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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Car Insurance on Private Property


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Yes you do!

 

Without going into legal specifics, the general rule of thumb is you need Road Traffic Act cover (Similar to Third Party Only) if the area where you're driving is accessible to other members of the public.

 

So a private farm that has a long access road used by the postman in his van having to deliver the mail, then you would need to ensure that your vehicle is insured if it used here.

 

The large privately owned car behind the factory, that has an access route to a unit at the back, then you would need to ensure that your vehicle is insured if it used here.

 

There are always exceptions, but...

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A vehicle used on a road or public place is required to be covered by insurance, section 143 RTA 1988. If it is private and neither a road (within the meaning of the act - which generally means a public road) or public place, s. 143 doesn't apply.

Edited by Raykay
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i think also that if it is a gated, you do not need it .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just becareful on this gated bit.

it's NOT the old wives tales of 'it must be closed one day per calender year' [that applies to some private roads], it must be a perm closed gate, only opened for access then closed again.

 

there is an old thread somewhere on it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The trouble is who would be stilly NOT to have insurance? Never mind the damage to other vehicles (Third Party) what about is someone decides to lob a hammer over a wall or a slate falls off a nearby roof? You could claim n your own policy, but not if there was no cover if force.

 

I have a vehicle that is SORNED, but I still have it covered for 'off road' in case the garage is broken into - no cover is not an option.

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So a private farm that has a long access road used by the postman in his van having to deliver the mail, then you would need to ensure that your vehicle is insured if it used here.

 

This specific instance does not make the driveway a public place within the RTA.

 

Many farm vehicles are never, taxed or insured (think combines and tractors) and can be driven by anybody of any age. I was 12 when I started driving the Land Rover on the farm.

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  • 1 year later...

I telephoned the DVLA to clear this up. A new law has just been passed through parliament that has not yet been activated. However, I was advised that persons should act on it anyway to avoid being caught out.

If your vehicle is on private property and taxed it must now also be insured. Previously you could have a taxed car on your property without it getting sorned.

 

Now, if it is taxed you must return the tax disc for refund and SORN your vehicle until you wish to re-insure it.

 

If it is not taxed or insured it has to be SORNED.

 

Hope this helps. Best wishes. Etta:-)

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Now, if it is taxed you must return the tax disc for refund and SORN your vehicle until you wish to re-insure it.

 

If it is not taxed or insured it has to be SORNED.

 

Hope this helps. Best wishes. Etta:-)

 

..and there lies the first problem...

 

If you wish to surrender a tax disk it is only refunded in whole months. So lets say I have a car taxed and insured, but insurance runs out on the 10th of the month. I don't wish to re-insure it because it is off road and I don't intend driving it for another 4 or 5 weeks.. If I SORN it I will loose 20 days tax, (and have to wait upto 6 weeks for the DVLA to send my refund). But if I don't SORN it I have to pay for insurance that I don't need for a month or more. On an insurance policy of say £500 per year, that will cost me 40 odd quid for something I don't need.

 

There are all sorts of other complications with this law, that in essence, appears to be have been designed purely as another motorists stealth tax. Remember, when they introduced SORN, the ministers involved specifically stated it was designed to "catch repeat offenders and criminals" yet has mainly turned into an instant fine against "innocent" or forgetful people that had no intention of breaking the law but get caught anyway.

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I fully agree. That is how I came to be on this forum, searching for that info. I am disabled. My car needs work done on it and is off the road for three weeks. I have had to go and re-insure it today simply for the pleasure of placing my car, on my own drive, with tax.

 

It's riduculous. I could have sent my tax disc in but it is such a rigmarole getting fresh disabled tax disc and do we think the DVLA have the tax department up too date. Bet you they haven't and I can see all sorts of problems with this.

 

I think the Insurance should have a clause that states if you inform them the car is off the road, and the periods of time it will be there, the insurance should revert to a private propery parking insurance and carry the relevant deduction in payments for that time. Would that happen? Never!!

 

I think it's 'clobber the motorist' year. Etta:-)

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  • 2 months later...
I fully agree. That is how I came to be on this forum, searching for that info. I am disabled. My car needs work done on it and is off the road for three weeks. I have had to go and re-insure it today simply for the pleasure of placing my car, on my own drive, with tax.

 

It's riduculous. I could have sent my tax disc in but it is such a rigmarole getting fresh disabled tax disc and do we think the DVLA have the tax department up too date. Bet you they haven't and I can see all sorts of problems with this.

 

I think the Insurance should have a clause that states if you inform them the car is off the road, and the periods of time it will be there, the insurance should revert to a private propery parking insurance and carry the relevant deduction in payments for that time. Would that happen? Never!!

