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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

      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
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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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I have been a member of O2 since 1989 (When it was originally called Cellnet).

I have had many phones, and many contracts, and I have stayed loyally with O2 since that date.

 

However, on Christmas Eve I went into an O2 shop looking to buy a iPhone for my brother as a Christmas present.

I was persuaded to upgrade my own phone to an iPhone X, so I could give my present phone to my brother.

 

I was told I would have to pay £69.99 for the handset and another £297.00 to upgrade early.

At NO TIME was I told that this fee was non refundable.

I upgraded,

 

when I went home I was uncomfortable at paying nearly £70.00 a month for my new contract and be tied into it for another 2 years.

I went back to the shop on Boxing day and asked to be released from the contract under the 14 day cooling off period.

I was asked to come back the next day as there was no one in O2 working on Boxing Day to sort this out, which was fair enough.

 

I returned on the 27th December and was told that the £297.00 fee I paid to upgrade early was non refundable.

I told them that I was not told about this at the time, and if I had of been told I would never have agreed the new contract.

I was asked to go away and speak to O2 head office to get this sorted out.

 

I contact O2,

who passed it onto your Executive Relations,

who told me I should of read the Terms and Conditions, of which I explained to him that no one reads Terms and Conditions (which he agreed), and apart from that I was not given enough time to read them anyway.

However he would not relent and told me that I could not have my early upgrade fee refunded as I was out of contract.

 

I told him that I was told by O2 that I could go back to my old contract and see out the rest of the contract, which expirers in September 2018.

However he refused to do anything and referred me to the Ombudsman.

 

I find that is bad customer service to a long standing and loyal customer, that O2 will not even try to assist (even as a gesture of goodwill) and do something to help a customer, and just palm them off to the Ombudsman.

 

I returned to your O2 shop to get my handset refunded,

when they tried to do it I was told they could not refund my handset in store.

They then got hold of a person at O2 and they passed the phone to me,

and he told me they would send me a pre-packaged jiffy bag to return the phone in,

once received I would get my handset refunded (£69.99), and he would also refund my £297.00 fee.

He told me it would take up to 15 days to refund my money!!!

Whilst I was not happy at having to wait to get my handset refunded,

at least I was also going to get my early upgrade fee refunded.

 

I was sent the jiffy bag the next day (quick and good service), and sent the phone back on Saturday 30th December.

 

I today (5th January 2018) received a phone call from someone called Tanya regarding a survey I filled in about the service I received.

She told me that they have not received the handset back

(It was delivered to O2 on Wednesday 3rd January just before 7am),

and that I would not receive my refund for my handset until the following week.

Why does that take so long?

She also informed me that the guy,

Daniel, who told me that he would refund my £297.00 fee should not of told me that,

and that I would not receive it!

Is this the way you treat people?

After chasing up the refund for the handset I have received another e-mail from Executive Relations informing me that they did in fact make an error about the phone and that they had indeed received it.

However I would now have to wait a further 15 days for a refund!!!

 

I have been miss-sold a contract which I was persuaded to upgrade to when I didn’t really want to.

I was not told, or made clear at the time, that the early upgrade fee was not refundable.

I have been messed about from one person to the next. I am having to wait to have money refunded, and wasting my time in the process.

 

I have now contacted the Ombusman about this situation.

Whilst I accept part of the blame, surely a company the size of O2 could of dealt with this better???

I will NOT recommend them to anyone now, all these years I have been with them and they have treated me like

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But, on the plus side, you're no longer tied in to a contract as you've paid that off by paying the early upgrade fee. So you're now free to shop around and get a much better deal than O2 was offering you :wink:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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But, on the plus side, you're no longer tied in to a contract as you've paid that off by paying the early upgrade fee. So you're now free to shop around and get a much better deal than O2 was offering you :wink:

 

I appreciate that, but I want my £297.00 back.

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I appreciate that, but I want my £297.00 back.

 

was your contract one with two parts the phone cost and the tariff , if so the £297.00 would be for you to pay off the phone part of the contract so I cannot see you getting it back . Like sonmeone said you are also free of the tariff as well so that's a bonus

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