Centrica/CST claimform - Industrial Training Bond

[AndyOrch]

1 witness statement in response....check for accuracy and amend if required.

 

In the County Court at Sheffield Claim number XXXXXX.pdf

[smooth]

Wow, that reads very well and much better than anything I would be able to put together on my own, thank you. 

 

shall I email that over to the court and CC in CST law like they did with me when they sent their witness statement or would this information need to be posted? 
 

 

[AndyOrch]

I would do both..just make sure you meet the deadline.

[smooth]

i'll be getting it emailed across today and i'll ring the court in the morning to inform them and check if they would like a paper copy 

 

I just wanted to check a couple of things on the draft statement - 

 

statement 3 - 'overpayment of actual salary only equates to £2,500' should this figure be what they are claiming they overpaid me (£766.13) ? 

 

statement  4.0 - (see exhibitis xxxxxx attached) what should I be filling in the blank with? 

 

statement 4.0 denying paragraph 15 - 'the total value of the claim is £9324.63' < would this figure not be the £9,000 training bond + overpayment of £766.13 ? 

 

another question on page 40 of the document I uploaded from the claimant, there is a page dedicated to the training bond and below it asks for a signature, name and date all of which are blank? as if I never signed nor agreed to it? 

 

as soon as I have clarity on the above I will get it sent and again Andy I just wanted to say thank you I really appreciate you doing this for me  

 

 

sorry, it's not letting me edit the above post again.

 

i wanted to add page 35 is the only document where my name is digitally signed and page 41 conveniently has its own page saying i have signed all documents above (even though it's clearly something they have added)

 

surely my name should be next to each individual document reflecting i have agreed / acknowledged like page 35 and what is to say that the page 41 document is only relating to page 35

 

how can they prove its for all of the other documents when my name isn't next to them? 

Edited June 15, 2022 by smooth

[AndyOrch]

You know the finer details of the claim...anything above with any relevance you can add...but with regards to what they claimed on the claim form it is £9324.63 + Issuance fee + Sol fee......so thats all the court can allow should they win......if the court allows interest and that is only at the courts discretion  then that can also be added, but as you see from the statement/N1 they have not got a clue and added interest twice.

 

I have gone with your admitted amount because that's what you submitted £2500...that cant be changed now, they state they only overpaid £766.13...all in all when you look at the N1 claim form figures and their statement figures what they require.....none of it makes sense.and possibly why the court have allocated it to small claims track because the initial claim is less than 10 K.

 

With regards to contract's and no signatures you can raise that as and when and if its brought up.....but without a signed contract then you are not obliged or liable for any make believe training bond.

[FTMDave]

Open.

[smooth]

Hi, 

 

I have court next week and I have no idea what to expect or what is expected of me in front of the judge 

 

I will be going over the defence that’s been filed etc but is there anything else I should be doing? Would I be expected to talk / defend myself or simply just answering yes / no 

 

any pointers would be appreciated 

 

thank you  

[dx100uk]

Whatever is asked, you keep to the statements made in your defence or witness statement.

 

Dx

[smooth]

generally speaking, would I be expected to say much? If I'm unsure of what is asked would I be able to refer to what I have stated in witness / defence to be accurate? 

 

Also, would the judge's judgment be influenced by how I answer or will he just refer to the paperwork I have sent in? 

 

Should I bring p60's from my job to show I left British Gas and returned straight back to my old employer in an office? 

 

thanks! 

[FTMDave]

The judge will certainly be influenced by how you answer - otherwise there may as well not be a hearing!

 

In the past before court hearings I've asked a friend to pretend to be the claimant's/prosecution's representative and to give me a hard time, so I was sure I had my story straight and could answer well.

 

I doubt the P60s are that relevant.  The judge will in interested in whether at any point you agreed to pay British Gas this money.

[dx100uk]

You can't take your p60's nor refer to any docs not Inc as an exhibit in your WS.

