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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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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hi

 

i am in need of desperate help as i have got home tonight to find a notice of seizure

 

nearly two years ago my i parked up my car on a street (my partner was with me at the time) behind another car, put my handbrake on and turned off the engine - there was probably about five feet between the cars - the car in front then started its engine, the reverse light came on and it started to reverse, my partner said " he isnt going to stop" and no sooner had he said that, the car reversed into the front of ours.

the driver got out, instantly inspected his car (there was minor damage) and turned to me and said " did you not see me parked there!" - i replied to him that we were already parked up before he started his engine and he wouldnt have any of it, despite the fact i had a witness to what he had done. we exchanged names, numbers and addresses.

 

he then rang me later on still insisting that i had run into him and he was contacting his insurance, my dilema at the time is that my insurance had lapsed as my partner was out of work and we living a hand to mouth existence. I did not tell the other driver this at any one time.

 

a few months later i received a visitor from his insurance company to clarify details etc and he saw the front end damage on my car and asked why i had not responded to any correspondence they had sent, i replied that as i was not at fault and he had lied to his insurance company about his claim i was having nothing to do with it as i wasnt at fault.

 

i fully admit to burying my head in the sand about all of this and should have come clean at the time but the thought of going to court and admitting that i wasnt insured was petrifying.

 

i realise now that i am going to have to seek legal advice and come clean but how do i stop them from taking goods from my property because the other driver in question has made a false claim on his insurance and lied through his back teeth to them?

 

i havnt told my partner about any of this as at the time he was gong through an absolute nightmare and i dint want to pile any more pressure on him.

 

please help me i am at my wits end

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Is this seizure of the vehicle for it being uninsured or

bailiffs collecting for fines, or a CCJ?

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hi BRIGADIER2JCS

 

am certain i havnt had a letter saying this was going to court so not sure if its a ccj - the letter states it is for judgement debt etc, so i take it from this that it has gone to court, but i have no recollection of ever receiving a letter telling me this?

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It looks like the "other party" has obtained a default judgment against you, were you aware of any court letters at all?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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the notice of seizure is from the sherrifs office in croydon

 

In that case not only do you have a CCJ against you but it has now been transferred to the High Court for enforcement and initially will have been for more than £600, the person leaving the notice will have been a High Court Enforcement Officer. Do you have a sheet of paper with lots of writing on it?

 

PT

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Check the Trustonline site it should give you details.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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hi

i have three sheets of paper with lots of writing on them, i think there should have been more as it jumps points, but unfortunately my flamin dog went on a bender before i got home and i came home to find he had destroyed a pack of loo roll i had stupidly left in the hall but there was no signs of any other pieces of paper only these so i can only presume he has eaten them along with a good quantity of loo roll! of all the days he had to have a hissy fit today takes the biscuit! :(

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On one of these sheets it may say words similar to:

 

High Court Form No 55 - Notice of Seizure

High Court Claim No: xxxxxxxxx

County Court Claim No: zzzzzzzzzzzzzz

Sent from ABCD County Court by Cerificate dated: 31/02/2199

Claimant: XYZ

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hi plodderton

 

yes the dog managed not to eat that one

 

That is the important one. Any chance of resurrecting it? I believe the Brigadier has made a suggestion as to where to look for further info if you can't.

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