Centrica/CST claimform - Industrial Training Bond

[smooth]

No, it's okay - I appreciate everyone's help in the matter.

 

I've received multiple letters in the post, and I remember at the time I was reading these threads, and someone had received the same letter/letters.

 

One of the letters may have been a 'letter of claim', though I am not 100% sure.

 

My situation is pretty much the same as others in this current predicament the only difference, I am a month or two behind them regarding the timeline of proceedings.

[FTMDave]

Given Centrica had been useless at replying to your efforts to compromise I'd hoped to build up a pattern of such behaviour.  Judges don't take kindly to court cases being started without an attempt at finding a solution first.

 

But you're not helping us to help you.  How can you be "not 100% sure" if you received a Letter of Claim or not, or not have a copy of your defence?  You're being sued for 13 and a half grand.  It's not a matter of if it gets to court, the court claim has already started.  Not keeping legal correspondence or a copy of a legal defence is madness.

[smooth]

Big mistake on my part and it’s really stressing me and my partner out.

I’m not familiar with anything legal and have never attended a court in my life!

 

I was communicating with CST based on advice on other threads regarding setting up a payment plan to get everything dropped and at the same time receiving a time sensitive claim form. I didn’t think it would get to this point based on what CST told me regarding everything being put on hold.

 

I don’t know if this helps on my part?

but I spoke multiple times to CST and kept getting told the same thing regarding them contacting me once Centrica respond. They never did and now I have this letter of fast track. 
 

having a re-read over the threads it does not appear anyone has had the fast track action I have had and im assuming it’s to do with the claim form I sent off without seeking advice first   
 

If the court does settle in their favour and i can’t afford to pay it off, if I agree to set up a payment plan would I get a CCJ regardless? 
 

just looking at potential best case and worst case scenario’s once the judge rules? 

Edited December 2, 2021 by dx100uk
spacing

[dx100uk]

no fasttrack is gov'd by the claim sum +£10k then it's fast track. but anyway no you should not have returned any forms anyway (use the MCOL website!) unless it was a claimpack from salford court? and doesn't mention MCOL website at all? and yes you should have sought our advice first before defending...

 

sorry but your issue here seems to be you having entered into pointless comms tennis with CST through panicking and trying to get this resolved. your target should have been centrica, if they refused then you shouldn't have been entering into ANY comms at all with their dogs. they will lie, lie and lie again as everything is not in WRITING and thus not useful in court later. i'm also not sure where on CAG these like threads have ever said try to negotiate from advice given by reputable members? where did that advice come from?

.

there no evidence YET any of the claims we know of have succeeded to date.

the over whelming evidence is this is a mass attempt by CST to see if they can win any of the numerous claims they must have initiated on behalf of their 'client' that as i've said on CAG before, most probably had no idea they were all going to be raised in court in the 1st place.. 

 

if you lose, then a payment plan can be arranged but you would still get a CCJ. 

i'm not sure where a consent/tomlin sits in all this to avoid a CCJ as long as you pay the instalments agreed, but then again, their claims might start to fail of those infront of you depending upon their/your hearing dates and that could be a game changer for you with regard to evidence/witness statements etc

 

dx

 

 

 

[FTMDave]

I was about to post but dx has explained it much better than I could have.

 

Try to understand who you are dealing with.  CST Law to all intents & purposes don't really exist.  They are not a real firm of solicitors.  They have no existence independent of Credit Style.  Credit Style even admit this on their website  https://www.creditstyle.co.uk/services/legal-collection/

 

So you're dealing really with Credit Style.  Who are debt collectors.  Says it all really.  As dx says they will lie & lie & lie again to get their money.  You've been had.  If you feel negotiating a settlement would have been appropriate then, as dx says, Centrica should have been your target.

 

More tomorrow when I'm more awake.

 

 

[dx100uk]

have you sent that CPR 31.14 yet, it might well be, as with other threads here, there is NO signed form agreeing to being charged the training fees , other than the original agreement.

do you remember signing a form concerning training fees ?

 

can you go read this thread from about post 68 by badmojo and comeback here and tell us what YOU know about documents you might have signed and the initial training process. like did you sign anything inclass ?

 

 

[smooth]

Apologies for the late response 

 

DX I believe at the time I received the original letter of claim I read the above thread you posted #77 and below where there was talk of trying to settle (I did contact Centrica at the time and they directed me back to CST)

 

I have not sent CPR 31: 14, if that will help I am happy to do so.

