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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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      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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Council emergency accommodation arrears from 2003


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Hi,

I have just received a letter from Agilisys Revenue asking me to contact them to update my address details confirming that I stayed at a bed and breakfast.

 

 

i went into B&B with my 3 children in 2001, i was on full HB as i was single parent of 3 school children.

 

I assumed that I didnt owe anything when i was moved to temporary accomodation 2 years later..

.I did have contact from the temp housing services a couple of times over the next few years saying that I owed over £1000 ,

(dont remember exact amount but i questioned it as i was on full HB and was told it was the £30 per week that i received food brought by the letting agent.

 

I then told them i refused the food after 2 weeks as it was of the lowest standard possible .

. from a shop called Kwik Save and their basic range of cereal, bread, sugar, tea bags, and milk which when i went in store at the time and added it up came to about £3.50 ,i refused it and bought my own food.

 

 

I was then told I should have informed them, and i thought the dodgy letting agent should have done this anyway!

 

 

I agreed back in 2007 to pay what i could and i believe they were taking £2 a week from my benefit for about a year but i then needed a loan from social fund to buy a fridge and wardrobe so they couldnt take it anymore as i was paying back the maximum to social fund .

 

Long story short

I moved into permanent housing in 2011 and they last contacted me about 4 yrs ago,

i told them i couldnt pay anything as i didnt have enough money after bills etc were paid and i heard no more until this letter today.

 

 

My question is this,

can they force me to pay this debt as the original amount was from 14 years ago?

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Short answer is NO!

 

Are you still in the same local authority area?

 

DO NOT talk to them over the phone, deal with this in writing ONLY!

 

When did you last pay anything to the local authority?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you Bazooka Boo.

 

 

Yes I'm still under same local authority,

they have always known my address,

 

 

i last paid about 4 or 5 years ago (deducted from my benefit but it was stopped as i had maximum dedustions taken from debt with Thames Water) and never heard anything since.

 

 

I just became debt free for the first time in 14 years or so I thought...until now.

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Have you contacted the LA regarding this, and asked them what is going on??

 

I'd be onto them, if you ring them, ensure you get the call handlers name that you discuss it with, and simply ask them if there is still an outstanding balance, if there is then can they send it 'In Writing' the amount, and you will then send them your proposal of payment.

 

You can easily get their bank details, and set up a standing order to repay what you may owe.

 

If it transpires you don't owe them anything, then demand to know how this company got hold of your details claiming that you owe the LA?

 

IMO this sounds like blanket bombing debtors of the same name, and hoping that someone puts their head above the parapet.

 

Have you checked your credit file to see if theirs anything on there??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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bugger and all they can do....

so what ...

 

 

nothing to do with the council at all...

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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