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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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


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I recently fell behind in my car payments to Santander

i got a phone call from lanarkshire car recoveries demanding full payment,

 

i have gotten into serious trouble recently and couldn't afford it

the only option they gave me was to pay 540 per month for the next 6 months,

this is absolutely crippling me and i have already had to sell many possessions to meet this.

 

My concern is i have not had a letter from this company,

just a phone call threatening to take the car if i don't pay

and they just phone me every 4 weeks to make a card payment,

no acknowledgement is offered.

if i have to pay that amount again this month (22nd) i will be finished.

 

i know its my own fault for falling behind

the reason i fell behind was not having enough money and not knowing how to deal with it.

 

does anyone know if i can open up communication with this company and negotiate lower payments or at least does anyone know the process of car recovery, do they just show up wherever they want and take it away?

 

Meant to add, they called my work last month and told my staff who they were and why they were phoning, this caused untold embarrassment to say the least.

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Somebody will be along soon who will give you better advice about this than me. However, are your calls recorded at work and would you happen to have a recording of this call? Would there be anybody at your work who would be prepared to say that they receive the call and receive this information?

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the calls are not recorded at work but the staff member who took the call would happily say they received the information, i was out at the time and she sent me a text saying a car recovery firm were on the phone and the woman was really cheeky when she was told i wasnt there

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How long have you had the finance? is it an HP agreement?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Have you still got a copy of the text message? Also, I would go and have a chat with your staff colleague and asked them to provide a statement immediately – before they forget or before they change their mind.

 

A statement would simply need to say what her name was what position she held in the company. She received a call at XXX time and when she answered somebody identified themselves as XXX and then the following conversation occurred – blah blah blah.

 

Make sure the statement is signed and dated.

 

Once I had that I would phone Santander immediately and complain to them that your personal data is being shared without your consent and that you want to make a complaint. I would be very bullish about the complaint and insist on being put through to their complaints department and make it clear that you want the matter to go to the FOS. Santander will take eight weeks to investigate but then you will be able to go to the FOS.

 

One of the things you should say to Santander is that you want the file taken away from their debt collectors because clearly their debt collectors are prepared to act unlawfully and in breach of the Data Protection Act and also in breach of BCOBS which is the FCA's own regulations and includes a statutory duty on Santander to treat you fairly and to communicate with you fairly. Although it was a recoveries company which contacted you and broke the rules, the FCA rules require that the original creditor retains responsibility and so if it is Lanarkshire Recoveries which has broken the rules, Santander is still responsible for the way they behave.

 

If you push this complaint through in a sufficiently businesslike and persistent way, I think that you may well be able to have the file taken back from Lanarkshire and that you will be able to agree to resume the payments at the normal rate – although you haven't told us what they are. Also I think that you would be able to negotiate some kind of compensation for the breach of the Data Protection Act and also for the breach of confidence which has occurred.

 

If Santander make any offers to you, come here and discuss them before you accept. Don't be pressured into accepting anything immediately. Tell them that you will reflect on it.

 

This is not hundred percent certain that what I have suggested will happen – but if you are persistent and you push it hard then you can probably get some kind of result. In the end, if Santander will not be helpful to you then you should make your complaint to the FOS.

 

Additionally I would contact the information Commissioner and begin a separate complaint with them. You can do this by the telephone and although the information Commissioner's office is basically toothless and pretty relaxed about investigating your complaint, it will be another load of trouble and another load of correspondence which will be sent to Santander and which they will have to deal with. All of this will start to concentrate their minds.

 

Finally, I should write a letter to Lanarkshire and complain about what they have done and tell them that you are reporting them to Santander, to the ICO and eventually to the FOS. Tell them that you don't want to hear anything more from them. Tell them that the conversation that they had with your colleague has been recorded and that your colleague is preparing a statement outlining exactly the way that they committed their various breaches.

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stop paying the no powers repo company

deal with satans bank direct.

 

unless you GIVE the car to the repo guy

there is no such thing as them being able to simply turn up and take the car in Scotland

they MUST get a court order.

 

sadly you've been had here.

