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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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    • 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.
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      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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cruzhughes
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  • 4 weeks later...
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Can someone take a look at the Particulars of Claim please

1. The Claimant entered into an interest mortgage agreement on or around 17/02/2006 with the defendant in the sum of £68,235.00. The interest rate at this date was 7.09%

 

2. The mortgage is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR).

 

3. The defendant is statutorily bound by Financial Services Authority regulations – mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets

 

4. The mortgage first fell into arrears on 03/05/2006 after the claimant fell into difficulty and missed that months payment. But caught up the following month. During the term of this mortgage there were numerous late payments but also cheques paid in to cover arrears. However by the 01/11/10 the mortgage balance still stood at £69,430.84. Higher than it started even though extra payment were made.

 

5. The defendant levied various fees throughout the term of the mortgage as detailed in the Schedule of charges against the claimant. Most of the said charges were between 2006 and 2010.

I will rely on the case of Kleinwort Benson v Lincoln City Council with regard to any penalty charges levied that are older than 6 years but still claimed under s.32(1)© limitation act 1980.

 

6. The defendant levied further interest upon the said charges.

 

7. The charges were levied at a rate which exceeded the administrative costs and are not a genuine pre estimate of loss and therefore a penalty, deeming them unlawful.

 

8. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR.

 

9. The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB.

MCOB 12.5.1R01/07/2009

A firm must ensure that any regulated mortgage contract, home reversion plan or regulated sale and rent back agreement that it enters into does not impose, and cannot be used to impose, excessive charges upon a customer.

 

10. For these reasons the interest charged on the charges is also unlawful.

I therefore claim the following

a) Charges and additional interest levied £3397.88

b) Interest at 8% simple from 03/05/2006 to date £2,474.45

c) Total amount claimed to date £5,872.33

ci) Interest continues to accrue at a daily rate of 0.00022% or per day until judgment or earlier

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Spreadsheet is fine cruz but include the latest £65. The poc is far too long winded.

 

Keep it simple, it doesnt need to be so expanded for a poc.

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look at any claim on here and see how short and condensed they are with just basic information.

 

If you prefer one with more info then have a look at the one i used beliw

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?452397-Claim-for-GE-money-fees-***-Settled***&p=4918258#post4918258

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Its not so easy to find in my thread so heres a link to it

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=62837&d=1461854286

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  • 1 month later...

Just to let you know. I haven't bailed on this but a lot going on at present in respect to another thread.

 

But have everything ready to go and need to raise some funds fot the court fee and then I'll be going for it!

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Have you looked into fee remission?

You may qualify if you fit into certain criteria.

 

See form EX160 and EX160a for more info

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  • 1 year later...

yes ofcourse you can

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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the start date isnt the one that matters, you still have a live account so you can claim any time until 6 years after that is settled.

That doesnt mean you want to wait or you will be continually paying them money you dont owe and interest on that to boot.

 

Calculate where you are today and hit them with that plus interest from whenever the error occurred up until judgeemnt .

Interest will be at the rate they set or 8%, whichever is the greater

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From when you ought to have know

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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