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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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


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20th march 2006. Went into local branch (8 miles away), and asked for 6 years of statements, only to be told thats going to cost you, well they wanted around £400. Phoned the head office later that evening and once again told that its about £400 for all my statements. stating that under the DPA disclosure request i would pay no more than £10 he dissagreed with me, then after having a word with "the statement department" for about 4mins, he came back on the phone and said that they agreed to £10. He said that £10 would come out of my bank account. after 4 days no money went out of my account.

24th march 2006. I downloaded the DPA request form, enclosed a cheque and sent it recorded delivery.

3rd april 2006. Result! all bank statements for the past 6 years turned up.

10th april 2006. Letter sent to Woolwich head office, claiming £1332.50 in charges,(no interest added at this time).

14th april 2006. Letter arrived from the Woolwich, which reads,

 

dear mr d

customer ref xxxxxxxxx

 

Thank you for taking the time and trouble to tell us about your dissatisfaction with our service. we work hard at the Woolwich to deliver a first class service to our customers and we are sorry that you feel let down on this occasion. You can be sure that we will do everything possible to put things right for you now, and so that we improve our service in the future.

We would like to explain what happens next regarding your complaint,recieved on the 11th april 2006.

We have taken responsibility for fully investigating the issues you have raised, and we aim to resolve this matter by 15th May 2006. in the meantime, if you have any futher information, queries or concerns, please contact us on 0845 0700 360. pleasehave your telephone security to hand when you call.

May we assure you that your comments are extremely important to us, and we will respond to your complaint as quickly as we can. For more information about how the woolwich works to resolve complaints, please see the enclosed leaflet.

yours sincerly,

xxxxxxx xxxxxx

sales and service manager.

 

 

 

should i get in touch to find out why it will be over 4 weeks to check my account?,

 

or

the wee man fights on!

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should i get in touch to find out why it will be over 4 weeks to check my account?

Not at all. If you used a library template letter, you will have given them 14 days. They can take as long as they like, but you really SHOULD send your next letter after 14 days.

 

This is your timetable, not theirs, your money, not theirs, your claim, not theirs.

 

Good luck with the claim.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Upon reading a few threads last night, i am posting a letter granting the Woolwich 7 days in which to reinstate all money taken from my account, or a court order will be issued. Lets hope that does the trick.

the wee man fights on!

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  • 12 years later...

This topic was closed on 08 March 2019.

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the wee man fights on!

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