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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My experience with Metro Bank over the last few months


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Hello,

 

It's been a while since this section of the forums was updated, so I thought I'd post my experiences of Metro Bank while using their current account as a main account. I opened my account early this year and made the switch in August by getting all of my direct debits, standing orders and salary switched. I used their in-house switching service.

 

I had problems from the start. My salary didn't get switched over and some Direct Debits were missed.

 

I pressed ahead regardless and got my salary paid into my account.

 

I then proceeded to register my account and debit card at various providers. 70% were fine, however I hit issues with PayPal, Tastecard, Zipcar, Capital One, Barclays Cycle Hire, Vanquis and Thames Water. They all still refuse to accept my debit card.

 

Then there was issues surrounding direct debits. The bank has refused to acknowledge that I have sent in 4 mandates for Capital One, 2 for Vanquis and 2 for GLL (Nuffield Health). Also, O2 couldn't add my bank details and neither could my local council.

 

Finally, the amount of computer system outages has increased recently. I cannot send payments occasionally and when they are sent, they are not using the Faster Payments Service (yet). I have trouble creating Payees on their online system from time to time.

 

I persisted for a little while, until it caused me to miss payments on the credit card and I got charged. At this point I'd had enough and decided to switch back to my old bank account.

 

In summary, the bank isn't ready. Its customer service is quite sloppy and doesn't offer adequate solutions ("Direct Debits can't be refused by us!") They are promising but they are simply not cutting it at the moment. I hope that they improve in the future.

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  • 2 months later...

Hello,

 

After complaining to the address I was given above, I was promised a phone call - it never came. I pursued to switch back to my old bank and a few days later, I received an apology letter that included a £50 credit to my account.

 

There were also some explanations as to why things had been going wrong: notably, their systems are not recognised by some companies hence their bank and card details fail.

 

In regards to Direct Debits, there was no answer to my specific problem. Needless to say, upon returning to my prior bank, I haven't had a single problem.

 

I managed to get my credit card charges refunded by the card companies themselves, but having to send payments in advance to cover payments was highly annoying. As I had missed a council tax payment, I ended up paying £35 per month extra to cover that lost month.

 

In summary, I thought I'd miss the 8am til 8pm service, but I don't. Coupled with all the other issues, their bank is no different than the main players - they all have issues with different things (my current bank wouldn't change a loan payment date for example!)

 

I hope this helps you.

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  • 1 year later...
  • 1 year later...

thread closed

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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