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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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


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This morning on checking online I find that I have been charged referral charges of £30 for April. The only times I went over the limit was when the bank charged £60 referral charges for March without any prior notification - I paid cash in to cover it as soon as I was aware - the following day. I also went over when a direct debit (to the bank itself) was made that had been cancelled five days previously because the loan for which it was set up had been paid off. Bank advised that it had not received enough notice to cancel the direct debit - it had received full payment of the loan for heaven's sake!!!!!

 

 

This is only the latest in a long line of charges. The bank made a mistake which cost us a considerable amount of time and expenses for which we have never received a penny in compensation. It has admitted its error but as a direct result of this we had financial expenses and found that the bank has been profiting from its own errors and we are still paying for it.

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  • 1 month later...

Well the bank has refunded the £30 charges with a letter explaining that it was not at fault - it had no duty to notify me of the £60 charges - I should have know about them beforehand. However, I have again been charged £30 because I went over with the £30 charges it charged before!!! Just cannot seem to win.

 

they have also now played another blinder. When we took out a bank loan it insisted that we take out a life insurance policy although we had insurance to cover about three times the amount of our borrowings but apparently these finished eighteen months before the loan ended. They would not let us take out a policy to cover what would be outstanding after 20 years repayment but insisted that we take out a policy for the full amount. This has cost us £90 a month for 15 years. I am sure we could have shortened the term of the loan but the bank wouldn't hear of it. I am sure the extra loan repayments would have been less than the amount of the insurance payments. The bank insisted that it had to protect itself etc. etc.

 

Well, anyway we sold the property and were able to repay the loan in full and wanted to cash in the insurance policy (there was a small savings element £5000). We got a quote from the insurance company that the policy was worth £5500 but they wanted the policy back from the bank before it would encash it. the usual blurb that the amount of the policy could change etc. Well we wrote to the bank (who should have returned the policy at the time of paying off the loan. No response - wrote again. Still no response and wrote again. Guess what - they lost the policy!!!! No apology - just a copy of a letter they wrote to the insurance company informing them that they should issue us with another policy. No (sorry but let us have a bill for the extra costs or anything). anyway the policy paid up - £600 less than the first quote.

Will write to RBS asking for their comments first but will be prepared for yet another battle with them.

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  • 4 weeks later...

I wrote to the bank asking why they had not responded to our letter, returned the policy and their comments on the loss of £600 on the value of the policy.

The response was that they did not have to return the policy unless we specifically asked and that policies encompassed all borrowings. When the business loan was taken out we were specifically asked to take out additional insurance even though we had more than three times the amount of the insurance needed, only the policies ran out about 18 months before the end of the business loan. We still had to take out a policy to cover the whole amount and not just the balance that would be outstanding for the last eighteen months,

 

The bank cited that the delay in returning the policy was due to the delay in receiving our letter (14 days in the post!!!! apparently) and had nothing to do with the delay in returning the policy. The policy was never returned - a letter from Sheffield said it had been mislaid - that in my opinion was the cause of the delay in replying to our letter. The response informing us that the delay was because of not receiving our letter came from Hull. I don't think that they knew of the letter from Sheffield as they totally contradicted themselves. Will now send them a copy of the letter from Sheffield.

 

I asked why they they had charged us two security release fees - in my opinion this was because there were two securities to release - the deeds and the insurance policy. But no - apparently they had taken two fees in error and refunded the second fee accordingly. They had never intended releasing the policy so they say, unless we specifically asked.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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