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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Scotcall Doorstep Collection Help!


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:eek:

 

Oh dear just got this:

Scotcall Debt Collecting Services

 

Doorstep Collection Notice

My outstanding debt (£66.80) has been placed with scotcall. Failure to pay or contact in 7 days from date on letter (2nd march) will result in my account being passed onto Field Representatives to arrange a doorstep call.

To avoid they require immediate payment in full, or contact immediately with a realistic offer of repayment. I can pay online or call an 0870 number .

i know it's not a big debt (my others are) but it's to do with a mix-up about a phone (3) contract and the Indian call centre not processing my new details correctly.

 

Anyway i suspect they are pushing thier luck?? how should i deal with them?

 

Thankyou.:confused:

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If they do turn up, quote the following at them:

 

"Be advised OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless."

 

 

Then slam the door in their face.

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All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thankyou for the speedy replies!

 

Yes i know what it is for, an old contract with 3G, they are trying to get 2 months out of my after my contract ended, i got new contract with them, new numb and phone, and was told at Indian call centre where i sorted new phone out my old contract would be closed (i'd had it for the full 18months) now they are saying i should have closed it in writing, i cancelled my old DD straight away and set up the new one, they wrote to me 2 months later after not being able to get the money from my bank, untill then i was unaware there was a problem.

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Tiglet and Scarlet are spot on, if you want to have something in writing, send them this by recorded delivery...

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

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Urgh they are cheeky, we sent them the do not visit letter and they turned up on the doorstep after it!

 

 

How did you deal with them?

 

Were you able to get rid? I would have panicked with out this site helping, i am trying to deal with various debts (from stupid charges etc) without hassle for my partner, he is on medication for depression, if he see's this letter threatening a doorstep call he won't cope right now, even though this is in my name.

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  • 4 years later...

Hi. I know the original query is 4 years old but it is worth pointing out that there is no law of tresspass in Scotland so I don't know if that letter would be applicable.

I am not sure what law would cover this although I am aware that the calling without appointment rule is still applicable.

I've received a similar letter from Scotcall and would be interested if anyone has any suggestions.

Thanks

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As far as im aware, its illegal for them to call at a scottish residence.

 

Also Trespass (Scotland) Act 1865 http://www.legislation.gov.uk/ukpga/Vict/28-29/56

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The simple fact that no one is oblige to discuss anything with any doorstep caller, jus invite them to leave and close the door, a simple and easy remedy.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi

I have been in financial difficulties since my husband left 15 months ago, he returned to America and has nothing to do with me and our 4 kids. Prior to this we were ona debt management plan with the CCCS but all letters were addressed to him and forwarded on and he ignored them all and they cancelled the DMP.

I am doing a degree and MUST finish my last year.

This morning I got this email:

 

 

We have been appointed by the above client to recover from you the amount owed on the above contract.

 

Our client is disappointed that despite their attempts to contact you, you failed to pay or advise them of any financial problems that you may be having. We have therefore been instructed to visit you at your home to either collect the full balance due, or make arrangements for this long overdue debt to be repaid as quickly as possible.

 

To resolve this matter without the need for a personal visit, you should call one of our Advisors on 0844 257 8555 who will discuss your repayment options with you. Alternatively, you can repay the outstanding balance online using a debit or credit card at

 

If you are experiencing financial difficulties, please let us know and we will do our upmost to help you.

 

If you choose to ignore this notice, we are left with no option but to instruct one of our Debt Collection Agents to visit you to discuss your proposals for repayment.

 

If you have received this email in error please notify us by calling the number below.

 

 

Any advice on what I should do would be gratefully received.

 

Thanks

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Threatogram...

 

Email them or write to them advising them that they are allowed to visit you at home ONLY by appointment and that you have NO intention of making an appointment EVER!

There is a template letter in the library.

 

Hope this helps

 

Regards

 

BM

It never rains but it pours...

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Hi, Welcome to CAG,

 

The threat of doorstep collectors is designed to make you contact them by phone pleas do not be tempted to do so.

 

They have no authority what so ever.

 

Are the debts in your husbands name alone if so you have no liability to them what so ever.

 

So send this to The Compliance Manager at Scottcall by recorded delivery.

 

Ref: as on their e-mail/letters.

 

Dear Sir or Madam,

 

I refer to your e-mail dated xx xx xxxx and the ''threat ''of an agent visiting my home, please be advised no such visit is to be made, all permissions implied or explicit are withdrawn for ant agent, representative or employee of Scottcall or any associated company to visit my home.

 

 

ALL contact MUST now be by Royal Mail (proof of posting is not accetable as proof of delivery.

 

As all correspondence regarding this matter is addressed to my estranged husband who is no longer resident in the UK I now inform you that I do not acknowledge any debt, obligaton or liability to Scottcal or any company you may claim to represent.

All mail has been forwarded to the original addressee.

 

I now insist that you cease all contact with me concerning my estranged husbands debts.

 

You can e-mail this but please follw it up by recorded delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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In your name yet all letters addressed to him?

 

Are the debts in realtion to his business and in the business name?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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This particular debt is in my name. In my original post I meant the CCCS correspondance was in his name which is why they were forwarded to him (I didnt open his mail) and he ignored them, which is then why they cancelled the debt management plan due to lack of contact.

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Dear Sir/Madam

 

You have stated your intention to perform a home visit at [insert address here], In order to ensure that you are dealt in a similar manner to any other unwanted visitor can you please answer the following questions.

 

As part of your eviction from my property

 

1. Would you prefer to be savaged by

 

a. Rottweiler,

b. German Shepherd,

c. Akita,

d. Staffordshire Bull Terrier* (*please note due to the size difference with our Staffordshire Bull terriers and the other breeds held at the above property, more than one Staffordshire Bull Terrier will be set on you, this is also to ensure that you receive an equal service quantity-wise)

 

2. Would you like to order a video recording of your eviction (carries a standard fee of £50)

 

3. Would you like a medical Professional present for your eviction? (carries a standard fee of £500)

 

 

Kind Regards

 

XXXXXX

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