Jump to content


  • Tweets

  • Posts

    • 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?
    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

abbey loan


krimo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5848 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi good people i really need your please. about 3 years ago i run through difficulties i had a loan with abbey national for 7k so i called my dmp they help me after my dmp contacted abbey finaly they agreed to freeze the interest on the loan .yersterday i received a letter from debt agency asking for 11k not the 7k so i contacted my dmp they asked me to contact abbey to get their correspondance address wich is located in grafton milton keynes . i need now a template asking them for reversal bank charges . please can you advise where to get the template also is there anything else i can do to stop them for adding that whooping amount of money on the top the loan please help me...

Link to post
Share on other sites

you can find the templates under A_Z and they are all there for you

i would def write to abbey for the charges

have you still got the letter stating that they will freeze the interest charges

take a look at my thread if it will help you any but im going to take a look for you on other threads

so bear with me

my thread is

 

abroadgirl v abbey

 

hugs

abg

Link to post
Share on other sites

hi abroadgirl many thanks for you reply i dont know when they freezed the interest on the loan they did it with my dmp about 3 years ago no i dont have the letter with me but i do have the contract for the loan can this help looking forward for your reply

Link to post
Share on other sites

  • 2 weeks later...

i have an abbey loan and an old bank account. I have not paid anything towards my loan since the abbey refused my offer of £1, this is due to being unemployed and the payment protection insurance not paying out after 12 months. I am now waiting for the court papers to arrive so i can get the court to sign off on my offer or force the bank to make me bankcrupt. The quicker the better. I have claims in for reclaiming all charges totalling over £1600,but due to the ongoing court case this is on hold.other problem is the oft says the banks can still chase you for charges until a final decision is made.

Link to post
Share on other sites

  • 3 weeks later...

it is very frustrating waiting for outcomes to oft court case which is now July at earliest,then oft and banks can appeal could take over a year to sort. in the mean time my debt counsellor is contacting abbey to offer them £1.00 month if they accept all well and good if not i do not care,due to so many debts i will have to file for bankruptcy.only way out with over 23,000 pounds in debt. lets see what happens we may see banks surrendering to us claimants.:D

Link to post
Share on other sites

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

Please take this letter as notice of an offical complaint about the behaviour of your organisation. I now require details of your Complaints Procedure within 7 days.

 

 

I/we look forward to your reply.

 

 

Lowells/Red Debt/Hamptons are all tentacles of the one organisation.

 

Lowells play good cop Red bad cop and Hamptons are supposed to be the scary ones. They try to give the impression that they are solicitors and that when you get passed to them Court is the next thing. Total nonsense of course. They have to prove

1, A debt actually exists

2. You are the debtor

3. They have a lawful right to chase you for the debt.

 

As they have failed on at least two of the above points their threats are hollow so do not worry about them and their increasingly laughable attempts to con you into paying someone elses debt

__________________

Link to post
Share on other sites

hello well i have a reply frome the lowells your not going to believe this

i am having to type it as scanner is playing up

 

heres it is

carnt wait to read your comments

 

futher to my letter dated 31st dec i have now investigated your complaint fully and will respond as follows (they have to cover themseves and put there norm dont they

 

Your comment that you have no knowledge of this debt has been noted as you are aware this this debt was purchased from our client in the later part of 2007 (the liars still i guess they have to cover themselves)

 

we have recently carried out futher enquires on reciet or your recent correspondence the result of which cofirms the above

your comments that we have breached various regularty guidlines as outlined in your correspondence are therefore not accepted as we have addhered to industry and regulatory guidelines in our attempt to recover this debt which we believe you are liable for (lies) lol

i acknowledge your request for documentary evidence that proves your liability for this debt

unfortunatly we are unable to provide you with this documents (i wonder why)

relating to this account due to the age of the account (now they said above 2007 mmm strange)

whilst investagating your comments it has also come to light now that this debt is now subject to secrion 5 of the limitation act 1980 (does anyone know what it is plz)

following from above the above the decision has been taken to cease collection activities and close the account forwith you should no longer be contacted with regards to this matter please be informed that this decision has been made for the reasons outlined above and not as an admission of any wrongdoing whatsoever

please note that under the terms of our complaints proceedure this is our final responce should it be the case that you remain dissatified you may refer your complaint to the financial ombudsman please see the enclosed guide you need to do this within 6 months of the date of this letter for more info please see the the enclosed leaflet etc etc

chido asirgbu

 

tyvvm for all your help hugs

abg

user_online.gifreputation.gif vbrep_register("1318253") report.gif

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...