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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?
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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Opos limited collections.and minicredit 'debt'


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Good Morning

 

I received a email from Oposlimited debt collector trying to get me to pay £1156 on behalf of Kapama (Minicredit) This is a loan I took out in 2011 - 2012 for the amount of £100. Cut a long story short, i struggled to pay it back but we eventually came to the agreement of paying £150... the original loan amount plus 1 month interest. Anyway.... as I was saying, today they emailed me saying I owe £1156.

 

Kapama (Mini Credit - https://www.minicredit.co.uk) Refs: XXXX and XXXX

 

Statement Date: 26/02/2016 Current Balance:£1,156.00

 

Period Covered: 26/02/2015 to 26/02/2016

 

Your Account Summary

 

Loan Amount £100.00

 

Interest Charges £121.00

 

Debt Collection Charges £100.00

 

Default Charge 1 £25.00

 

Default Charge 2 £50.00

 

Attempt Charges £910.00

 

Paid £150.00

 

Adjusted £0.00

 

Outstanding Balance £1,156.00

 

 

Weird ay?

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Hi

Was this agreement to pay the £150 made in writing or verbally?

 

As it stands, the charges they are attempting to levy are all unenforceable as they do not represent the actual costs involved.

 

'Attempt Charges'! that will never stand. No breakdown, nothing! Default charges, the same

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

Was this agreement to pay the £150 made in writing or verbally?

 

As it stands, the charges they are attempting to levy are all unenforceable as they do not represent the actual costs involved.

 

'Attempt Charges'! that will never stand. No breakdown, nothing! Default charges, the same

 

Agreement was made via e-mail, unfortunately I have no record as I don't keep e-mails that long!

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All those charges are reclaimable

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Another thing. Were you already in financial difficulties before taking out the loan with mincredit?

 

The reason I ask is that there is a case where the Financial Ombudsman has told Kapama to write off a debt made up of interet and charges after the customer paid off the loan and a bit more to cover interest.

 

Hopefully this link will work

http://www.ombudsman-decisions.org.uk/

 

type in Kapama limited and go back to November 2015

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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moved to the minicredit forum

 

 

lots to read here relating to your issue

 

 

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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They replied to my email today.

 

Good morning Karl,

 

 

 

I can see that you paid £150 on 31/07/2012. At this time we closed the account as disputed and returned it to our client. At no point did we tell you we were accepting £150 as a settlement, the payment was too low to be accepted as a settlement. Therefore, the balance is still outstanding with our client.

 

 

 

Kind regards,

 

Rebecca

 

-

 

I just replied saying that those charges are NOT enforceable and will not stand up in court. I have informed them I have contacted the financial ombudsman.

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Morning :)

 

Had a reply from Opos.

 

Good morning,

 

 

The Financial Ombudsman will advise you to go through our complaints procedure first. Please contact one of our trained advisors on 0141 428 3990 to discuss this.

 

 

 

Regards,

 

Rebecca

 

 

Should I advise I would like to keep all communications via email? Also is there some kind of template to use for a reply to this?

 

Cheers

Karl

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This is correct. If you haven't raised a formal complaint then the FOS will direct you back to Opos.

 

Write a letter with the heading Formal Complaint so that the hard of understanding know what it is all about.

 

While this is to do with Opos and Kapama, the FOS have other companies where they have upheld a complaint so you could do a search and see if any of them are relevant to your particular circumstances which is also why there are no dedicated template letters. Every situation is unique to you and a template will do you no justice.

 

All you need is a brief rundown of what you believe the issue is and what you would like them to do to resolve it. You can include case references from the FOS if they are similar to yours to help them.

 

You must give them 8 weeks to respond or if they reject your complaint sooner.

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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