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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Compliance officer interview for my partner tomorrow at JC, advice anyone?


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My partner is to have an interview at the JC tomorrow by what seems to be a compliance officer reguarding an issue with the benefits (a joint benefits claim by the way) she gets. She has never had 1 of these before or been called in for such an interview so I did a little googling. Seems they are more likely to be doing an interview with reguards to an accusation of benefit fraud than something completly random or innocent?.

 

That in itself is not worrying her as she has done no benefit fraud, no working, fake claims or anything (if that is what they are calling her in over) and done nothing wrong that she can be accused of. But what is concerning her is that this is happening close to xmas and 3 years ago for 2 years running all the bnefits were stopped just before xmas because of those ATOS medicals that found her fit for work when she was not. And she is worried no matter what she says reguardles of what she is being called in for that may just result is a suspended benefit claim because her letter indicates that they have the right to stop her, well our benefits if she does not completly comply with the person at the interview tomorrow.

 

Now the benefit fraud accusation as being a likely reason after researching, we have had issues recently with a neighbour recently where for no reason than we stood upto them have threatened to do whatever it takes to make our lives a misery. So I'd certainly not put it past this person to have made a fake accusation like this just going into xmas just to cause trouble for us.

 

Now assuming this is the reason for her being called in can I assume if thats all it is, an accusation of benefit fraud that they wont freeze or stop the benefits without any proof?.

 

My partners issue is that she is also dyslexic and does not have the best use of grammer or the ability to answer detailed questions as well as most people can. On top of this she is also suffering from stress (pecause of other personal issues) and is concerned about being asked long questions she might not fully understand.

 

Am I right in thinking my partner has the right to have me sit in the interview with her to help keep her calm and ensure she is not going to have her words taken out of context due to not having the ability to propperly answer detailed questions she might not properly understand?. Am I even alowed to help her with answers or information or would I have to stay silent throughout?.

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Are the job centre aware that she's Dyslexic?

 

I'm not to sure, but I'd assume things like that would be on her record anyway as it's something that would affect any past or possable future employment options.

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