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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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NDR Money Debt from Very and Littlewoods


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Hi all,

 

New to the forum but requiring some help urgently.

 

Ok, me and my partner decided to move in together (approx April/May 2010) as we found out she was pregnant. All my bills started to fall behind as our wages weren't enough to keep a household going, look after her 2 year old daughter, pay rent, buy baby clothes for when the new baby comes, pay utility bills etc.

 

I had £1000 coming in and £700 going out just on rent and Council Tax - to give you an idea of how tight things became. My girlfriend only worked 16 hours a week but the wage wasn't great.

 

Anyway, on Christmas Eve i had 2 letters turn up from NDR Money debt collectors. One amount for £1100 from Littlewoods and the other amount of £700 from Very.

 

Unfortunately i have no way of paying the debt unless it is around probably £2 a week - which they'd laugh at. Money is far too tight, even more so now my partner has gone on to maternity leave.

 

I did ring Littlewoods and Very in the summer of 2010 and ask for a payment plan, they accepted. Littlewoods reduced my payments from £110 to £82 every 21 days. That was just a kick in the teeth. I paid it the first couple of months but gave up after that due to finances and now i'm in the position i'm in.

 

What's my best plan now? If possible, a list of things to do would be great along with copies of any letters i need to send.

 

I started my own thread after reading lots of posts about what to do in other people's cases but really wanted to get things right and sorted for the new year and for when our baby is here.

 

Any help would be mega appreciated.

 

PS. Don't bother giving me the old lecture on how i should pay the debt as it's mine and i shouldn't have got into the debt in the first place and this, that and the other because believe me, i've been doing it for the last few months of 2010 and it's not got me anywhere! Sorry for the massive post.

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Hi lessen

 

Happy New Year and welcome to CAG

 

No one is here to judge you, all be it for different reasons we're all in the same boat

 

Here's a link to the CAB I & E form . .

 

http://www.adviceguide.org.uk/d_budget_sheet.pdf

 

Fill it in and get a good idea of exactly where you stand and if it comes down to the fact that without leaving yourselves in financial hardship you can only offer very small token payments there really is bugga all a the DCA's can do

 

DCA's love to huff/puff and threaten but that's about it and if you've offered and make payments based on your circumstances should they get greedy and go to Court (long way off yet) the Judge will not take their actions too kindly

 

Get the figure work done and go from there BUT do not talk to them over the phone do everything in writing as that way they can't go back on agreements made, there's a great letter that some of the really experienced caggers know of re working out how much you can aford and I'm pretty sure that someone post it for you

 

You're in charge not them

 

Regards and good luck

 

R

 

ps . . I'm of the "Do not" send anyone your I & E club but as in any discussion others disagree . . it's up to you to decide

Edited by Revenant
  • Haha 2

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi all,

 

PS. Don't bother giving me the old lecture on how i should pay the debt as it's mine and i shouldn't have got into the debt in the first place and this, that and the other because believe me, i've been doing it for the last few months of 2010 and it's not got me anywhere! Sorry for the massive post.

 

In all my years on this forum I've yet to see anyone other than the odd DCA troll who soon gets found out state the comments above.

 

People get into debt through various reasons and nobody should be judged, the fact you have mentioned repaying it shows you are not trying to wriggle out of anything or get a free ride so to speak.

 

Right onto the serious stuff.... you really do need to do a proper I&E so you can see exactly how much money you will have at the end of the month. Your creditors can whinge/moan and basically write letters/phone but if you aint got the money you cant pay it back...simples!

 

Ensure you are covering all your priority debts first and then we can look at what you can AFFORD to pay these people, not what they want I'm sure but tough on them, they have to take the bad with the good in this climate I'm afraid.

 

The downside of course is that your credit rating will take a massive hit for some time and you will get lots of post and phone calls but at the end of the day without taking you to court its all hot air.

 

The links in my signature detail how to deal with debt and this broadly follows the nationaldebt helpline's advice.

 

S.

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Thanks for both your quick replies.

 

I'll fill out the I&E sheet for my own reference but would it help for you to see it too?

