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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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2 Cap1 cards, one defaulted the other with late markers.


Elliot2011
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I'm seeking some advice on how to manage my current debts.

My credit score hasn't been brilliant since making some silly decisions when younger, but I had been making large steps in improving my score and almost cleared the majority of my debts.

 

Unfortunately over the past 6 months my partner has suffered with mental health issues (some of which manifest in a physical way and require her at times to have 24 hour care).

 

Her illnesses cause her to be off work from two weeks up to over a month depending on the severity of the episodes.

 

During these times I've either had to be off work so we have had no income at all for significant periods, or I've had to have family members help and use a much loathed credit card to cover basic bills.

 

The good news is I'm up to date on my rent and council tax.

Electric and gas bills are also up to date, and an affordable plan in place to cover my water bills.

 

I am however concerned about my credit card debit

, it's got to the point where I almost reach a time I can afford to clear the debt almost totally and then my partner gets ill again and I suddenly have no disposable income.

 

I think the credit company have become frustrated (understandably) with lack of payment.

I have tried to explain the situation to them but they don't seem to really read my letters and keep asking for proof that I myself has been ill, which isn't the case.

 

I want to get the debt under control and clear it as soon as possible and I am just looking for advice on how to handle it. Currently showing one in late payment and one about to default.

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I think the starting point is probably to start listing out your debts here.

 

It was the creditor, when was the debt taken out, how much is outstanding, when were last payments made – et cetera

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Without knowing more about all of the debts you have, it is difficult to advise. I guess what you are trying to avoid is defaulting on credit cards, as that might mean increased interest rates making it more difficult, credit record black mark and possible CCJ at some stage. Also the credit cards are your current safety net and if you lose these, then you would be in more difficulty.

 

Your main issue is your partners health and it affecting household income. I wonder whether you qualified for any government help during these period e.g tax credits, carers allowance, universal credit. Did you investigate ?

We could do with some help from you.

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Well done for dealing with your priority debts, rent, ctax, utility bills (less clean water).

 

These are, as you have correctly established, your PRIORITY, and MUST be paid, otherwise things will go from bad to worse.

 

Have you checked your credit file?

 

When did you take this credit card out and WHO is it with?

 

CC's are a NON-priority debt, have you informed them, in writing, that your circumstances have changed?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you've got defaults paying off the debts in bulk won't help

Hope you are not paying any powerless dca's

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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A free debt advice group, like Step Wise or CAB may better advise you.

You may need to compile a monthly statement of savings, income & expenditure.

CCs may not be a priority debt but can be used to defer payments if paid off in full by the Statement date, otherwise they are an expensive form of credit.

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Thanks for the replies.

 

Yes I check my credit score weekly using the free Experian service and ClearScore as I have been really trying to improve my financial standing and wanting to correct past mistakes.

 

Both credit cards are with Capitol One.

 

 

One I've managed to keep up the minimum payments on most months but it does show late payments, the other is now defaulting.

 

 

I have tried to explain my change in circumstances to them but it seems as though they don't fully read my letters and keep asking for proof of my own Ill health,

which isn't an issue,

it's the situation created by my partners ill health that's causing financial hardship.

 

I'm not paying any DCA's.

 

Currently unsure what help government wise is available.

 

 

My partner was forced to apply for PIP after being awarded DLA for life, and as many people with mental illness are finding she was denied and is currently appealing.

 

I will try one of the free advice agencies too thank you.

 

 

I thought I'd ask here as the advice received previously when I was dealing with an unruly council was excellent.

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ill pop in later

 

 

bit busy today.

 

 

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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well in all reality you are going to default on both

so 6yrs bad credit rating sadly whatever you do

 

 

you are quite correct in not sending medical info.

it wont make any diff and its none of their business anyway.

only a judge can demand such info.

 

 

how old are the cards please

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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