 

I think it's 'clobber the motorist' year. Etta:-)

 

I totally agree with you on that one as I have suffered from having to pay tax and insurance on THREE cars that I could not drive!:-x Car number one was hit (clipped) by an uninsured forty ton lorry. Once the spare wheel was fitted it was sort-of drive-able but the police slapped a Prohibition Notice on it so it had to be transported by lorry to my home address. As it was parked in the lane it had to be kept taxed and insured yet it was illegal to drive it until it was repaired! A spare car was got out of mothballs but the discs had rusted, did that, got it a fresh MOT and tax then two weeks later Saturday night vandals put a plank through the windscreen!:-x Fixed that but six months later the gearbox shredded - back into mothballs.:-( I then bought a Rover 820i, a twin-cam 16 valve jobbie with a TIMING BELT duh! I knew that I was risking it with no service history but winter was coming and the cold dark nights were drawing in. The plan was to leave the belt job until spring when the clocks went forward and the better weather came. Sadly the belt didn't last that long, it failed in Southsea 180 miles from home.:-( At this point I discovered that my "Full breakdown recovery" must have been an introductory offer that reverted to a tow of up to 20 miles at renewal. To get the car home would be £456 the RAC said! I left the car in Southsea and got home by bus and train. (now paying tax and insurance on TWO dead cars) As car number one, a Rover 800 turbo-diesel was taking a long time to repair it seemed to be a good idea to buy a 4x4 to round up all my eBay stuff and rescue the twin-cam. A Land Rover Discovery 300Tdi was bought, OK it had tax ready on it but I still had to insure it and the "No No Claims Bonus on the third car" rule applied! £s£s£s. The Disco lasted three whole days, first a universal joint played up at fifty miles but much more seriously it boiled-up once the Devon hills were reached and only just made it to North Cornwall. The head gasket has blown because the radiator was devoid of its cooling fins. At this point I was paying tax and insurance on THREE DEAD CARS! I've since repaired the Rover 800 turbo-diesel and its been doing the work that the 4x4 was bought for, so now I'm only wasting tax and insurance on two dead cars. It really is a disgusting money-grabbing system that the government has put in place - and don't forget that they get Insurance Premium Tax as well as road tax! I do think that there ought to be a vehicle-out-of-service insurance rate as being stung for insurance on non-runners just isn't fair:-x Oh by the way the Land Rover Discovery 300Tdi is infamous for boiling over and blowing head gaskets unless the radiator is new or as new. The excellent Land Rover agents at Whitstone said that lots of people replace cylinder heads and head gaskets but unless a NEW radiator is fitted the engine will blow again. Yup I'll agree with that!:roll: Look on the bright side - the government NEEDS the money!:|

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I had a quick look at the link and the "uninsured driving" bit is the biggest load of bol@cks that I've read for quite some time. IT IS NOT ABOUT UNINSURED DRIVING AT ALL its about getting money in. When did you ever read of of a "joyrider" being fined for driving without insurance? Oh never? I did hear of a Plymouth joyrider who already had a three month suspended sentence when he went joyriding again. Allegedly he ran red lights and exceeded the speed limit whilst trying to evade the police (60 in a 30 limit not 32!) Of course with the roads in Plymouth being somewhat congested he was soon stuck in a traffic jam and he was then arrested. In court the beak said that the crime was "really serious" so he increased the villains three month suspended sentence to a six month suspended sentence! In effect the joyrider was let off and allegedly he was later seen laughing outside the court. Absolutely disgusting when decent people get the full force of the law (fines and points) for the slightest misdemeanour's such as parking or being a couple of miles an hour over the limit. The problem of course is that the system cannot put points on a non-existent driving licence and nor can it fine drug addicts who have spent their last brass farthing on drugs. Locking these people up costs money so the system makes do with giving out Police Cautions or Suspended Sentences neither of which cost anything. Duh!

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the general rule is if members of the pubic have access to were you intend to park then yes

 

for example if the local landlord of the pub says you can leave it on his car park then yes because other members of the public use it. you can be prosecuted for drink driving private car parks

 

as for farms thats different. if he had a farm shop the farmer normally has a small car park. the rest of the farm is off limits so its ok to ride quad bikes uninsured cars etc

:???: what me. never heard of you never had a debt with you.
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When did you ever read of of a "joyrider" being fined for driving without insurance? Oh never?

 

 

A 21-YEAR-OLD joyrider who took a double-decker bus on a terrifying journey around Amesbury, which ended up on YouTube, has been jailed for six months.

Sam David Hobson, of Lyndhurst Road, Amesbury, was sentenced at Salisbury Crown Court today for aggravated vehicle taking, driving while disqualified and driving without insurance and other than in accordance with a licence.

 

http://www.salisburyjournal.co.uk/news/8678155.Amesbury_bus_joyrider_jailed_for_six_months/

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The problem of course is that the system cannot put points on a non-existent driving licence and nor can it fine drug addicts who have spent their last brass farthing on drugs.

 

Complete rubbish you can get points if you don't have a licence and can get banned without ever holding a licence and being a drug addict has nothing to do with the topic at all most drug addicts don't drive and rarely steal cars I think you have been reading the Daily Mail a bit too much!!

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nothing happens to people who have no insurance.

 

tell this to the people who have had their cars seized and made to walk home with their fixed penalty notice of £200 and 6 points on their licence.

 

oh and if they have no licence they still get banned and penalty points. when they apply for their licence they do have points on and if they recieved a ban one will be issued until the ban has expired.

 

a drug addict has an addiction. treatment is the answer

:???: what me. never heard of you never had a debt with you.
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