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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Committal to prison - council tax


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Hi is urgently need some help of advise.

This is a on going problem with havering council. We feel behind with our council tax a few years ago, my partner was the only one working and we were living on £220 a week and having to pay full rent /council tax ect... anyway, we found we was unable to do this and fell behind. We ended up getting in debt with a few companys in the mean time also. We started getting final notices and court summons from the council, we emailed, wrote and informed them we cant afford to pay the amount in full and can we set up a payment arrangement... We did this about 15 times in the last 3 years. When i started back at work we paid £40 a week and emailed and proposed this as a on going thing, it was again declined. So very dishearted and stupid, we stopped paying and used it to clear other debt that were happy to accept the amount. Anyway to was we recieved a committal to prison, straight away i have sent a letter explain the situation and offering to clear the debt in 24 months, we made a good will gesture payment of £40 also, and said we will put the money away each week untill either they accept or the time of the court hearing.. I am so worried.. I dont want to go to prison i have children! And i have NEVER refused to pay it, we have just never come to a arrgree ment.

Does anyone have any advise for me? or maybe someone whob has been through it before that can explain it to me what happens? I understand i have been silly in not addressing this sooner, but we have been trying to get ourself straight with companys that willingly took our money. And now i am soo scared. It has ruined our christmas and i know i am going to make myself ill worrying about it now...

Please help

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Did you try and claim council tax benefit? If you didn't you might be able to back date a claim if you were entitled to it.

 

How much do you actually owe them?

 

I am sure they will not want to send you to prison if there is a way of paying it back. If you are working they can do earnings attachments and what I would do is start sending them payments even if they have refused the proposal you have made.

 

I am no expert in this, but hopefully if I post a reply someone who has more experience can advise you.

 

Please don't worry too much - there are a lot of people in arrears with council tax and I have not heard of anyone yet going to prison. I do payrolls for companies whose staff are paying off arrears from 2 or 3 years ago at £15 a week from their wages.

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 there thank you so much for your reply. I couldnt sleep last night worrying about it.. I have contacted my local MP and asked of there is anything he can reccomend, but i dont hold out much hope. I owe £3600 for 4 years c/t Is it about £1000 less due to odd payments we have made, but obviosly this is not enough. We tried to claim bennifit and was told even though my partner only brought home £220 we wasnt entitled to anything. I made the £40 payment yesterday and will make £40 a week payment untill the court date, there is nothing more i can do - I mean £40 is still pushing it slightly, but i need a amount i can stick to and when the new council tax year starts, i can afford to pay that also. I know we have got ourself into a mess, but i was only 21 when it all started and was first time living alone and was nieve and stupid, but im paying for that now lol

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hi, Firstly the courts will only imprison somebody who refuses to pay, not someone who is in financial trouble.

You could do with prioritising your debts. Rent, council tax, utiliity bills.tv licence are all priority debt. If you have credit cards,loans and overdrafts, they are low priority and while they'll still need to be paid you can offer lower amounts.

You say you get £220 a week. What about Child tax credits Child benefit and Working tax credits? if you are not getting CTC/WTC then you should be claiming them.

When you claim housing benefit, they would asume you are getting these other benefits based on your income so yes they would reject your claim.

My daughter and son in law have 3 children, bring in about £300 a week and still get HB/CTB(albeit not a lot)

 

Go here Start Calculation

 

This site will work out what you're entitled to

 

good luck

 

fox

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I do not want to raise your hopes but it is important to know that last year approx: 3 MILLION Liability Orders were issued for non payment of council tax and many of these are for people like you who have not paid for a few years.

 

A hearing for an application for committal can only take place at a Magistrates Court and there are ONLY two things that the Magistrates can look at. These are "willful refusal" and "culpable neglect".

 

Our office does have 2 people who have been sent to prison for "wiliful refusal" and in BOTH cases they are part of an action group who refuse to accept that they should pay council tax.

 

In deciding "culpable neglect" a magistrate would look at whether you have for instance taken an expensive holiday or purchased a new car with money that you could have instead used t pay your council tax.

 

It is therefore VITALLY important to ensure that you have a "paper trail" to demonstrate that you have made proposals to pay and that these have been refused.

 

Finally, the court will also want to ENSURE that the council have "looked at all other options" including attachment of earnings, a charge on your property etc" before deciding on committal.

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I do not want to raise your hopes but it is important to know that last year approx: 3 MILLION Liability Orders were issued for non payment of council tax and many of these are for people like you who have not paid for a few years.

 

A hearing for an application for committal can only take place at a Magistrates Court and there are ONLY two things that the Magistrates can look at. These are "willful refusal" and "culpable neglect".

 

Our office does have 2 people who have been sent to prison for "wiliful refusal" and in BOTH cases they are part of an action group who refuse to accept that they should pay council tax.

 

In deciding "culpable neglect" a magistrate would look at whether you have for instance taken an expensive holiday or purchased a new car with money that you could have instead used t pay your council tax.

 

It is therefore VITALLY important to ensure that you have a "paper trail" to demonstrate that you have made proposals to pay and that these have been refused.

 

Finally, the court will also want to ENSURE that the council have "looked at all other options" including attachment of earnings, a charge on your property etc" before deciding on committal.

 

 

Certain councils are now issuing statutory demands for bankruptcy rather than following the above process

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

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court bundles for dummies

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  • 2 years later...

I have just finished a 19 day sentance, in prison, for non payment of council tax! It was not a question of refusing to pay, but due to severe financial burdens, I got into arrears. The magistrate decided I should serve this sentance which may have cost me my job. So now I face being unemployed, with a criminal record and still not being in the position to settle the debt!

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