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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

 

Currently, a member of my family is sat on a broken down coach, which is supposed to have arrived at Heathrow. He has missed his flight, and will have to try and book one for tomorrow.

 

 

 

According to the conditions of carriage: http://www.nationalexpress.com/help-and-advice/about-us/conditions-of-carriage.aspx

 

 

4.10 (b) Other Forms of Transport: You must allow plenty of time for a service to arrive in time to connect with other forms of transport provided by other carriers on which you are planning to travel. Where such other form of transport involves air travel we recommend you allow at least 180 minutes between the scheduled coach arrival time and your flight departure time. Passengers who do not allow 180 minutes between coach arrival and flight departure do so at their own risk and National Express shall not be liable for any expense incurred as a result of any missed connection.

 

5.7 We have no liability for circumstances beyond our control: We shall have no liability for any delay or failure to carry you, or for breach of contract, where caused by a circumstance beyond our reasonable control. The following shall be considered to be circumstances beyond our reasonable control: war or threat of war, accidents causing delays on the service route, exceptional severe weather conditions, fire and/or damage at a station, compliance with requests of the police, customs or other government officials and security services, deaths and accidents on the road, vandalism and terrorism, unforeseen traffic delays, strike/industrial action, riot or local disturbance or unrest, problems caused by other customers, bankruptcy, insolvency or cessation of trade of any carrier used by us and other circumstances affecting passenger safety.

 

and

 

5.8 Our maximum liability to you: Our maximum liability to you for any reasonable and foreseeable loss, damage or liability (including but subject to the limitation set out in Clause 7.11 for loss or damage to your luggage) which you may suffer or incur as a result of our failure to carry you, our delay in carrying you, breach of our contract to carry you, our negligence in connection with carrying you, or the deliberate or negligent acts or omissions of any of our officers, employees, agents, representatives or sub-contractors, shall be limited to an aggregate of £1000.

 

 

He allowed 6 hours between scheduled arrival and the flight departure. Would a hotel room at Heathrow overnight be considered a reasonable and foreseeable loss?

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And price of the missed flight ticket IMHO

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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Something to consider is that you are completely unaware if National Express have maintained that specific vehicle as per the manufactures instructions.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Did s/he not have personal travel Ins which

also covered the coach journey?

 

 

Unlike rail & air travel, there is no compensation due for coach breakdown, other than what NE may offer, which I doubt will pay for replacement flight

 

 

Did they have any travel Ins?

How was each ticket paid for - Credit/Debit card?

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hang on they allowed 6 hours between arrival at the airport and departure flight time? the coach company say allow 180 minutes (3 hours) , OK now are you saying that no replacement/repair took place within that time of 6 hours if did still missed flight? strange at National Express if long delay usually produce another coach from wherever to continue journey, ?? travel insurance held here by the poster? seems strange such a long delay at roadside???

 

I always get told at on particular check in blimey you are early 6 hours before flight, same check in desk for years long haul, and I always state well I do not live around the corner and cannot dictate bus timings to airport!

:mad2::-x:jaw::sad:
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4 hours he left between arrival and flight departure... not the 6 hours he initially said.

 

He caught the 09:55 from Plymouth, due to arrive at Heathrow at 14:25 - plenty of time for his 18:40 flight. Ended up arriving at Heathrow at 2300 last night, and didn't bother getting a hotel, just slept on the floor of the airport. Had to rebook a flight, and was on a plane at 7am this morning.

 

He has got travel insurance, which I will go over with him when he gets back. It has an excess and a £500 limit though - so his preference is to claim back from NE if possible.

 

3 hours broken down, waiting for another coach to come. Then got stuck in traffic jams, then stopped for an hour somewhere, then roadworks so had to turn around to go another route.

 

But on the bright side, he got given a card on the coach saying "We're sorry, give us another try.... to claim your discount etc etc "

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Claim against Travel cover and if necessary NE should be possible. It should not take 3 hours for a replacement coach. Why could they have not asked people whether they had flights to catch and then if necessary get a local company to take people to airport or nearest rail station. There were steps NE could have taken.

We could do with some help from you.

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  • 3 weeks later...

I once nearly missed a flight due to the National Express coach not turning up, and ended up having to take a taxi to the airport (two other passengers were in the same situation so we split the fare three ways).

 

As soon as I got home I complained by snail mail to NE, pointing out the third of the taxi fare that I had had to pay.

 

I later realised I had complained to the wrong NE department so e-mailed the right one.

 

The first complaint led to them sending me vouchers to cover the money I'd spent, and in response to the second complaint they sent me a cheque!

 

So at least in my experience NE took complaints seriously and were willing to compensate the customer.

We could do with some help from you.

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