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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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RBOS Will I have to find another account?


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I am new to here! I am reading up on reclaiming my bank charges and am in the process of finding information!

 

Will the RBOS make me close my account? I know I will have in the £1000's of charges as I had a really bad spell a few years back so it should be worth claiming for that but I also have resulted in having a bad credit rating so won't be able to open a decent account if they make me close my royalties gold account.

 

PLEASE HELP!:o :confused:

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Royalties gold - dear me, money for nothing. It's unlikely that RBofS will close your account as they make money out of it - so closing your account would be cutting their nose off to spite their face. There was a spate of banks closing accounts but that seems to have stopped.

However I would, just in case, open a parachute account. If your credit rating is bad you may still be able to get a decent current account (with no fees, unlike Royalties). I would only try and open a new current account once as if your dclined it affects your credit rating. If you are declined, opening a basic bank account is an option. The best one would appear to be Bank of Scotland as you get a debit card with it (most basic bank accounts you only get a cashline card). You can still set up DD's and SO's with a basic account but will not be allowed an overdraft facility and will not receive a cheque book.

I would consider moving from a Royalties Gold account anyway if you can even if they don't close your account.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I agree! Having been RBS royalties gold account holder for 10 years (no longer!) I have to question why I paid this fee (£12/month) for so long. I never used any of the benefits and often found when I tried to claim discounts on holidays, it would work out more expensive!!

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Was seriously considering moving from a Royalties account anyway so no loss there! Will check out the bank of scotland.

 

As like many others I very rarely use the so called benefites!

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Forgot to say that there are no credit checks for a basic account - so all you have to do is prove i.d.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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We claimed off RBOS and they didn't close our account, but they did take our switch cards off us. We opened a second account with NATWEST- a step account gives us a debit card and online banking, but no cheque book. We left hubbies wage going in RBOS with all the direct debits for bills on, and mine into the step account as cash to use for food petrol etc. So far has worked well for us and I'd rather not have a cheque book as too tempting to write them "just before" payday and get ahead of yourself.

Go get your cash :)

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Going to try for the Bank of Scotland Account first I think then will find a good draft letter to send re charges.

So let me get this straight! In Scotland can you claim for the full 6 years? AND My charges will surely be over the £1500 mark does this mean I wont get over that?

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In Scotland you can only claim back 5 years (there is a way of potentially claiming back more but this is yet to be proven). As your charges will be over 8 weeks you will have to go through the FOS. This means that you need to wait 8 weeks after your initial complaint before getting them involved. The FOS allow 8 weeks for the bank to resolve a complaint. I would therefore initially send the bank a general complaint about the charges they have levied on your account, rather than wait until you have received the results of your SAR. This sets the ball rolling in terms of you having made a complaint. You can then firm up the complaint at a later stage when you have received the results of the SAR.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Sorry that first bit should read as your charges will be over £1500

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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