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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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


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Hello All,

 

I have received a letter telling me an old HSBC Credit Card was sold to Cabot Financial today and that they would be in touch shortly.

The account is not statue barred.

 

Whilst I am happy to enter into a repayment plan,

I want to make sure that they have all their ducks lined up and have all the correct paperwork.

 

I originally had a dispute with HSBC after they blocked the card on Christmas Eve and that very nearly left me stranded Birmingham Airport over the Christmas Period.

 

At the time there were plenty of funds available on the card and it was the only card I had on my person at the time.

 

Long story short

I phoned them on the day asking why the card was not working and noone could explain it to me either.

I was promised several callbacks which they never made and a resolution the same day which also did not materialise.

 

As I couldn't buy the train ticket I needed,

I had to take several buses to my Christmas destination which in all took over 10 hours to complete a 60 mile journey.......... :mad2:

As I hold an ENCTS pass this journey cost me nothing but did cause considerable inconvenience at the time.

 

I made a complaint at the time and whilst they acknowledged the complaint,

they did not respond and when it came to them wanting something (i.e. to pay the bill) I refused until the complaint was resolved to my satisfaction.

 

Apparently they had nothing on file and still did not know the reason for the failure of the card.

This contradicted what I was told on the day of the failure which was

"A Back office team is working hard on this as we speak and it will be resolved shortly"

which now appears to be from my perspective a complete lie.

 

Fast forward to the issue at hand now,

I received a letter that the account has been sold to Cabot Financial and that I will begin a game of letter tennis within the coming days.

 

How is it best to proceed from here.

I don't particularly want to furnish Crapbot with too much information.

But I'm happy to do my homework and see what happens.

 

Debt is for a Credit Card approx £1,800

I don't doubt for a second that Crapbot will take legal action eventually

but I'd rather give them notice as it were that I know how to handle this matter.

 

I'm thinking just a bog standard CCA Request uncrossed postal order and see what they come back with?

Perhaps a SAR to HSBC as well?

This is how I spend most of my life :ranger:

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CCA them. cabot dont chase enforceable debts. If a CCA comes back that complies with things, then you cna research other avenues.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yeah I thought that would be the case, I've read through several threads and the consensus is Cabot deal with Lemon Debts so then picking it up is not necessarily a bad thing.

 

Ok CCA in the post tomorrow and see what they come back with. I know they'll be some penalty charges on there too from around 2013 so thats another avenue to explore if they come back with anything.

 

Thanks :)

This is how I spend most of my life :ranger:

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sar HSBC 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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  • 3 weeks later...

HSBC SAR'd and CCA Request sent to Cabot. Both have been received by the retrospective parties.

 

Had a response from Cabot today saying they can't provide the CCA in the required 12 days but expect to have it within 40. They go on to write "In the unlikely event we cannot source the documents we will write to you again"

 

Happy to post the letter up but seems like a very generic response that most people get (from reading other threads) when sending CCA requests to Cabot.

This is how I spend most of my life :ranger:

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Cabot know they only have 12+2 not 40. theyre very unlikely to get a compliant agreement, and if they do, then something else is fishy with the debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 1 month later...

No response from Crapbot to date. However HSBC have sent me their SAR bundle.

 

I've had a skim read through and there is no copy of the CCA, even a reconstructed one from the time of inception. I'll take a more detailed look when I get home and can examine the documents more thoroughly.

This is how I spend most of my life :ranger:

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tough luck on cabot then!!

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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  • 3 months later...

Cabot have replied saying they could not locate the CCA and thus the account is unenforceable in court. They have naturally invited me to setup a payment arrangement as I am still obliged to repay them...

 

They stated they would keep trying to locate the documents and did not return the £1 PO. Is it worth writing to them again asking them to return the fee as they cannot comply with the CCA request? Or should I just completely ignore this until their next move?

This is how I spend most of my life :ranger:

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return the fee, come could on write cost you a £1.00. to do so, ha ha look they are having a problem then that is their problem - long may it be the same !do nothing

 

 

do not try to be clever as that may invite them to be more aggressive

:mad2::-x:jaw::sad:
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I thought that would be the advice given and it's good advice. So I will do nothing until they try something.

 

I had an off day and felt like rubbing salt into the wounds for failure to comply with CCA. But in hindsight that will only bite me in the long run, so just going to see what happens.

 

Interestingly they stopped phoning me the moment they got my CCA request so I think they know I've found CAG :madgrin:

This is how I spend most of my life :ranger:

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