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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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virgin MBNA credit card


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I sent the first to thynne street Bolton

when I did not get a reply I sent the second with a copy of the first letter to jubilee house Gosforth Newcastle upon tyne which is apparently the head office

 

any ideas

 

since I already have agreed deals with my other creditors but I have not received anything back

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Did you give them a time scale by which to respond/agree to your offer?

 

Are these the only ones who haven't agreed to your offer?

 

If they have failed to accept your offer and others have then IMHO they have refused your offer by ignoring you so accept the legal minimum payment of £1 a month.

 

It really does depend on what the account is and what else is in your DMP?

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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well I got a I & E done by the citizens advice as the amount I would have to pay towards rent etc would increase quite considerably due to a change in circumstances

 

I wrote to all my creditors first offering a F & F settlement

 

then I offered a pro rata payment plan which all the creditors have accepted except this one

 

since i have not heard back from them ,

the problem being is they are my second biggest creditor so I need them to be on side.

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Matters not one jot.

 

If 75% of your creditors have accepted your offer then the remaining 25% have to accept by default, AFAIK.

 

You HAVE ensured that they are all ''legally entitled'' to your money?

 

CCA done?

Reclaimed all penalties/fees/charges PPI etc?

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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write to MBNA not virgin

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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  • 2 months later...

I had a major change of circumstance at the end of june

I was unable to afford to service all my debts ,

 

I went to the citizens advice bureau and between us set out my I & E form and subsequently saw how much money I could put towards my unsecured debts and offered them two options a f & F settlement or a pro rata payment however there was a very good change I would be made redundant due to my ill health.

 

Fast ward to now

I am now on SSP and a payment from the company pension fund atm

I am also in receipt of a small payment of housing benefit .

As soon as the wages went to that level

I again contacted all my creditors and

they agreed to accept a nominal amount of £1 a week except virgin ,

they all have frozen all interest and charges.

 

We come to virgin Despite numerous letters to them I have only receieved statements letters of default .

default sums oweing .

 

I got a letter from them saying my complaint it taken longer to investige then normal .

don't no why I sent all the paperwork to them ,

 

I need this to be sorted since its pointless paying anything towards it because they are just pilling on interest and charges .

Also they don't seem to have even read any of my letters sent to them ,

 

I got a text saying please call us to discuss your account

dispite saying I would only except written communication.

 

As for a return to work my last specialist have written to the GP saying until I have seen this other specialist I cannot return to work .

On a foot not i don't know wether I will have a job when I am fit to return to work.

 

Idea please sorry for the length

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If they are still adding interest and charges, you DROP them down to £1 a month for the life of the debt.

 

Have you got all the statements of this account?

 

Have you ever reclaimed all of their fees and charges?

 

As you have requested their help, and they have foolishly ignored you, then all of the fees/charges and interest they have added, can be reclaimed under the hardship rules.

 

TBH, I would fire off one letter clearly stating, that as they have failed to assist you during your time of financial hardship, you will only pay them £1 a month for the life of the debt, should they wish to read your letters and then assist you, they can write you with their offer of help.

 

When did you take this agreement out?

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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stuff 'em

under the rules and guidelines that govern them they must help you

 

they are not

so fire off the £1PCM till you die letter

from the debt collection section of our library

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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