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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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1st Credit Stat Demand for debt not due**WON+COSTS+BAILIFFS**


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Hi,

 

I hope someone can help me.

 

I have received a stat demand from 1st credit for £4700.

 

It is claimed for CitiFinancial who I assume are Citi Bank.

 

I have no idea what this is for.

 

I have sent a CCA with £1 in August with proof of postage and no response. I have since sent another one Special D.

 

They have previously threatened to take the house. They have also offered a loan which I thought was illegal as they can not offer other credit.

 

I realise I have to get this thing set aside.

 

Can someone post a link to the forms to set it aside please?

Also any help filing them in would be greatly appreciated?

Which court would I take them to. I have read that only certain county courts will accept this. I live in South Buckinghamshire.

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Hi Curlyben,

 

Thanks for your reply. However I have already read the sticky.

 

What I am after is a link to the forms to defend the Stat Demand.

 

Also advice on filling in it and where I should take it.

 

I have never done anything like this before.

 

If they were to go for bankruptcy I could not pay as I dont have the money. I do have a property with equity and am worried about loosing it.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi thanks for all the help.

I am just preparing to fill out the stat demand defence form 6.5.

 

I am going to put down as the defence.

 

(1) Do not admit the debt because I have no knowledge of it. A CCA request was sent to 1st credit on August 27th. No reply was received.

 

Is this all I need to put.

 

Any help is appreciated.

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I have used this (which came from another thread - many thanks to the author):

 

1 July 2007

 

I,

Apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of an alleged debt when such pressure is contrary to the OFT Debt Collection Guidelines.

 

The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. The prescribed period as stated in SI 1983/1569 Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 is 12 working days. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues.

 

My request under s78 of the Consumer Credit Act 1974 was sent to Nasty Bank (UK) Limited for a copy of the alleged agreement on xx/xx/2007 This request was received and signed for on the xx/xx/ 2007. At this present date (xx/xx/ 2007), Nasty Bank (UK) Limited have had 153 working days to comply with the request made, and are therefore in default as stated above.

 

Further, I believe that the amount of £****.** referred to in the statutory demand includes a substantial sum of unlawful penalty charges. Nasty Bank (UK) Limited have not provided any information regarding the charges they have added to the alleged account.

 

Also, I have never received a legally valid default notice for the alleged account as required under the Consumer Credit Act 1974.

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MrCollio your application to set aside is a little brief. I would adapt wotnot's post to your needs just to give the judge a bit more information.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I went to set the stat demand aside on Wednesday.

It looked like the court staff had not seen a stat demand before, Aylesbury court.

I did not get a receipt or any paperwork as acknowledgement.

Is this correct?

Also what happens now?

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It's not uncommon for the court staff that you speak to to not be very familiar with SD's (90% of SD's are just issued as a threat by creditors). The court will now arrange a hearing where it will be decided whether the SD will be set aside.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I received an acknowledgement from the court today in the wrong name!

 

So I phoned them up. They put the guy from 1st credits name on my letter. However it has gone before a judge and she said letters had been sent to both parties regarding a court hearing date. I was told I would already have it.

 

However when I checked the post I now have a letter from 1st credit. They are now taking me to the County Court and then are going to apply for a charging order on the house.

 

What should I do now?

 

Please remember i have already CCA with no response and written a complaint letter with no response.

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  • 2 months later...

You should send Ist Credit a letter before action asking for the money owed to be paid before a certain date - say 7 days after receipt.

 

Send the letter recorded delivery and add the costs to the bill. Don't worry about that because its exactly what they would do.

 

If the time limit expires and you hear nothing from them file a court claim against them. Its what they have threatened to do but haven't becuase they know they are barking up the wrong tree. From its serving they have 28 days to respond. They can either defend it - bit silly really bearing in mind this was an order by a court - or dispute part of it - just as silly as it would lead to a court hearing and the judge would not be best pleased - or pay it.

 

If they don't you can do all sorts of fun things like send in the bailiffs, or freeze their bank account until they pay up. All this costs money but in the end it will be 1st Credit who pays.

 

After you have received your cash report them to the Office of Fair Trading. tell the Westminster mandarins what happened and ask them if they believe 1st Credit are worthy of a consumer credit licence.

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You don't need to go to court again. Judgement has already been passed. All you need to do is get a warrant of execution against 1st Credit, which costs another £35. This will be added to the outstanding balance of £40 and will allow the bailiffs to enforce the judgement. Her Majesty's Courts Service

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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You don't need to go to court again. Judgement has already been passed. All you need to do is get a warrant of execution against 1st Credit, which costs another £35. This will be added to the outstanding balance of £40 and will allow the bailiffs to enforce the judgement. Her Majesty's Courts Service

 

 

How good would this be. It would be worth every penny.

 

What a good story it would make as well!!

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How about phoning them constantly and adding those costs to the bill? Demand an immediate electronic transfer into your bank account. Then wait and see if they send you a stop harassing us/in writing only please letter. Or am I being a bit unfair on the poor darlings?

 

Only joking, don't give them your bank details!!

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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  • 5 weeks later...

I have given 1st Credit 14 days now and they have not responded so I will now issue county court proceedings against them.

 

On the claim do I simply put "Non Payment of awarded costs. Costs were awarded by Judge on 6th December 2007. It was further ordered that 1st credit should pay these by 20th december 2007."

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I filled in an N323 warrant of execution and took it to the court.

 

The court refused it as the debt is under £50.

 

What should I do now.

 

These people caused me a lot of heartache and it seems they have got away with it.

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