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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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      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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Churchill voided our buildings insurance


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Hi

 

We bought a house, last May in Norfolk.

 

We don't live in it. It was bought with our inheritance to retire to one day. In the meantime we rent one 140 miles away that we live in as we can't afford to retire yet.

 

Our house in Norfolk was bought with the intention of renting it out until we can move in about 4 years time.

 

We had some work to do in the house to make it fit for tenants, and we (wrongly as it happens) thought we would be liable for capital gains tax if we rented it in the first 6 months, so knew it wouldn't be tenanted straight away. We have finally got a tenant, with the contracts ready and signed to move in at Easter.

 

When it came to insuring it, it was hard work. Because we didn't live there, but it wasn't a holiday home, and it didn't have a tenant in yet.

 

We went through 'Your Insurance' online and filled in the forms to be given an appropriate policy. They placed our policy with Churchills, who sent us out the paperwork, which we checked through and that was that. The one point that stood out was that the house must NOT be left vacant for more than 14 days. It wasn't an issue though, because of the work and decorating that needed doing we've been there pretty much every other weekend working.

 

Fast forward to the beginning of March and the ball valve in the water tank in the loft snapped. It wasn't the cold weather, it was simply the valve gave up the ghost. My neighbour called me within 2 hours of this happening and I was able to have the water turned off and the rest of the tank drained. Sadly though we lost all the upstairs ceilings, the carpets and the electrics were a mess.

 

We called Your Insurance who had an answer phone message at the time, due to the high level of calls they were receiving because of the cold weather. It instructed people to start interim work and send email copies of bills to them.

 

For us it was simply getting the remains of the wet stuff out to stop any more damage occuring, which we did immediately.

 

A few days later and we finally get though to Your Insurance. Within 3 hours they told us our insurance was invalid because we'd 'told them we had a tenant in place'. Apparently we did this via a phone call. As such, because there was no tenant then our insurance was invalid. Boom. They wouldn't actually go to Churchill with it as they said it wasn't valid.

 

I actually commented on Churchills page about the Brokers they had selling their policies and we were given a number to call them directly, which we did.

 

They went off to investigate, including the phone call and promised to come back to us within 4 days.

 

4 days later they called, and told us there was no record of this phone call, but we had clicked the wrong button on a drop down menu. They apologise for the mistake and say it may have been date inputted wrongly! Therefore we were still an invalid claim.

 

We have checked and rechecked our policy and there is literally nothing about it being tenanted or us telling them we had a tenant in there.

 

They have now told us they base their policies on 'assumptions' and sent us a list of these 'assumptions'. Again, we've breached none! They claim though that this 'compromises the integrity of the contract of Insurance' and this is sufficient to 'void' the policy. So now it's not 'invalid' it's just 'void' like it never happened!

 

They seem to move the goalposts every time we prove them wrong. I have a £200 electric bill for the last quarter, I have receipts from shops in the immediate vicinity, I have so much evidence that this house was not abandoned, but they don't want to see it.

 

More worrying they have told us have 'voided the policy for both properties from inception' which is odd. We only have one property! The one we live in is rented, however our contents insurance is through them as well on this one.

 

We've always made sure we have insurance and in 20 years we've made 2 claims.

 

1 in 2005, for a broken front door on the buildings, and 1 this year when our garage was broken into and my partners fishing gear was stolen. Both relatively small claims.

 

It feels now that they're trying to discredit us in anyway possible and I don't quite now when or how to approach the ombudsman or if its worth it?

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I've always thought that you required a different kind of insurance policy for any tenanted properties that you own, not your bog standard home and contents. Both of my tenanted properties have specialist insurance. Is this what you took out?

 

Sound like you're technically between a rock and a hard place - you weren't living in the property and it wasn't tenanted. I wouldn't imagine any homes insurance would cover that scenario.

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No. We were waiting for our tenant to move in. We are sure we did call to discuss the terms, since it was complex. They deny any call happening.

 

We have never claimed to have anyone 'living' in the house. They told us it must never be empty for more than 30 days at a time. We made sure it wasn't. We were working on it alternate weekends.

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If a phone call was made, then your phone provider will have details of the call you made (date/time, number called). Insurers and brokers do record calls and keep them for a period.

 

Suggest a Data Protection Subject Access Request to ' Your Insurance' to obtain all data.

 

Can't comment too much on the claim and voidance without any sight of documents. Normally if you meet the assumptions for the policy and do not deliberately give false information, you would have cover per the Insurance contract terms/conditions. The question is whether the Insurance was suitable for the risk. With a landlord policy, having someone living at an address is quite important risk wise, because they are there to deal with any issues that might arise, as well as being a deterrent to anyone looking to break into an unihabited property. If the assumption or declaration stated the property would be occupied and this was false, then Insurers would be entitled to void the policy. Hence get the SAR done to check.

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