 

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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Wow, that's amazing advice to read.

 

I'm stuck in a rut thinking everything's my fault and i deserve it but your advice is making great sense now.

 

I would need to look up Lanarkshire recovery address,

i don't even know what their phone number is,

 

iv had a text from them but it seems to be a private mobile number.

 

the staff member would be happy to make a statement and i still have the text she sent me.

 

Im at work just now but ill make time to call santander as the next payment is due next friday, i used to pay 265 per month.

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Pay attention to the advice given by site team member DX100UK.

 

Start making your payments to Santander as previously agreed – the £265 per month. You need to resume that because it shows that you are willing and you are able to start to recover some of the moral high ground. Do this in addition to the very serious complaint that you will be making. One of the useful things about the complaint is that it will cause a dispute and suspicion between Santander and their recovery people.

 

By how much are you in arrears?

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im not sure how much,

i missed about 3 payments of 265 and LCR contacted me at work on the 12th october and said i had to pay 460 per month for 6 months,

 

i told them i had no money until pay day on the 27th

she said she can wait till then but the payments would go up to 540 odds.

 

she phoned again on the 27th and i paid it by card over the phone,

she said the next payment would be due on the 24th november,

 

i ended up in a full day meeting out of the office on the 24th and thats when she rang my work looking for me,

 

I have just spoken to the staff member who took the calls

but she says she actually googled the phone number to find out it was a car recovery place

so that puts my hopes of a complaint dead in the water.

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you don't need to contact the powerless repo company

simply ignore them other than starting a complaint with Santander over their conduct.

 

can I assume you ARE resident in Scotland and took this loan out whilst resident in Scotland.

 

have you the agreement still?

 

its quite common that these satan car loans are not a car loan nor HP but a pers loan whereby the car is not even mentioned at all on the agreement.

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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yes im resident in scotland and took the loan out while here, i should have the agreement somewhere, might even have an electronic version of it. I moved house just after getting the car and put a 6 month forward on my mail, i also wrote to everyone i was in contact with and gave my new address.

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ok good well scan it up to ONE multipage PDF when you can please

read UPLOAD.

 

and simply pay/negotiate with satans bank directly now

totally ignore the powerless repo company

theres no such thing as repo without a court order in Scotland

and ofcourse that will have to be applied for by satans bank the owner of the agreement.

 

have you got all the statements?

if not might be an idea to send satans an sar to get them.

 

might be worthy to go get your credit file too.

just to check everything is still ticking along OK

 

it should show satans loan and most probably defaulted too?

have you had a default notice from them?

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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i didn't get any letters from santander, they phoned me a few times but didn't leave a message and i ignored the call because i was worried about not paying them. i have been trying to start up a business which is taking way longer than i thought and its been eating into my own personal money, that's why i've been falling behind on payments.

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go get your credit file please

what does it state about this account

 

noddle clearscore exerian

all are free

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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Its showing missed payments since july, its not showing the payments i made to LCR in october and november

 

is it defaulted?

 

smelling !!

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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it doesnt say, just shows the months and a red dot for missed payments from july, aug, sept (these are the 3 payments i knew i missed) but also for october and november. ive paid 1080 to LCR since october.

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oh dear I wonder where your payments have gone...

 

well I don't..you've just paid for LR's xmas party drinks today ...

 

more later

 

get that sar running

 

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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Share on other sites

When you contact santander you MUST make the complaint formal so in writing.

 

If you need to speak to them to find out who to write to then do so but do not agree anything or go into any lengthy conversation about this, just make it clear you are going down the formal route so need to know who it is that is going to receive the full treatment.

 

As for arguing over what LCR say igniore that,

they are a powerless bunch of bandits who break the law.

 

If your payments to them are not credited in full to your santander account then you should do a recharge via the card you used to pay them.

Let satan know you are doing this as well

 

LCA credt licence expired march last year so you should really stick it to satan for using them

because if they dont hand over the money to satan then you can still owe it according to the law.

 

Let the FCA know all about their behaviour.

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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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can we just check the phone number you used to make the payments to please?

 

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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