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smooth

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  1. Any reason why you think they have done this? would this mean anything for my case that has already been taking to court which I lost
  2. Centrica/CST claimform - Industrial Training Bond ***Claim Discontinued*** - Page 6 - General Legal Issues - Consumer Action Group If you look at my thread, they took me to court and the judge pretty much said ‘the law is the law’ and I had to pay the full amount + fee’s + interest. Between £11-13k + from memory im paying them £20 a month, they wouldn’t accept a larger one off payment post court at a reduced amount. personally I think it depends on the judge you have on the day, a gamble none the less. if I could go back and take a settlement payment at a reduced figure I would 100% do it + avoids a CCJ
  3. I finally received documents from the court in the post titled “general form of judgement or order” I can let you know any details in there but it pretty much says I need to pay £11,526 by the 12th October to CST law. I obviously will not be able to do this so I’ll proceed filling out the N245 form. I’ll send this back to Mailing address that I had originally sent my witness statement to is this correct? im guessing there is no way to appeal this decision now? I noticed on the N245 form there is an option to tick I wish to apply ‘for a suspension of the warrant’ and/a ‘reduction in the instalment’ they haven’t giving me an option to spread the cost FYI I’ll try and give them a call later see what they say. my biggest concern is getting a CCJ and there is no way out of this now unless I pay the balance in full I believe before the 12th
  4. sorry Andy what do you mean disclosed a signed agreement? the judge said ‘the law is the law’ and the contract that had been signed is a valid contract. Centrica did not produce any further documents only what was put in the E-bundle that I already posted in this chat with the virtual signature etc. I don’t think anything I would have said would have changed his view on the situation. Very harsh considering the current cost of living everyone is going through plus the burden of having unintentionally taking on a debt for monies I was never in procession of couple questions regarding the n245 if I may - I haven’t received any documents from the court yet but I’m assuming I tick the section ‘I wish to apply for a reduction in the instalment order’ I’ll be moving property in the next month or so, when it comes to mortgage payment section I can put my new monthly payment in? Also, I can not fill out section 9 until I receive the order from the court? Thanks
  5. 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?
  6. 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!
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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!
  12. 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
  13. 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?
  14. 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?
  15. No how it worked, if I left in year 1 I would Be liable to pay £9,000, year 2 £6,000 and year 3 £3,000 .. if I worked past the 3 years then left I wouldn’t owe them anything. It’s basically a penalty and way for British Gas to stop you from leaving by threatening you with unintentional debt. Think they used the justification to ‘recoup‘ training cost
  16. the overpayment i don't recall them ever asking for that, of course, what they're saying is probably correct and I will happily pay the overpaid wages. The training bond is my biggest dispute as it adds up to a very large sum. They make multiple points about the overpayment in the statement and then bundle in the training bond (it seems a bit off as there aren't multiple points regarding it like there are about the overpaid wages) - whatever you can do to improve what I have already done would be greatly appreciated. Thank you Andy (sorry if my response isn't that helpful)
  17. Hi Andy i have typed up the below statement, also I have included emails I had received from Centrica at the time when I was disputing the training bond to which they stopped responding after i sent an email to a department I was advised to send it to, leaving me with the assumption the matter was closed. hopefully its all okay thank you again statment 1 pdf .pdf
  18. Hi Andy I was just wondering if you have managed to have a look? Thanks
  19. The witness statement starts on page 20 E-Bundle - 19.05.22.pdf
  20. Ah right ok. In the file I have attached there is a statement from a witness I believe, are you talking about that maybe?