 

I'm glad it's not a judgemental site as to be honest, i never meant to get into debt troubles but life changes in a flash.

 

Why wouldn't you do the I&E sheet?

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Thanks for both your quick replies.

 

You're welcome

 

I'll fill out the I&E sheet for my own reference but would it help for you to see it too?

 

Only a Court/Judge has a legal right to see your I & E so the general opinion is keep them to yourself and don't send them to a DCA

 

I'm glad it's not a judgemental site as to be honest, i never meant to get into debt troubles but life changes in a flash.

 

If the odd person preaches there's a good chance thet have some kind of vested interest in the Debt Collection Industry (A Troll) the average cagger has been there and either has or is coming out the other side

 

Why wouldn't you do the I&E sheet?

 

As above

 

 

Once you've worked things out if it means offering £1 so be it, you three are more important than those chasing you

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Even when these companies and I have good experience with NDR spouting threats they never carried out, a lot of threats, but they gave up when I politely insisted they except £1.00 a month and if you still insist on court, go for it. I have been reassured a judge will only take what can afford and do you think that will be more than £1.00 in my case.

 

They funny enough rather than take the £1.00 dropped the case back to original creditor and Ive not been stressed since. I recorded there calls so can prove I offered an ammount and it was them who left it. But you could with income and expenditure offer the 1.00 in writing and remind them they are not a priority debt so please accept and stop any interest that may be acruing if it is.

 

Dont be silly like I was and listen to their baseless threats on the phone as much as you say switch off from it, it does cause stress so best to always write.

 

Good luck.

Edited by watchinginvestigation2010
my terrible speling
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Thanks for both your quick replies.

 

I'll fill out the I&E sheet for my own reference but would it help for you to see it too?

 

I'm glad it's not a judgemental site as to be honest, i never meant to get into debt troubles but life changes in a flash.

 

Why wouldn't you do the I&E sheet?

 

If you read through the blog entries in my signature you'll see that an I&E CAN be a good weapon against a DCA but whatever you decide knowledge is power so to speak so read them and then understand what can be done.

 

S.

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I've just done the I&E sheet including mine and my partners details. We literally have £213 to live off once all bills are paid.

 

This doesn't include a monthly agreement with: Landlord (incorrect rent paid by housing benefit), Income Support (overpaid my girlfriend £700 3 years ago and want it back), Council Tax (couldn't pay it due to tax credits not being sorted for 8 weeks or more when i first moved in - my girlfriend wasn't receiving any benefits at this point and we couldn't afford to pay it even with our wages). All of which we are aware of but have agreed with each that we won't pay anything until we are back on top.

 

What is the best thing to do about NDR then? I've heard about 'unenforceable' debt with them.

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What is the best thing to do about NDR then? I've heard about 'unenforceable' debt with them.

 

Ok, imho the unenforceability angle has been put to bed by some recent rulings in the courts in so far as claimants are concerned, unless you suffered some real predujice by these technical breaches if they existed.

 

This is a self help site so people will assist but not spoon feed the answers, only you know your true situation and the consequences to yourself.

 

S.

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This doesn't include a monthly agreement with: Landlord (incorrect rent paid by housing benefit), Income Support (overpaid my girlfriend £700 3 years ago and want it back), Council Tax (couldn't pay it due to tax credits not being sorted for 8 weeks or more when i first moved in - my girlfriend wasn't receiving any benefits at this point and we couldn't afford to pay it even with our wages). All of which we are aware of but have agreed with each that we won't pay anything until we are back on top.

 

These are priority debts and should be included in your I&E, if you are to repay NDR then these need to be taken into account prior to paying NDR anything imo. Do you have solid agreements in place with these creditors to hold off payments for a set time or is it an informal arrangement?

 

S.

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To find out if enforceable you need to request a true copy of the credit agreements and enclose a £1.00 postal order. If you go to the template section of the site you will find the cca request template. I am terrible at links so another poster might post it up later, but they have to reply within certain time.

 

Age of account when catalogue matters as well as a lot of the older accounts didnt have the credit agreements done properly and therefore unenforceable, again read the links related to the shadow, will help you.

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