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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Is the bank taking your Benefits ?


MARTIN3030
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There have been several reported cases of Banks taking charges from accounts that have benefits paid into them by DWP and Social security.thus leaving them with little or no money.

Here is a template letter to take or send to the bank to address this.

It is important to let the bank have this BEFORE you expect to have funds paid in by DWP or the Inland revenue.

A new letter should be sent for each payment that you expect to be protected,customise as required by adding the benefit/type of payment.

 

 

 

 

RIGHT OF APPROPRIATION

 

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes;

Rent £xx

Utilities bills £xx

Housekeeping money £xx

I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

 

Yours faithfully,

 

[signature]

 

[print name)

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Likewise a good reference from you.

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I would expect this to apply to that too yes.

Its not specifically for benefits.....the nature of the letter is to let the bank know that you need the money for essentials......this would be regardless of where the money is from.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin

 

Would you read it that it can be any source of income not only benefits ??

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Whoops, crossed in the post

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 2 weeks later...

Hi. This is BRILLIANT ....BUT....will it work??....and similar to myself with our Bank.. they have taken nearly all our Benefits that are payed into this account directly as charges.....can I claim this back with a little amendment to your letter......They have left us with nothing and not even paying d/d with the monies ther for them but instead has taken it for their charges. I have written to the DIRECTOR of the Bank and have relayed my concerns over the telephone but nothing has happened..YET.. and I am going back some weeks now..havew sent a Thread about this,previously. Thanks for any info

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Guest HUSBANDKHAN

you are champion. had a problem this week with 2 * £30 being deducted because 2 debit card trans for £4.59 and £3.49 debited on diffrent dates and went overdrawn and over the buffer of £5.00.

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Hi. This is BRILLIANT ....BUT....will it work??....and similar to myself with our Bank.. they have taken nearly all our Benefits that are payed into this account directly as charges.....can I claim this back with a little amendment to your letter......They have left us with nothing and not even paying d/d with the monies ther for them but instead has taken it for their charges. I have written to the DIRECTOR of the Bank and have relayed my concerns over the telephone but nothing has happened..YET.. and I am going back some weeks now..havew sent a Thread about this,previously. Thanks for any info

 

The only words they understand is those with a legal slant to them

There is no reason why it should not work and has indeed worked for many.

The fact that you have brought this to their attention and informed them as such has an effect.Though I suspect there will be an assesment made as to whether allowing you to have access to your money is preventing hardship

if by taking your money this leaves you vulnerable to your ability to function or causes hardship in your household I think there is a case to allow it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I belive that when the banks take bennifits. that the dwp can take back off the back.

as when i had problems and asked the dwp to not make any payments too the bank

I was aske if they had grabed any and if i wanted them to swipe it back.

 

edited......please we cant use these words !!!

 

and what ones are they ?

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It appears so.

To be honest I was not aware of this until now but my enquires reveal that DWP can indeed have some influence there.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Guest Battleaxe

My pension got paid into the bank account we are having problems with, i sent the Letter of Appropriation to the bank,recorded delivery (letter in templates library)they rang me on receipt of the letter to discuss this. Got the pension intact, the bank did not like it, but it worked. I rang DWP and explained what was going on and arranged for my pension to go into my parachute account. DWP said they could help if I wanted the pension still to be paid into the account in dispute, but think having it paid into a different account is better for me.

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Good to hear you have got things sorted....:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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A superb post Martin.

DWP can influence a little if you speak to them.

Also, for benefits, set up a post office account immediately so this source of income is protected if your money is constantly being taken.

This account can be opened upon request in any benefits office/jobcentre.

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Not really a good idea as its likely that there will be 2 of them in the room with you......they tend to do this as intimidation and know that you wont feel comfortable.

Best keeping things to the written letter,that way you avoid the confrontation but still get the result.

Dont forget a letter of appropriation needs to be sent for every payment you want protecting.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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

Hmmm, does this mean that the two charges the bank intend taking from my account in December and January can be av oided. Most awkward months when the charges are for money I lodged in the wrong account for £2 DDs to charities.

 

If I'd had £35 x 2 to spare. I'd have given it to the charities, wouldn't I?

 

I know £2 per month is mean but I give so to a number of charities and it really is all I can donate: a wee bit more than I think I can afford 'cause I reckon we always think we need more than we actually do.

 

Can I phone DSS or wahtever they're called these days and get them to intervene?

 

It will be coming off DLA and IS payments.

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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Years ago i overdrew on my hsbc accounts. It really got their nerves and i had a meeting with their area manager. What i did not know is that the bank manager and his assistants would turn up. anyway when leaving i told the assistant"hes got a weed on"(area manager) and they closed the door on me and would not let me out of the office until i expalined what a weed on meant As they though it was an insult.

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Suggest you send the letter with the regulations inserted teeling they can't touch your money & demanding they refund any they have already taken in such circumstances

 

 

Hi am with the halifax just about to send letter right of appropriation and added social security act clause 187 to it, just wonderin if i can claim all previous bank charges against my account that have been taken from my workin family tax and child benefit what would you say in the letter to try and get them back?

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