 

Dx

[smooth]

thank you both! slightly nervous I won't lie. hopefully, the judge doesn't give me a hard time. I'll try to stick to the facts outlined in the documents I've sent in. 

 

will I be questioned by Centrica's solicitors? i.e. will they try and make me slip up etc  

[dx100uk]

no you wont.

its nothing like you might think it is not like TV!!.

 

also watch out for little chats they might want before you go in...smile and walk away.

 

read your ws a few times, make sure you understand what you have stated.

you most certainly need to ensure if you need too, that you get across that you did not sign all the documents, particularly the training bond stuff, and the claimant has no individually signed training document proving that you did.

 

 

 

 

[FTMDave]

Great words dx.

[smooth]

What little chats do you mean Dx? And with whom? 
 

So the only signed statement they have is that virtual one, as per the documents I’ve uploaded previous. what is the best approach towards this when questioned on the virtual signature?

 

thanks 

[dx100uk]

They fleecers may try to unnerve you before the case by wanting a private chat.  

 

I don't believe for one minute that's now people signed up to training. There are two threads here whereby it was supposedly placed Infront of them at the 1st session??. But sadly non have comeback to tell us how they got on .just vanished.

 

Dx

[smooth]

Ah right okay I’ll be cautious then! 
 

I don’t recall signing anything physically though there is a possibility in the Academy when I first started during training they presented documentation to sign I can’t quite recall though.

 

As of yet they have yet to show any proof I physically signed anything relating to the training bond (maybe it’s been lost if I did) and on the above documents uploaded the virtual signature in on a page on its own as though they just placed a separate page underneath the contracts,

 

the actual contract itself isn’t signed but then on another document my mangers handwritten signature is present and my name has been typed. Again, this is different to the part of the document with the training bond and there is no virtual name it’s just blank? I will attach the file to view 

 

would it be worth me highlighting the above facts? And saying I don’t recall signing a contract regarding the training bond and the only signature that can produce is on its own page 
 

Should I have received a trial bundle from the claimant or is the e-bundle they sent a few months back the same thing? 
 

thanks 

 

 

 

combined.pdf

[smooth]

Judge ruled in their favour as I sighed a valid contract. He didn’t relate to any of my points raised in my witness statement. It felt like the decision was already made due to employment contract law, regardless of what I said or stated in witness statement. Instead of the 8% interest he lowered it to 2% still around £11k odd.

not the result any of us wanted, very disappointing and there’s nothing I can do about it now  

 

thanks for everyone’s input in the build up to the case 

 

[honeybee13]

I'm really sorry to hear that, smooth. It could be the judge lottery although I know that's no consolation. You've been very gracious about the result, thank you for that.

 

I hope the judge gave you time to pay?

 

HB

[smooth]

21 days …  

Edited September 21, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

Judge lottery Def 

 

If you've been told to pay the full value by xx date, stick in an n245 tomorrow 

For a small £pcm

Dx

[smooth]

 

they offered me to pay £7,000 back before court in full .. kinda wish I just took it now. Sad times  

 

gutted by the judge, Centrica’s solicitor said she thinks it would be a female judge before I went in (yes she asked to speak with me prior) she was actually really nice. Turns out it was a male judge who very much agreed with the contract I sighed unfortunately. 
 

I’m going to try and see if Centrica will agree to lower the amount if payment can me made in full though I doubt this is possible now giving the judges decision. 

 

Really don’t want to be stuck paying monthly payments for the next decade! 

Edited September 21, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

so you can afford to pay it off by 28 days?

if so the CCJ will not be registered. 

[smooth]

no, I won't be able to pay the full 11k off  

 

I will try and get them to reduce the overall bill to a more reasonable figure and I'll pay in full (I know this is very unlikely now) otherwise, I am going to have to sort monthly payments.

 

is it Best to fill out an N45 or try to come to an agreement directly with Centrica? 

[dx100uk]

Get the n245 done and into the court. Once that's sorted and ratified you can see if BG will reduce the value. But they have their judgement and have no reason too 

 

Dx