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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?
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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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MBNA. PPI..plevin complaint.***Success***


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gI have also recently received a letter from MBNA regarding the same thing.g

 

In this letter they say,.. " You could now receive some money back if we took a high level of commission on your PPI policy but did not tell you this when you bought it.

 

A high level of commission typically means it was over half what you paid for the policy. Generally we do not tell PPI customers about our commission at the point of sale, as we were not required to ".

 

Interestingly the reply address they give begins with........MBNA Plevin Proactive.

Unlike Welcome they include a form to be completed.

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Hi everyone.

Sometime ago I asked MBNA to check if I had PPI with them, their reply was no.

 

Recently I received a letter from them inviting me to make a new inquiry/complaint regarding this.

They said that I could now receive some money back if they took a high level of commission on my policy, they went on to say that in general they did not tell PPI customers about their commission at the point of sale as they were not required to.

 

I should add that the reason that they sent me this letter was because I had previously inquired about PPI, I would suppose that had I not made a previous inquiry they would not have contacted me. If you suspect that you may have had PPI with them it would be best to ask CAG if they can help.

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Sorry, could you just clarify your statement "If you suspect that you may have had PPI with them it would be best to ask CAG if they can help. "

 

Does this mean that somebody has recommended you to contact us?

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its regard the new plevin ruling.

 

no harm in asking but its not YOUR PPI you reclaim but their secret commission they got IF there was PPI

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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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 4 weeks later...

Sorry I can't find the original thread for this..Mbna wrote to me saying that although I had asked about PPI in the past and they told me that It wasn't mis-sold I could now ask them to look again under the Plevin ruling.

I filled in the enquiry/claim form they had enclosed and returned it.

 

Today I got a letter, part of which reads

"A high level of commission and profit share typically means that it was over 50% of the total PPI premium you paid. Generally we didn't tell customers about this as we weren't required to "

 

.Decision..we're upholding the undisclosed high commission complaint (Plevin ) and to calculate your redress we've.

1. refunded any commission and profit share above 50% of the PPI you've paid.

 

2. refunded the historic interest paid on 1 ( above ).

 

3.added annual simple interest at 8%, where you should not have been charged interest.

 

Amount of applicable commission and profit share...……..£81.59

 

Total amount of fees refunded...……………………………………..£0.00

 

Amount of historic interest...……………………………………………£47.29

 

Applicable 8% gross interest...………………………………………..£39.02

 

Less UK withholding tax...……………………………………………..-£7.80.

 

I don't know what reaction I should have to this, Is this response correct ??.

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Threads merged.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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there is very little chance of ever finding out if a plevin reclaim is correct

I doubt they would dare get it wrong.

 

do you know how much PPI you paid have you the statements?

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'm not displeased with the outcome, they say they will make payment within 28 days, when it's cleared in the bank I'll transfer it to the DMA that's handling the outstanding debt. I feel as if I've accomplished something and tied up one loose end.

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no don't blindly pay it to a CMC!!

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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Don't you think that MBNA will contact the company that is currently handling the debt informing them that they've just paid out on a Plevin to one of their debtors. The amount owed is a little over £900, wouldn't that company demand that I put it towards reducing the debt ?.

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they will cancel the contract

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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Nco?

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

nco are a powerless DCA

a dca are NOT bailiffs

 

you do realise they are probably taking a cut of your payments.

 

if MBNA have written to you with a refund

how are they saying they are going to pay you it back?

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 would suspect you wont see it then it will reduce your balance

but i'm sure they have to notify you of where and how it is being paid.

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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Then I guess the best thing is to do nothing and wait to see what happens, do you think that the people who are working on the Plevin claims will check the account history and realize that the debt exists and has been placed with a DCA.

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I doubt NCO have been assigned the account...and MBNA still own it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Then MBNA will either off set it against any existing debt or pay it directly to you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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OK thanks, I'll just have to see if it pops up in my bank acct, but yes you're right MBNA will let me know if they're going to deduct it from the debt. Either way it's a good result....the debt gets reduced or the PPI refund comes to me. I'll post the result as soon as I know which way it's gone.

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