  21. wow, thanks Andy! are you able to elaborate on what points I should raise or any evidence I should produce? I'm able to produce payslips from the company I worked for before Brit gas and after / possibly employee contracts .. would this be required? I can type up a draft statement giving my reasons for leaving / not gaining anything financially ( basically just telling my story as direct as possible ) I also made contact with Brit Gas after leaving disputing the training bond and i was told to email a department which i did and I never heard anything until years later also, the training went on for approx 5 months majority of that was with a team - I only properly got a real feel for the job / work after that and left relatively quickly thereafter
  22. I'm not sure what I should be drafting strictly for my defence? I can type up a draft of my reasons for leaving the company, show proof I went back to my previous employer and proof I still remain here today (basically telling my side of the story / never gaining anything financially etc ) another point I want to raise is regarding the overpayment from memory I can't recall ever being sent documents that I was overpaid its only recently I have seen this stated in the papers I have been sent - they also say in the file I attached 'proof of which is in CP2' regarding the salary overpayment but there is no documentation of any letters being sent to me in the early years Are you able to elaborate on what it means to be allocated to small claims over the fast track? Thank you
  23. hi everyone - i have some comms from the court and claimant which i'll post below / upload .. any advice I would massively appreciate & hopefully you will find the information useful The file I have uploaded needed to be reduced in size and some images have been blurred as a result Thanks again Letter from the court - District Judge ****** sitting at the County Court at ********************* has made the following Order; UPON the court considering the papers including the Directions Questionnaires filed by both parties. UPON hearing solicitors agent for the Claimant and the Defendant in person at a telephone hearing AND UPON the Defendant indicating an intention to seek to withdraw the admission filed following the commencement of the proceedings AND upon the court drawing the attention of the parties to the following warning: The parties are reminded that Rule 1.1 of the Civil Procedure Rules [see http:// www.justice.gov.uk/courts/procedure-rules/civil] provides that part of the court's overriding objective is to enforce compliance with rules, practice directions and orders. Non-compliance with this order will be regarded as a very serious matter and will lead to sanctions being taken against the non-complying party. These sanctions may, for example, include excluding documents or evidence at trial or striking out a party's claim, defence or counterclaim and/or the party in default having to pay the costs. IT IS ORDERED THAT Notes If you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of case and any other documents you have filed. If you do not attend the hearing and do not give notice that you will not attend, the district judge may strike out your claim, defence or counterclaim. If the claimant attends but the defendant does not, the district judge may make a decision based on the evidence of the claimant only. Leaflets explaining more about what you should do and what happens when your case is allocated to the small claims track are available from the court office or online at http:// hmctsformfinder.justice.gov.uk and search for leaflet EX306 The court office at the County Court at ********************. When corresponding with the court, please address forms or letters to the Court Manazer and quote the Claim number. Tel: *******. Check if you can issue your claim online. It will save you time and money: Go tO www.moneyclaim.gov.uk to find out more. N157 Notice of Allocation to the Small Claims Track (hearine) Produced by:***** CONTRACT DISPUTES 21. In any breach of contract case documents and information sent to the Court and to every other party must contain (where relevant) a) any written contract b) any alleged amendment or variation of the contract c) the breaches of the contract d) what damage is said to have been caused e) what injury or losses have been suffered and how any (and each) sum claimed has been calculated f) the response of the defendant to each of the above Guidance: You may find it helpful to look at the Advice Now website at www.advicenow.org.uk/going-to- court/ to obtain guidance as to how this case will be dealt with by the Court and how best to present your case to the Court Please note: • You may have to wait for your case to be heard because many small claims hearings are listed at the same time as other cases • You should therefore allow sufficient time to attend Court allowing for the fact that you may have to wait Exceptionally, it may be necessary to adjourn your case to another date if it is not possible to deal with it that day Date 19 May 2022 For information on how HIMCTS uses personal data about you please see: //www.gov.uk/government/ organisations/hm-courts-and-tribunals-service/about/personal-information-charter Am wybodaeth ynghylch sut mae GLITEM yn defnyddio data personol amdanoch chi, ewch i: //www.gov.uk/ government/organisations/hm-courts-and-tribunals-service/about/personal-information-charter ALLOCATION 1. The case is allocated to the small claims track and the parties are referred to Part 27 of the Civil Procedure Rules 1998 and the Practice Direction to that Part for guidance as to how the hearing will be conducted HEARING DATE 2. The case is listed for final hearing on 21 SEPTEMBER 2022 at 2:00 PM at the ****** and Family Justice Centre with a time estimate of 2 HOUR(s) as an In Person Hearing. The time estimate is given upon the basis of the papers before the Court. If any party believes that the time estimate might be substantially inaccurate, that party must notify the Court immediately in writing explaining why more time may be required HEARING FEE 3. Unless the claimant does by 2.00pm on 24 AUGUST 2022 pay to the court the trial fee of £346.00 or file a properly completed application (i.e one which provides all the required information in the manner requested for help with fees, then the claim will be struck out with effect from 2pm on 24 AUGUST 2022 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless there is a counterclaim which survives the claim being struck out in which case the hearing will go ahead." WITNESS STATEMENTS 4. By 16 JUNE 2022 each party must send to the Court and to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves and of any other witnesses (if any) Witness statements must: a) start with the name of the case and the claim number b) state the full name and address of the person making the statement c) set out that persons evidence clearly and in numbered paragraphs on numbered pages d) end with this paragraph: "I believe the facts stated in this witness statement are true" e) be signed and dated by the person making the statement SETTLEMENT 5. If the parties settle the case prior to the hearing they must immediately inform the Court of this fact. 6. This order having been made by the Court without a hearing, any party may apply to have the order set aside, varied or stayed by issuing at Court an Application in Form N244 (and paying the relevant fee or completing an Application for fee exemption). The Application in Form 244 must be issued no later than 7 days after the date of service of this Order. MEDIATION DIRECTIONS 7. List for mediation because one or all of the parties agree to mediation/judge considers suitable for mediation. Having considered the papers in your case, the court believes that your case is suitable for mediation. This is a very simple process designed to give you the opportunity to resolve your dispute without having to attend a court hearing. You will be contacted by the Small Claims Mediation Service with an offer of an appointment within the next 21 days. Please note that if you do not wish to undertake mediation, you can contact the Small Claims Mediation Service by telephone on 0300 1234593 or email on scmreferrals@hmcts.gsi.gov.uk within 7 days of receipt of this order If you contact the Small Claims Mediation Service by email please ensure you include a return telephone number, and the case number. If you require any further information about mediation please contact the Small Claims Mediation Service by email at the above email. The mediation service is FREE. Mediation appointments are conducted by telephone and so do not involve you having to attend court. The mediation appointment is limited to one hour, is confidential and can be done anytime up to 10 working days before the final hearing. Further information on mediation is contained in the attached information sheet or can be found at www.gov.uk. WELSH LANGUAGE 8. If any party is legally represented then when filing any witness evidence, the legal representatives must notify the Court in writing that: a) they have advised their client of the entitlement of any party or witness to give evidence in the Welsh Language in accordance with the Welsh Language Act 1993 (which is not dependant on whether they are fluent in English) b) instructions have been taken as to whether any party or witness will exercise that entitlement, in which case the legal representatives must so inform the Court so that arrangements can be made by the Court for instantaneous translation facilities to be made available without charge 9. Any unrepresented party or witness for such a party being entitled to give evidence in the Welsh Language in accordance with the principle of the Welsh Language Act 1993 must notify the Court when sending to the Court their witness evidence whether any party or witness will exercise that entitlement whereupon the Court will make arrangements for instantaneous translation facilities to be made available without charge TRIAL BUNDLE 10. The Claimant must at least 7 days before the hearing send to the Court and to every other party a hearing bundle containing all relevant documentation, with an index at the front and with each page numbered. The bundle should be contained in a suitable ring binder. The bundle should always contain copies of the following documents when relevant: a) the claim form, the particulars of claim and the defence (and any counterclaim) b) the witness statements c) any expert evidence that the Court has allowed to be relied upon d) any photographs E-Bundle - 19.05.22.pdf
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