 

The thread posted above that person left in Nov 2017 I left in Jan 2017 however by the looks of it he started a year before I did (2015 vs 2016) the documents he had uploaded all appear to be the same as the documents i had at the time of employment I don't remember signing a physical copy on anything only a digital copy of the contract

 

My claim form has got info regarding signing in on MCOL website which I did do at the time but unfortunately i replied via the letter 

 

I'm worried I may have shot myself in the foot on the claim form as I ticked the box admitting 'part admission' I only did this because I was in communication with CST to get everything dropped / payment plan set up and assumed that box needed ticking  

 

I am really angry with myself for not seeking advice on here first! 

When I log in on the website it now says the below - 

A claim was issued against you on 28/07/2021
Your part admission was received on 18/11/2021
DQ sent to you on 18/11/2021

 

Please let me know if you require any further info or anything I can do in the meantime to help 

 

Thanks again! 

 

[dx100uk]

Part admittance will guarantee a ccj sadly as far as i'm aware..sorry.

you are going to have to produce evidence of why you think you dont owe the whole thing now and that could be hard too

 

Dx

[smooth]

Aw that’s really disappointing  me and my partner were looking to upsize to a new property in the next few years too!
 

CST have sent me the original form I had sent off a photo copy version 

 

in my defence part I said  ‘even though I feel I shouldn’t pay this training bond I will be happy to close the matter if they agree I can pay £2,500’ 

 

not sure if that statement would have any relevance regarding ‘part admission’ as when I ticked the box I also confirmed that amount next to it and then highlighted it in my defence. 

 

the best case for me to avoid a CCJ is to try and get amount they want me to pay to as little as possible and just pay it off within 30 days?
 

Centrica did say they would accept a £6,000 payment before we sent them my counter offer (£2,500) 

 

Would I have any leeway with the court if they knew I filled out the claim letter before seeking legal advice due to myself being in communication with CST waiting on Centrica to reply to my offer of £2,500 or is there anyway to redact that my original claim form response? 

 

I’m so disappointed with a company like Centrica doing this and putting individuals in large debt.
 

They chose to employ an individual who has never worked a physical job in their life and was forced to leave due to the mental strain within 10 months of being employed by the company it’s just ludicrous the way they work, truly shocking! 

 

 

 

 

[dx100uk]

if you paythe sum adjudged within 30days no it wont show.

 

 

see what @Andyorch thinks about your options, i might have missed something.

 

dx

 

[AndyOrch]

Did you state an amount within the part admittance (N9b) ?  On your N9a did you tick 1 or 2 (Defend all Defend part ) ?

I assume your response was on line but refer to the forms below.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772450/n9-eng.pdf

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866787/N9B_web_0818_save.pdf

 

 

 

.

[smooth]

@Andyorch on this form -https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866787/N9B_web_0818_save.pdf 

 

Section - 'Admission' ' how much of the claim do you admit' I ticked 'I admit the amount of £2,500' 

section - 'defence and counterclaim' 'how much of the claim do you dispute' i ticked this part > 'I admit the amount of £2,500' 

 

I don't recall filling in the below form, I believe it was sent with my original claim form is that sounds right? I still have the document unless they sent me two copies otherwise I haven't filled it out.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772450/n9-eng.pdf

 

I have also been sent an email from CST today stating the below, again no idea what I should be doing here - 

 

 

Dear Sir,

 

We refer to the above matter and attached Proposed Directions for you to review, reply and agree to in compliance with the Court Directions. 

 

Please note that the Court have provided a deadline of 20^th December 2021. Should we not receive your reply and agreement to the attached proposed directions by 4pm on 16^th December 2021, we shall assume that they are not agreed and will proceed to file these with the Court as not having been agreed.

 

Should you have any queries please contact Manpreet Rowan on 0114 290 1411 or alternatively please do seek independent legal advice.

 

We look forward to hearing from you by 4pm on 16^th December 2021.

 

Yours faithfully,

 

 

The below document was attached - 

 

 

ORDER In the County Court Business Centre District Judge [ ] Case number: ******

 

Parties Centrica Plc Claimant

Mr ******** Defendant

 

Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires.

 

On [ ]

 

District Judge [ ] sitting at [ ], considered the papers in the case and ordered that:

 

1) The Claim is allocated to the Small Claims Track and is assigned to His Her Honour District Judge [ ] for case management.

 

2) The Claim is transferred to the County Court at *******, being the Defendant’s local County Court.

 

3) Evidence of fact will be dealt with as follows:

 

a) by 4pm on [ date that is 14 days before the Small Claims Hearing date] all parties must serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence.

 

b) Oral evidence will not be permitted at trial from a witness whose statement has not been served in accordance with this order or has been served late, except with permission from the Court.

c) Evidence of fact is limited to One witness on behalf of each party.

 

4) No expert evidence is necessary.

 

5) The Court Hearing Fee is to be paid 28 days before the Small Claims Hearing date.

 

6) The Small Claims Hearing will be listed as follows.

