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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Unpaid Council Tax - 6 years!!


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Been to see a friend of mine today and he has a few debt problems to say the least. He produced a box full of letters going back six years for unpaid council tax. So far three different firms of bailiffs have been involved, but no-one has actually crossed his doorstep. He just doesn't answer the door.

 

What is so crazy is that he probably would have been entitled to claim council tax benefit but he never quite got round to it.

 

The last letter from the bailiffs said they were referring the debt back to the council and that he may end up in prison. He actually has nothing the bailiffs could take anyway.

 

Just read the notes at the top of the thread and going to post this elsewhere on the site

 

So, questions. He has heard from someone that if he manages to pay the current year the council will be Ok and leave the remainder in the hands of the bailiffs. I am not sure about this.

 

Also, if he were to go bankrupt would the debt be written off in bankruptcy or would it remain?

 

What are his chances of getting backdated benefits?

 

Any other ideas? I have never known anyone get away with it for so long:eek:

Edited by Goldlady
Read the notes after posting!!!

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi Goldlady,

 

The downfall here is that a debt due to the government doesnt die, so if he has arrears going back 15years for council tax he will have to pay it.

 

If he can sort out the current council tax issues and carry out an income and expenditure and offer payments to clear arrears then the council will have to accept it, the downfall is the bailiffs can be obstructive, so best to deal with the council if they will let you.

 

The chances of getting backdated benefits are fairly slim, unless there is some exceptional reason for not applying in the first place, the usual excuses like I didnt think I would qualify, or didnt get time to do it, or I submitted it and you lost it wont work. I think the only one to work here will be mis-advised by the council about rights to claim or mental health issues.

 

If going bankrupt - I am unsure what happens here, i dont think it can be taken into the bankruptcy, but I may be wrong.

 

With referenct to a committal to prison that is upto the magistrates to decide, the case will be referred back to the local authority and they will decide what action can be taken, committal is a last resort, if he can sort his current council tax out and make small repayments to the old debts then all the magistrates are concerned about is getting it repaid. If he can stop the debt getting bigger and it reducing each month then the Magistrates should accept that, but that is down to the individual magistrate.

 

Jax

 

Been to see a friend of mine today and he has a few debt problems to say the least. He produced a box full of letters going back six years for unpaid council tax. So far three different firms of bailiffs have been involved, but no-one has actually crossed his doorstep. He just doesn't answer the door.

 

What is so crazy is that he probably would have been entitled to claim council tax benefit but he never quite got round to it.

 

The last letter from the bailiffs said they were referring the debt back to the council and that he may end up in prison. He actually has nothing the bailiffs could take anyway.

 

Just read the notes at the top of the thread and going to post this elsewhere on the site

 

So, questions. He has heard from someone that if he manages to pay the current year the council will be Ok and leave the remainder in the hands of the bailiffs. I am not sure about this.

 

Also, if he were to go bankrupt would the debt be written off in bankruptcy or would it remain?

 

What are his chances of getting backdated benefits?

 

Any other ideas? I have never known anyone get away with it for so long:eek:

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If he was entitled to any council tax discounts they can indeed be backdated in fact as far back as april 1993 when council tax took over from poll tax.

 

I know this because my carers discount was backdated to 1993.

 

So it maybe a good idea to check out discounts on your local council website.

 

You also do not have to give reason why you did not claim it before.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thank you so much for the advice - it has certainly given me something to start on.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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