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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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    • 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.

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      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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I think the informative/highly authoritative comment is only an indicator of how many useful/helpful posts have been made by that particular person.

 

If you hovver over mine there's a lot of highly informative. This hovvering has opened up a whole new world for me:-D

 

Can you expand CB

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If you hovver over mine there's a lot of highly informative. This hovvering has opened up a whole new world for me:-D

 

Can you expand CB

 

I think you might need to find a new hobby !!

 

In answer to your question, the answer is no, I cant .. :lol:

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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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Advice & opinions given by Caro 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.

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I refer to post 53 on the above link

 

 

Wow! So much info. Honeybee highly informative. Red blobs now enter the conversation:madgrin: There's also light and dark green blobs.

 

 

 

Maybe you can explain Caro how the informative/authoritative system works.

 

It seems the more blobs the giver has, the higher rep/points the person receiving receives. That has answered a lot of questions if my understanding is correct.

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I don't ever recall there being scales - it has always been a star.

 

There were deffo scales, I remember people having in their sig's...If I've been helpful please click my scales, I've a feeling some still have :)

Any advice I give is honest and in good faith.:)

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Thank you, teach me only reading the last few posts is no always the way to go.

 

I'll catch up shortly :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Maybe you can explain Caro how the informative/authoritative system works.

.

 

Page 1 of the thread I linked earlier may explain.

 

I'm sure this has been discussed many times before but it's not something I pay attention to tbh.

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Yes you're right Caro, the link was highly informative, especially Honeybee's explanation. Just to repeat my reply post 54, the more green blobs the giver has the higher the rep the receiver gets.

 

Now back to a new hobby, I've been looking at this wild swimming. Not that brave with cold water so I would wear a wet suit.

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....

... Not that brave with cold water so I would wear a wet suit.

 

a dry suit wld be better then? :)

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a dry suit wld be better then? :)

 

Not after you have peed in it !

 

Problem with a dry suit on a long swim is that you will want to pee and it will be too late by the time you have got the suit off. They are more tight fitting than a wet suit from what I remember.

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Not after you have peed in it !

 

...

 

 

then it wld become an (instant warm) wet suit, all the better :)

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I hovvered over you Caro and it says you have disabled your rep. Does that mean you don't rep or you don't accept rep or both. Just when I thought I'd got it sorted, to a degree.

 

Nearly moved on to wild swimming

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....there's also the birthday suit ..../[/url]

 

 

go for it, take the cold, and enjoy things au naturel :)

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I hovvered over you Caro and it says you have disabled your rep. Does that mean you don't rep or you don't accept rep or both. Just when I thought I'd got it sorted, to a degree.

 

Nearly moved on to wild swimming

 

I can give and receive rep but I see little merit in the system if blobs prefer not to have it on. I've been in cag forever but wouldn't say I'm an authority but it's nice when people thank me for whatever reason so am almost sure to have lots of blobs. Then again there are those who give rep for no other reason than to get someone to do the same to them so they get more blobs, but it doesn't make them any more knowledgeable and makes a farce of it. I therefore disabled it. I believe that if I give rep it still adds to others points but I may be wrong. Tbh I never gave it any thought.

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Give wild swimming a thought Caro?

 

CD I've noticed urs have multiplied:-D It's like buses

 

I'll stick to swimming at the gym in a heated pool, and no shopping trolleys, bugs or pollution caused by who knows what thanks!

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........, bugs or pollution caused by who knows what thanks!

 

bird, rat, vowl, etc poo/wee. thames tummy bug, sewer works, etc

genuine q - which wld be worse, a river as such, or a public pool with human poo/wee, snot, etc subject to chlorine?

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Pool with chlorine better every time! Did you see how ill David Walliams was when he swam the Thames? The pool I go to Is quite small so doesn't get lots of peeps in it.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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OH got nasty horsefly bite that got infected just paddling in local river with pooch.

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Advice & opinions given by Caro 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.

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