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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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      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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What happens when you get to court - by Old-CodJA


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I'll try to be brief then:

 

You say that your case has already been adjourned to trial today and that you will not be legally represented by a lawyer

 

Assuming you have been given a hearing time of 10 a.m. you should be there before 09.45 at the very latest

 

When you are called into Court you will be asked to take an oath , or affirm to tell the truth and confirm your name and address. Then you will be asked to re-confirm your plea. If you have changed your mind about your plea, that is the time to tell the Court

 

Next, the prosecutor will call the rail company's first witness, usually the inspector that reported you and the prosecutor will ask that witness to tell the Court what happened, how your alleged offence was detected and expand on the statement s/he has given by explaining things in more detail as required.

 

When the prosecutor has finished, you will have an opportunity to cross-examine (question) that witness to draw out any inconsistencies in his/her story.

 

After you have finished the prosecutor gets a further chance to re-examine the witness.

 

That process is repeated with each of the prosecution witnesess. In my experience that is unlikely to be more than 2, but more are possible. At any time during all of this procedure, the Magistrates, or their Legal Advisor may interrupt proceedings with questions of their own. The prosecutor will summarise the case against you and may remind the Magistrates of the legislation under which the charge has been laid.

 

Once all the prosecution witnesses have been heard and finished with, it will be your turn to either call any witnesses you have, or go into the witness box yourself and to give your version of events on oath.

 

If you choose not to go into the witness box so as to avoid being questioned by the prosecutor, the Magistrates will be entitled to draw any conclusion they wish from your silence on the matter.

 

The process of questioning the defence witnesses is conduted exactly as the prosecutor's procedure, but if you are not professionally represented, you will lead the questioning of each witness. The Court Legal Advisor will guide you through the process but cannot conduct the case for you

 

When you have finished with your witnesses or, have finished telling your side of the story the prosecutor will be entitled to question you and again, at any time during the process you can expect to be questioned by the Magistrates or their Legal Advisor.

 

Once all this is done the Magistrates will usually rise to consider their verdict and may be out of Court for some time. Once they are all agreed they will come back into Court and tell you their decision and explain why they have arrived at that decision.

 

It is impossible to predict accurately how long this will take. If your case starts on time (which it may not) and there is only one witness for the prosecution, I expect it will take around 45 minutes to an hour. As a very rough guide, you can add 15 -20 minutes for each additional witness.

 

Hope that helps.

 

.

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This post has been made a sticky in order to help others who might be facing the daunting visit to a court room :)

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Yes, the original query was about the trial procedure.

 

If you are attending Court on a Summons for the very first hearing this will proceed as follows:

 

If you wish to plead 'guilty' you may either attend Court and respond personally, or do so by post and can send any written explanation to go with your signed plea form and statement of means (earnings and expenditure)

 

If you are attending (always a good idea) You should still arrive in good time before the scheduled time on the Summons.

 

When you are called into Court you will be asked to state your full name, date of birth and address.

 

The Legal Advisor will then read the charge to you as written on the Summons and ask whether you plead guilty or not guilty.

 

If you plead not guilty the case will be adjourned for trial and the process explained earlier will apply.

 

If you plead guilty, the prosecutor will then give the details of the offence and a summary of what happend from the inspectors report. S/he may read the whole statement if necessary.

 

Then you will be asked if you have anything further to say. If you accept that you are guilty of the offence and don't deny anything about it, then it is a good idea to apologise to the Court and the rail company.

 

The Magistrates will consider their verdict and you will be told their decision. They may go out of Court for a few minutes, but in many cases where a guilty plea is entered, they will make their decision without leaving the bench.

 

If a financial penalty is imposed, it is due to the Court there and then and if you cannot make payment immediately you will need to ask for time to pay. Do make a sensible and affordable offer. Very low and what might be termed derisory offers are sometimes made and this tends to lose any sympathy the Magistrates might have had.

 

If you have pleaded guilty by letter, the Court will write to you very soon adfter the hearing to tell you how much you must pay and that is due straight away. If you cannot pay, you must contact the Court to make arrangments to clear the sum due.

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  • 2 months later...

All posts made by ros123 and any responses have either been unapproved or moved to a thread dedicated to ros123's problem. Sorry for anyone who got cagbotted.

 

Link to ros123 thread is .. http://www.consumeractiongroup.co.uk/forum/showthread.php?321198-ros123-query-for-Old-CoDja-please

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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