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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
        • Like

Martin vs CREATION ***WON***


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SAR sent out last week for 2 accounts i have with them, ive paid a fortune in £20 charges with these, time to get my own back! quick question do i add the 8% interest on when im asking for charges back? or do i only add this if it gets to the court stage?

Edited by marts_uk
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The 8% is statutory interest so you can only claim this as part of your court claim. However you may wish to claim contractual interest (the rate of the interest on the card) which you can add when approaching them for the charges back.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

well i sent the SAR to creation on the 1st of December and still no sign of my statements, it has been more than 40 days now. I have just spoken to their customer service and they are saying they havnt received any letter from me, what should i do now?? is there a follow up letter for this?? cheers

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Hi, marts.

 

You'll find one in here...........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Regards.

 

Scott.

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

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

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I'm hoping that aftre you have spent this money that you sent it recorded delivery. If you didn't they will swear black is white that they never got it.

If you did send it recorded, track when it was delivered. Alternatively check with the post office as to when the postal orders were cashed.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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hi i rang the post office and they said that they cant check if the postal order has been cashed, they said i would have to go to the building in cheshire in person to do this? They said i can fill out a p58 form if i think that the postal order has not yet been cashed?

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ive just spoken to creation again and they have taken the reference number from my postal order receipt and gave it to the missing payment department, has anybody had the same thing done to them before?

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arrrggghhhh!! Right the £10 postal order i sent in with my SAR letter has been credited to my account, they really are taking the **** now. So they are either extremely thick or trying to do their best not to send me my statements. Just spoken to a guy from creation now and he actualy seemed a decent person for once, he new what the score was and is trying his best to solve the matter, but he said that they cant find the letter that was in the same envelope as the postal order! Now im having to wait until they have solved the mixup

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Hi,

 

Did you send your SAR recorded post or anything.

 

Regards.

 

Scott.

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

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

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Sound, I'd give them the ten days and see if they come back to you.

 

Regards.

 

Scott.

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

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

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Ive just been on the phone to creation again to see what the score is with my statements. By now they should have received the DPA reminder i sent last week. Dont forget my original letter was sent out on the 1st of december so ive already gave them enough time to send me them. The guy on the phone said somebody is gonig to phone me other the next couple of days to sort it out but this is what they have said to me twice before in the last 14 days or so, so im not expecting a phone call this time, i dont know what to do now, should i give them another week? If so and still no statements what is the next step for me? Do i claim for estimated amount?

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I would keep them as seperate accounts for your preliminary letter but just send the one letter with both of them on it with the individual amounts claimed for each account and then state a total amount claimed (by adding the two together). Include the spreadsheets for each account.

 

If you have to file at court you can combine them so that you just have one claim to file as they are both creation accounts.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I received a reply to my preliminary letter this morning. It simply says that they are investigating the matter fully and will contact me with their findings within the next 20 working days.

 

Is this the standard reply from creation? cheers

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Hi,

 

It's the standard reply from them all, stick to your timetable.

 

Regards.

 

Scott.

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

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

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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As Scott says, stick to your timetable - not theirs. If you don't they'll just continually mess you about and probably never get anything back.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 weeks later...
  • 2 weeks later...

I sent my LBA on the 17th recorded delivery and the only reply i have had so far is a letter saying that i have informed them that i am having difficulty in making payments on my account and that a financial statement has been sent to me for me to complete. Why have they completely ignored the letter? Don't they read them properly!!

 

I HATE creation, has anybody WON their money back yet from creation as i am finding them very hard to deal with. I have decided to give them until the 6th march to respond properly to my LBA, then i start the court process

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Hi to my surprise i had an offer this morning from creation! They have offered the difference between the charge and £12 plus interest, this totals £1099.85 but my original claim for both accounts was £1647 plus £336 in interest. They said they have credited the money onto my accounts, this now means that one account has been cleared and the other has around £200 left.

 

Should i reject this offer and claim the full amount??? cheers

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Hi,

 

Tell them you'll take that as 'part payment' and continue to claim for the remainder, here's the letters...........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers-j.html

 

If they are offering you that, you will get the lot.

 

 

Regards.

 

Scott

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

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

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Received a final letter this morning saying they will refund all charges, so thats my debt with them cleared and a few extra quid in my pocket :D. Cheers for the help guys1! now onto my next claim :)

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Wow that was easy. Good for you :D

 

 

fox

  • Haha 1

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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