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    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Help with defaults, Lowell & Three


tski18
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Hi,

 

I know there are a fair few similar threads here about the same type of things but I wanted to put down my details here in case there is any guidance with my specific situation.

 

I recently started looking into my credit report after being refused for a credit card.

I generally don’t use credit products but was advised that I should as I’m looking to get a mortgage in the next 2 years.

 

I found I have 4 defaults on there.

2 From Yorkshire Water.

One from Lowell (relating to a BT account).

One from Hutchinson 3G (Lowell).

 

The 2 Yorkshire water default are being removed after conversations with them.

These were at 2 addresses I was registered at living in but never actually did.

(A bit complicated, I rented a room in a property but was living with my girlfriend at the time. Early relationship, needed back up)

 

The Lowell default relating to BT is from one of these properties, but I put my name on the account so I accept this one.

 

The Three one is where it gets a bit more complicated.

My Mobile Phone contract is with Three and it has been for 7 years.

I have never missed a payment or been late with payments.

 

The problem with the default is that it’s showing separately and is registered at my parents address.

I live there when I was younger but not for about 12 years.

My father has the exact same name as me and lives at this address.

 

I believe this default is related to him in some way but I have tried contacting Three and they can’t find any record of the default. On the credit report it looks to be linked with my DoB but once again, I have no idea why.

It’s getting increasingly difficult getting any information out of Three in reference to this so I’m a little bit stuck.

 

Any advice on what my next steps should be in terms of both of these outstanding Debts would be great.

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How have you been corresponding with 3?

 

 

If it's over the phone or email then STOP, write to them, it might be worth sending them a SAR under the nnew GDPR rules and have them send you everything relating to your account.

 

 

 

If you can prove this isn't you account then they will have to remove the default.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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what dates are the defaults?

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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Hi,

 

I have been corresponding with Three over the phone. I have sent a SAR request using the form available on there website. Each time they have told me they can't find any reference to the default.

The date of the default with Three is 22/01/2014

 

The other default with Lowell has a date of 17/05/2014. I haven't had any correspondence regarding this one as of yet.

 

Thanks

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the defaults are within 6yrs so under the prevention of fraud act

and

the data protection act

 

they must hold data for 6yrs.

 

send them a letter stating thus and if they don't produce the data

you will open a serious complaint with the ICO and seek financial compensation

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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Will Do, Thanks for the advice.

 

Honestly, I'm not as concerned with the BT one as I am with the Three one as I'm pretty sure that's on me but there's no harm in questioning it.

 

Thanks for your help.

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  • 1 month later...

Hello,

 

I just wanted to post a quick update on this topic.

 

Three eventually managed to find the old account but are yet to respond to the SAR.

 

They had sold the debt to Lowell who I also submitted an SAR to and have not received a response. These were all sent recorded delivery and we are now past the 30 days of when they received the requests.

 

I admit I did make a mistake and emailed Lowell asking for an update on timescale which Bazooka Boo advised against which is my bad, but they replied to this stating they have 40 days which confused me.

 

Should I send another letter warning them or complain to the ICO directly.

 

Thanks

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they only have 30 days

off to the ICO

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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