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    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Getting DLA now - what else can i claim?


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i have a special needs daughter that was statemented all through her schooling and college life.

she is now approaching 21yrs old this xmas

 

after no financial help whatsoever [nothing for 20yrs!] eventually last year i managed to get DLA [on the unattended travel bit] for her.

 

does this open up any other doors?

she is not, nor has, ever been in work.

not signing nor nothing.

 

thoughts please [rent? ctax? relief?]

 

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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ESA perhaps but her's would have to be the "Income Based" type.

Employment and Support Allowance : Directgov - Disabled people

 

Re. CTB and HB/LHA it depends on if she lives with you or not.

 

There are some on-line benefits calculators available and an ESA form for those who want to see what's involved, see below.

(permalink)

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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i have a special needs daughter that was statemented all through her schooling and college life.

she is now approaching 21yrs old this xmas

 

after no financial help whatsoever [nothing for 20yrs!] eventually last year i managed to get DLA [on the unattended travel bit] for her.

 

does this open up any other doors?

she is not, nor has, ever been in work.

not signing nor nothing.

 

thoughts please [rent? ctax? relief?]

 

DX

Can you clarify what rate of DLA?

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ESA perhaps but her's would have to be the "Income Based" type.

Employment and Support Allowance : Directgov - Disabled people

 

Re. CTB and HB/LHA it depends on if she lives with you or not.

 

There are some on-line benefits calculators available and an ESA form for those who want to see what's involved, see below.

(permalink)

 

It does sound like it's worth applying for ESA, but it may not have to be income-related. ESA Youth, or ESA(Y) could be available to a person who has, effectively, never had the chance to make the required NI contributions because their disability has prevented them from working for a significant part of their adult lives.

 

I should make it clear to the OP - ESA does not depend on an award of DLA. Plenty of recipients of ESA don't get any rate of DLA at all. But if ESA were to be awarded, an award of DLA at the middle or higher rate care component may increase the amount of ESA due.

 

ESA is paid to people who have limited capability for work (or no capability at all) because of an illness or disability. It sounds like it is certainly worth your daughter making an application.

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As asked above, what rates is she getting for both elements of DLA?

 

Does she live with you or independently, or in assisted accommodation?

 

If with you, do you/your partner work FT or does someone care for daughter for more than 35 hrs a week?

 

As yu can see there are a lot of variations, but some of the possibilities for her or her carers are:

 

Housing and/or council tax benefit: a disability premium can be substantial for a rebate. We paid council tax for years without realising that we were entitled to 100% rebate due to disabled child. We're homeowners so don't get HB, but that can also reduce rent liability if tenant.

 

Carer's Allowance if the carer cares for the disabled person for more than 35 hours a week and earns less than a certain amount (about £90/week). CA is only about £55 a week, but every little bit helps. It is however a taxable benefit and so can affect other benefits.

 

More info on which rates she's getting will help in determining what other benefits may be available.

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My G'Daughter has Aspergers and gets free bus travel for herself [and any carer over the age of 16 who travels with her]
Good point middenmess, I think all LA's have similar free bus travel schemes, round my way DLA middle or high rate means you are eligible.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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ok great info you lot.

 

i'll dig out the paperwork tomorrow.

 

just to muddy the waters somewhat.......

 

i am living down south on my own, in rented council house, the family are all in scotland at the mortgaged family owed business, i sadly failed to secure early retirement due to the financial climate and still work ft. my daughter is not with me.

 

she is not disabled in the physical nor mental state, just suffered her first 3yrs not being able to hear, so is about 5-7yrs behind her expected educational expectations.

 

keep the ideas and info coming.

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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Share on other sites

My deaf son (from birth) receives SDA topped up with IS. Also DLA top rate care and top rate mobility (cannot travel independantly) not just deaf other conditions aswell.

Do not no if SDA is going to same way as IB.

 

:)

 

 

dk

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