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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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PPI rejection - Debenhams store card 1999, orig GE Capital - now satan - FOS or Small claims court??


Determined100
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Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with.

 

I have issued a SAR - but already do have copies of Agreement and statements etc.

 

Unsure of whats best as next move

- do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action?

 

The amount of money involved is probably fairly small (circa £200 in PPI premiums?)

 

Any thoughts appreciated!

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Ah the old button holed by the assistant so they could pocket the commission

 

Not got little x's they put and said sign here etc...

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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Absolutely.

 

Brought items in store

- signed an agreement which assistant marked up and advised apparently needed to have PPI if you want immediate approval!

 

Bank now suggest that this was perfectly acceptable practice and I would have had the opportunity to review T's & C's at the point of signing - what!!!

 

Stood in a queue, clutching a pair of jeans and a couple of shirts

- with people waiting to pay behind you

- well of course I'll have a review of your piggin terms to see if I'm being stitched-up

- even though the terms do not state how much this PPI farce will cost me.

 

Bank suggests I would have had 30 days to cancel if I wasn't happy

- but they didnt send the formal info in post to me till 60 days later???

Not amused!

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Look on the fos website

There are a few case examples and here too

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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Recently submitted SAR to Santander- the same bank who was handling and rejecting couple of old PPI claims.

They have stated they hold no data for me - despite my having a current account with them for last 12 years - which is registered to my current address - detailed on my original SAR.

 

 

Excerpt of letter below:-

 

Can anyone advise whether you have to detail ALL previous addresses where they may have held data

- I originally provided full name, current address, date of birth

- and asked for data held on any and all addresses for me.

 

 

Equally, I'm not sure they are allowed to suggest they only hold data for 6 years

- when, whilst trying to log a PPI claim, they found data on old store cards going back 17 years?

SAR rejection003.pdf

Edited by Determined100
wrong attachment
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yes you do

read the sar and all its posts

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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Share on other sites

Thanks re-read the posts and will write to them again.

 

However, my issue is that

1) not sure I'll remember all my addresses over last 20 years,

2) if it's genuinely only limited to 6 years - pointless exercise,

3) I thought a SAR required all information 'uniquely and personally identifiable' to you

- which an address is not

- whereas a proper name and 'date of birth' is very much unique to me and easily searchable/identifiable?,

4) My current account is with them and at current address - which they haven't even found

5) they clearly do have info beyond 6 years which they have failed to disclose

- as they are dealing with PPI claims older than 6 years (and rejecting them based on the records they hold - even if incorrect!)

 

Have reviewed ICO website regards longevity of data which doesn't suggest any cap of 6 years

- just as long as company holds data, in accordance with rules of DPA and their own compliance policy?

So surely, if they HAVE the data (which they clearly do) - they have to release it?

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Bank has now provided 'final decision' and rejected my claim

- as has the insurer, Axa.

 

 

Have sent SAR to bank but still awaiting results

- although do have my original agreement and statements etc.

 

 

Bank suggest as account prior to 2005, I cant go to FOS with complaint against them - but can against Axa??

 

 

If I wish to proceed and reject their decision

- poss small claims

- do I go after the insurer or bank as original creditor?

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well you need to do a bit of a resit for now

so this was a store card?

with GE money?

and who's store?

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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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Share on other sites

You do need to get a move on if you are going to be escalating your claim to the FOS. Aside from which, the FCA have advised there is now a deadline for PPI claims - August 2019.

 

Although as I understand it, "We fight any claim" are or have taken the FCA to court according to an article I found online dated March 2017.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ideally you need all the statements for the FOSrunning sheet to work properly

you can use the fos CI one to get an idea with limited info

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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Although as I understand it, "We fight any claim" are or have taken the FCA to court according to an article I found online dated March 2017.

was initially rejected, some recent info re

http://www.insurancebusinessmag.com/uk/news/breaking-news/we-fight-any-claim-battles-it-out-against-ppi-claims-deadline-75757.aspx

https://www.ft.com/content/f221941a-89b6-11e7-8bb1-5ba57d47eff7

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  • 1 month later...

I am considering starting a small claims action - to recover mis-sold PPI premiums from apprx 20 years ago!

 

Please can someone advise as to whether I have to calculate/show the interest element I am asking for in restitution

- or do I just show the value of premiums paid and ask the Court (if my claim is successful!) to award interest as they see fit?

 

Equally, if I have to identify value of interest

- do I use statutory or ask Court to award compound interest in restitution

- calculated at contractual rate of agreement (15%) charged to date of claim

(even if I could do this - am concerned that 'compound' calculated over 20 years on few hundred pounds could take my claim over £10k - therefore no longer being able to be considered in Small Claims track? Very confused!!

 

All help much appreciated!!

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firstly,

have a look at the fos site re how they calculate ppi redress.

as that wld probably be considered in any claim.

 

generally, it's not simply a case of adding stat interest and compund interest to the amount of premiums paid.

the history of the account would need to be looked at, and if not fully available then a reconstruction.

 

also, generally, interest amounts claimed should not count re the technical value of a claim for the purposes of track.

 

interest should usually be set out separately on a claim form as per the civil procedure rules.

is there a background thread on this, have you exhausted complaints and fos.

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the fosrunninsheet will do it all for you.

you cant charge them at their interest rate after they stopped charging it.

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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Many thanks Ford. I feared it wouldn't be simple!!

Yes, have exhausted route with 2 banks - made original complaints (via Resolver) but one bank claims I have not had PPI on my account - despite my providing copies of statements that clearly show I have! Have queried several times - but they are holding their position and stating thats their final decision? The other bank state I requested PPI on telesales call - which I definitely did not (took out in-store for storecard with pre-ticked application form). I considered escalating through FOS but varying reports/experience on their level of expertise in resolving matters - so issued an LbA to banks and thought I would try and pursue via small claims procedure??

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... I considered escalating through FOS but varying reports/experience on their level of expertise in resolving matters - so issued an LbA to banks and thought I would try and pursue via small claims procedure??

 

maybe should've tried the fos first, never know. which banks, why 'resolver'?

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