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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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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Where I live now there is a service charge of £4 a week for heating and hot water from the communal boilers,

 

from next week,

when they upgrade my heating system

I will be having to pay for the heating as we will be provided with individual electric boilers for just the heating!

 

Nothing has been said about reducing the service charge because of this change,

I am in the right to ask for a reduction as I will be paying twice for heating?

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what do the terms say?

who installed the new electric boilers and are they in every dwelling or ie this something arranged by yourself or on a more local basis.

 

It may well be that the charge isnt reduced as the boilers supply the hot water (you dont have the heating on in summer).

 

The agreemnt will tell you most of what is right.

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My agreement says the service charge is for heating and hot water.

 

The housing association arranged the installation due to the old communal boilers becoming faulty due to age I think.

And yes every flat in the complex is being fitted with them.

 

Have had no letters/information about the instillation,

didnt even know they were planning to instal them till someone came round to do a floor plan!

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  • 3 months later...

Contacted Yours housing, via contact page of their web site and as usual no answer! been months!

 

Has anyone got contact details of someone at the top of this group?

An update of my story..........

 

 

My complaint is about the new heating/hot water system we have all been saddled with, without any consultation at all! I live in a complex that has communal heating and hot water and yes it needed replacing as it kept breaking down, but the system they replaced it with is costing me much more now!

 

First the heating/hot water bit of my rent has gone up from a little over £3 to over £7, which isnt covered by housing benefit!

 

Then due to the type of heating system, heat exchange, my water usage has gone from 120 litres per day to 250 litres per day, on a water meter, just because you have to run the tap for 3 or 4 minutes before you get any hot water!

 

Its costing me more but the HA is saving money!

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so what do the terms say?

you ahve had 4 months to look this up

 

I dont understand? It is a housing association flat, cant find anything that refers to anything about this, other than there is a service charge included in the rent, part of which is covered by housing benefit, the part that is for heating and hot water isnt and i have to pay that

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You are approaching this all wrong with the HA but you are correct about challenging them of this Service Charge especially if it was for Heating & Hot Water and you now have to pay heating seperately.

 

You need to make a 'Formal Complaint' in writing and make sure to title it as such.

 

Explain your issue.

 

In the letter you require full clarification from the HA of the following:

 

1. Your Service Charge of £x.00 has always been for Heating & Hot Water is this service charge going to be reduced due to the new heating system that you will now be paying separately?

 

2. Why has there been not consultation with the residents affected.

 

You also require copies of the following:

 

1. Complaints Policy (not the leaflet)

2. Customer Care Policy (not the leaflet)

3. Rent & Service Charge Policy (not the leaflet)

 

You need to fully exhaust the HA complaints procedure and if still unhappy then you can approach the housing ombudsman.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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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