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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Anyvan booked and didn't show so lost all possessions.


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I booked a removals through anyvan for 2-4pm yesterday.

 

We were only given a very small window by the landlord to remove our possessions after eviction.

 

I called the anyvan driver at 3 to find out where they were and he gave me his office number. I called them she said she'd speak to driver and get back to me. Someone from Anyvan HQ called me back at 3.15 to say driver was delayed and wouldn't get there before 4pm.

 

I was very upset as we had been told there was no possibility of having access after 4pm, and the door was promptly locked at this time with many possessions still inside.

 

Landlord says they have filled their obligations, and looking through anyvan t&c there is no possibility of a claim for loss unless the goods were picked up!

 

Does anyone know of anything I can do, to either get my goods back or sue anyvan for their loss.

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So you have a 2 fold problem here.....dealing with your possessions first....

 

Bailiffs don't have to give you extra time to pack your things.

 

They can pick up your belongings and put them outside or lock them inside the property. You will then have to arrange a time with your landlord to go back and pick them up.

 

Bailiffs must not damage your belongings. The bailiffs should not take anything of yours to pay for their costs or to cover any rent arrears, unless the court gives them a separate court order to do this.

 

Your landlord must keep your belongings safe for a reasonable time if any are left behind. You could be charged for storage, removal and disposal if you don't collect them. Usually it is illegal for your landlord to destroy or sell your belongings.

Now onto the removal side......

 

http://www.thisismoney.co.uk/money/experts/article-3260465/I-booked-delivery-driver-AnyVan-website-phony-one-turned-instead-swiped-3k-piano.html

 

Regards

 

Andy

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Thread moved to the appropriate forum...(Postal and Delivery Services) please continue to post here to your thread.

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What would you say is the value of the goods inside? Are there a lot of goods? Are they voluminous?

 

Also please can you tell us a bit more about the eviction. Was this the result of a court order?

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Not a huge value, but it would be very difficult for me to replace them at this time.

 

It was 2 sofas a double bed and dining table. I took the smaller things myself

 

It was the landlord who gave me the time to go in, but said the sheriff told him just to give me 45 minutes, so he feels he has met his obligation.

 

See my post #2

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I did, I thought I;d responded to it, landlord says he;s met his obligation.

 

From your link I have no chance with anyvan.

 

Well he hasn't....arrange a convenient time to collect the goods otherwise issue a court claim for the value

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It's up to you – but if you would like to threaten and then bring a legal action, you could probably successfully sue the landlord for the tort conversion under the Torts (Wrongful Interference with Goods) act if he refuses to let you have your furniture.

 

Of course I suppose that he will get pretty nasty in return and try to levy a charge for storage. The landlord is certainly liable to keep the goods in a decent condition and not to destroy them or to sell them. On the other hand, you would probably be liable to me is expenses and if he decided to move them out and store them somewhere you might find yourself incurring heavy bill.

 

I'm afraid I don't think that you have any chance against the van company. Clearly they have been negligent/breach the contract but I would imagine that they would argue fairly successfully that your losses were not a foreseeable consequence of the late arrival.

 

I suppose being evicted was a pretty stressful and distressing time and of course losing some of your principal furniture must certainly have added to it. It sounds to me as if the landlord was a pretty unpleasant person and he certainly wasn't obliged to follow the advice of the sheriff and I think the sheriff exceeded his authority in giving that kind of advice.

 

I think you are in a difficult position. If you had told us that the property was worth £5000 or £10,000, I would have discussed the possibility of getting a locksmith along and entering the property and then replacing or repairing the lock. However, this would obviously have caused trouble although I think you could have successfully defended herself against it in the circumstances. But if the furniture has no great value then I'm afraid it simply wouldn't be worth provoking any further difficulties.

 

Of course I suppose the galling thing is that the landlord may decide to use your furniture in the house for his next rental. This would be unlawful of him that by the time you sorted it out and given the value, I think we would all be too late.

 

I don't often tell people to ignore the problem on this forum – but I'm afraid that in your case I don't think I've got any useful or meaningful suggestions to make. The only thing I think you could do would be to contact the landlord in a very polite and conciliatory way and ask for a one hour window to recover your furniture. However, if you've been evicted because you owe money then I think you're probably on a hiding to nothing. It may be worth trying though. The only thing at stake is some loss of face for you if he refuses

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I've just seen the response by site team member Andyorch. Now you have a range of choices.

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What if I am evicted by the Landlord ?

 

If the Landlord makes an eviction order against you, you have 72 hours after the Sheriff evicts you to get your belongings. During this 72-hour period, your landlord must keep your things safe in your place or nearby, and must let you get them any time between 8 a.m. and 8 p.m.

 

It is against the law for your landlord not to do this.

 

You and your landlord can agree to different rules about this. This agreement should be in writing.

 

 

The link is to a Canadian website and appears to be about the law in Ontario. Is it the same in England?

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Woops.....

 

Similar...corrected link.

 

If your Landlord intends to dispose of the goods then he is obliged by law to give a reasonable period of notice before selling them, commonly 21 days. If the tenant owes money to the landlord BEFORE service of the notification then the landlord is obliged under the law to keep the property for at least 3 months before selling them.

 

http://www.legislation.gov.uk/ukpga/1977/32/contents

 

http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

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My understanding is a "reasonable time" and this is usually a week for heavy stuff. The LL is right and wrong, if you had arranged to take the stuff away on a particular day then he can claim that you have abandoned your claim to title of the goods but if the time arranged with the shifters was on evictionday then I cant see that would fit in with allowing access to remove your goods after eviction. You may have to go back to the judge who gave the eviction order to get an order forbidding the dispersal of your goods but a more practical thing would be to make a firm arrangement to have them removed under the watchful eye of the LL and stick to that arrangement. The LL wont want your stuff so if they are awkward it will just be for the sake of it and that wont go down well if you are forced to go down the legal route

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