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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      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
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QuickQuid and Mackenzie Hall -now PRA


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dx

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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I had a previous Payday Loan with QuickQuid - worst thing i ever did... However.. I could not afford to pay this one back and stopped the payments, it defaulted and has been a default since around 2011.

 

I never really heard anything off QuickQuid about this, but had an occasional letter from Mack Hall. I started looking into how i may be able to help myself, and i then decided to send them a CCA Request.

 

I sent the statutory £1 off with it, they returned the pound saying "we do not need the £1", and no true signed agreement or anything has been sent to me. The only thing they sent was that they were passing this on to quick quid and i heard nothing since.

 

The date for the 12+2 was 11th feb 2014, so i have no today sent off a follow up letter using a template i found on the internet.

 

Where do i stand now? I was not making any payments to them for this debt, have not if my memory serves me well, had any contact with them apart from them leaving automated voicemails..

 

Could i be looking at a score of me: 1 - Mack hall: 0?

 

After looking around i have seen that this may mean the debt is not enforcable, but still persuable? Is there anything i can do to stop them chasing me too? I have seen letters to try and get your details removed from their system if they cannot prove the debt is owed from an agreement..

 

What if 3 months down the line i get post with the agreement? It then becomes enforcable again?

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Lie low until something comes in the post. Then we can deal with it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok dx.

 

 

I just thought my comments were valid for this thread. There seems to be a consistent theme between threads to send a CCA request in the first instance without people knowing what they are looking for or what is legally required from the creditor, this could be misleading.

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DJM this is a self help forum and there are links for CCA request SARs etc., for users to familiarise themselves with the processes.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Question on this:

 

Mack hall have other companies in their group such as portfolio recovery or something which are at the same address

 

I have put in a cca request with nothing sent back and also a follow up letter with so far nothing sent back but yet they still keep phoning and leaving automated messages? Can they do this still?

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Did you put it in writing that you revoke permission for them to call you by phone?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I will double check what I put on the follow up letter but I know that on the bottom i put about correspondence being by letter. And I thought if they couldn't produce an agreement they couldn't enforce it even in a court? Or has that changed too?

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I will double check what I put on the follow up letter but I know that on the bottom i put about correspondence being by letter. And I thought if they couldn't produce an agreement they couldn't enforce it even in a court? Or has that changed too?

 

Only if the agreement was taken out prior to 6th April 2007. Past that date it's down to the court to give 'leave' to do so.

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  • 1 month later...

Some CRA's wont update until the end of each calendar month.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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As this is mack hall deleting the entry, would i be right in assuming its either

 

1) they have sold it to someone else ?

2) they cannot provide the CCA so have stopped chasing it?

 

Or could there be another reason

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  • 3 weeks later...

Strange, I had an old quick quid default which I had lots of issues with. I wont take up your thread but I ended up with three companies chasing me for it so I wrote to them all told them the account was in dispute until they figured out which one of them owned it, I never heard another thing. My default disappeared from Equifax about the same time as yours, maybe they were having a clear out! Mine has never been on noddle but I haven't checked my Experian for a while so don't know if its still on there.

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Well at least there is someone else out there in the same boat with it just vanishing etc! Hopefully it will stay gone..

 

However it is still on my experian even now.. Wonder if it will disappear at some point during may.. Will update further if it does

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  • 2 months later...

Hi, i put in a CCA request about this a good few months back now (february)

 

There has been nothing back and i proceeded with follow up letters etc in the past

 

The latest now - still after hearing nothing back they have re updated my credit file under Portfolio recoveries (which is the same people as mack hall) in June, and shown it as still defaulted with nothing being done by me about the account.. Can they do this? As the account is still in default on their side as they did not provide anything from my cca request and they said no further action would be taken until the agreement was given to me which it never has been?

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CCA in default just stops them enforcing the debt. They still have a legal obligation to correctly report the current status of the account. lack of a valid CCA doesnt mean the default or entry should be removed.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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CCA in default just stops them enforcing the debt. They still have a legal obligation to correctly report the current status of the account. lack of a valid CCA doesnt mean the default or entry should be removed.

 

Brill thanks for clearing that up :)

 

But doesn't a failed cca request mean they can't sell the debt on as they are in a default position aswell? Or did I read that wrong? (I read these things a while back so not sure if I am remembering correctly)

 

And if they can't pass it on then technically it can't be passed from mack hall to portfolio? (If it's a correct piece of information I read)

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Nope sadly. Dcas and creditors can and do sell on debts without the cca.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The CCA is mainly used for the execution of enforcing a debt. So a debt can get a CCJ, but iirc it cant be collected on without a valid CCA.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The CCA is mainly used for the execution of enforcing a debt. So a debt can get a CCJ, but iirc it cant be collected on without a valid CCA.

 

Can it still get a ccj even after a failed cca request? At the minute it's just at the defaulted state

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