 

a) The Hearing is to be scheduled for the first available date after 28 days.

 

b) The estimated length of the Small Claims Hearing is less than 1 day.

 

7) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of service of this Order.

 

 

Thank you again for your help everyone 
 

 

[AndyOrch]

Okay thanks.....Im not sure whether your admitted amount has been picked up ...if it had I would have thought the court or claimant would have informed you by now.

 

With regards to the claimant's directions that's standard for Fast Track.....I'm not sure the court will agree to Small Claims Track...but if you agree and inform the claimant you agree with the directions then it may be possible if the claim is not complicated.

 

Andy.

 

 

 

.

[smooth]

I may have missed something on Frdiay the 3rd December I was sent this email from CST - 

 

Dear Sir,

 

Having perused the file, I note that our Client has responded to the Part Admission and have confirmed that this is not accepted.

 

I also note that Directions Questionnaires are to be filed and served by 20^th December 2021 after which we shall await Court Directions to proceed to the Trial.

 

Should you have any further queries regarding this matter, please do write to us by return or alternatively seek independent legal advice.

 

Yours Faithfully

 

CST Law

 

I'm assuming that was in response to my offer to pay £2,500 

 

Regarding the Proposed Directions, it is better to agree rather than dissagree @Andyorch? If so why? 

 

Would small claims court be a better outcome also? 

 

Thanks  

 

[dx100uk]

good so the claimant has refused your partial admittance?. you might get away with this then.

you want it small claims as fast track can be very expensive with regards to costs, small claim costs are very limited.

 

dx

 

[smooth]

Yes by the looks of it that is what she has responded word for word, finally a bit of good news  ! 

 

Cool, so I repsond to her email advising that I agree? Or do I print off the word document fill out the blanks and send back to them? 

 

They want a response by the 16th cutting it close if it needs to be mailed 

 

Thanks 

[dx100uk]

let @andyorch confirm later but you could always email.

 

dx

 

[AndyOrch]

Send your agreement to the Directions with their copy of your N181 which I assume you will be filling shortly ?

[smooth]

Hi Andy, if you read back a few comments I had already sent off the N181 you helped me fill it out 

 

Could you elaborate on what you mean by sending my agreement to the Directions? 

 

Do I just simply reply to CST's email confirming I agree? 

 

[AndyOrch]

Quote

Do I just simply reply to CST's email confirming I agree? 

 

Yes

 

[smooth]

Perfect I will get this done now thanks! 

 

Strange how the other threads haven't posted for a while they seem to be very active for my case 

[AndyOrch]

Possibly the other users are not as active as you in updating 

[smooth]

Hey everyone, 

 

Hope you all had a good Christmas / NYE 

 

I have received a letter in the post this morning stating the following - I'm a little confused as on my end I believe i have sent everything off, I think they are on about Centrica and not me if so I don't do anything on my end now? 

 

 

Claim Number

H******

Date

12 January 2022

 

CENTRICA PLC - 1st Claimant Ref CST/V*******

 

MR ******** - 1st Defendant Ref

 

 

Before a Court Officer sitting at the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St

Katharine's Street, Northampton, NN1 2LH.

 

The Claimant, you have been sent Notice of Proposed Allocation to Track which specified the date by which you

were required to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with

the CBC by the date specified in the Notice.

 

IT IS ORDERED THAT

 

The Claimant must file the Directions Questionnaire with the CBC on or before 7 days from service of this

Order with County Court Business Centre (CBC) via post at St Katharine's House, 21 - 27 St Katharine's Street,

Northampton, NN1 2LH, via Document Exchange at DX 702885, or via email at [email protected]. If the

Claimant does not comply with this order their claim will automatically be struck out without further order of

the Court.

 

You can download a Directions Questionnaire from www.justice.gov.uk/forms. For claims up to €10,000.00

please download form N180. For claims over €10,000.00 please download form N181.

 

This order has been made without a hearing under the Courts case management powers contained in the Civil

Procedure rules Part 3.

 

This notice is served pursuant to paragraph 26.3(7A)(a) & (b) of Part 26 of the Civil Procedure Rules. The parties

have the right to apply to have the Order set aside, varied or stayed.

A party making such an application must file the application with the CBC (together with any appropriate fee)

within 7 days of service of this Order.

Dated 12 January 2022

 

Thank you again for any help provided 

[AndyOrch]

For the claimant not you......sillyboy solicitor has not filed his DQ as of yet...ring the court next Tues and check if they filed...if not request the claim be struck out as per the above order.

 

Andy

[smooth]

amazing! I read it wrong initially and thought they were on about myself and had a panic

 

I'll deff ring Tuesday and request that thank you Andy  

 

If it does get struck out is there a possibility it could brought up again in the future?