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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

      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.
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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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yes, but if they try that nonsense

 

Politely draw the courts attention to the judgment of Lord Nicholls of Birkenheads judgment in wilson and first county trust

 

para 46-49 , which confirms that there can be no unjust enrichment where the lender gets the agreement wrong and its rendered unenforceable as a result

__________________

 

 

PT to the rescue as usual!!

 

Pointed it out as that line of attack seems to be common in the MBNA threads I have seen.

 

David

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right no one phoned as promised so ive just phoned the court and i can confirm the case has been adjourned i will get a new order in 14 days

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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PF - just pm'd you - hadn't seen this before doing it:rolleyes:

 

I'm so pleased you can concentrate on your dad tomorrow. I hope it's all ok.

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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right no one phoned as promised so ive just phoned the court and i can confirm the case has been adjourned i will get a new order in 14 days

 

Well done pf, best wishes for tomorrow, at least you can put this out of your mind for a while.

 

S.

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The adjournment must be a real relief...good look for tomorrow

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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right no one phoned as promised so ive just phoned the court and i can confirm the case has been adjourned i will get a new order in 14 days

 

Well done PF...now just concentrate on your family and doing your Dad proud tomorrow. Will be thinking of you...

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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right no one phoned as promised so ive just phoned the court and i can confirm the case has been adjourned i will get a new order in 14 days

 

So pleased to hear that PF.........will be thinking of you tomorrow.

 

Best wishes,

 

Landy and Mr Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Thank You GKTP and WM for the help with the letter and everyone else for there kind words of wisdom you and this site are truly fantastic.

 

The Manager ops sorry manageress was very helpful and could not believe how optima have handle such an easy request she said to me on the ophone that the judge was none too happy with optima also.

 

Optima if you are reading this i look forward to putting my left boot up your backside. lol

 

Anyway alls well and ends well.

 

Most of this afternoon I've been reading my tribute I composed I think its all up their and safely stored lol.

 

Oh said a new order will be sent out in 14 days and it will included the points that i did not do i.e. calling D.Powell to the dock which im glad about as she has a lot to answer for i also want to call the Optima case handler.

 

I hope that i am given the oppotunity to submit an amended defence too

 

Anyway THANK YOU ALL

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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If we ever meet one day the drinks are on me amazing really ive been on this forum now for 2.5 years and i still have not been to a meet.

 

So that will be on my book to do one day real soon.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Im sitting here with a big smile on my face rofl not sure if its because optima were -issed -ff today lol they were hoping to turn up tomorrow and get a judgment by default or if its just because there has been a big weight lifted of my shoulders.

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Taken from the SRA website:

 

Not taking unfair advantage - 10.01

 

 

  • 1. Rule 10.01 does not only apply to your actions which arise out of acting for a client. For example, if you are personally involved in a road accident and use your position as a solicitor unfairly to harass or intimidate the other motorist, you would breach 10.01.
     
  • 2. Particular care should be taken when you are dealing with a person who does not have legal representation. You need to find a balance between fulfilling your obligations to your client and not taking unfair advantage of another person. To an extent, therefore, 10.01 limits your duty to act in the best interests of your client. For example, your duty may be limited where an unrepresented opponent provides badly drawn documentation. In the circumstances you should suggest the opponent finds legal representation. If the opponent does not do so, you need to ensure that a balance is maintained between doing your best for the client and not taking unfair advantage of the opponent's lack of legal knowledge and drafting skills.
     

 

10.01 Not taking unfair advantage

 

You must not use your position to take unfair advantage of anyone either for your own benefit or for another person's benefit.

 

 

11.01 Deceiving or misleading the court

 

 

  • (1) You must never deceive or knowingly or recklessly mislead the court.

Oh i love this site hehe

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Im sitting here with a big smile on my face rofl not sure if its because optima were -issed -ff today lol they were hoping to turn up tomorrow and get a judgment by default or if its just because there has been a big weight lifted of my shoulders.

 

Glad you're smiling, PF:) Wish I lived closer to you - would love to watch you putting your left boot up Optima's backside:D

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Hi PF,

 

I appreciate the thanks and wish you strength for today. I can imagine just how you are feeling and would like you to know that the community is thinking of you.

Please take your time to get as far over your father as you can an remember we are here for you.

 

regards

 

GK

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If we ever meet one day the drinks are on me amazing really ive been on this forum now for 2.5 years and i still have not been to a meet.

 

So that will be on my book to do one day real soon.

 

Regards

 

PF

 

Me either! We need one down South!

Time flies like an arrow...

Fruit flies like a banana.

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ok leave it with me and ill organise something around august time

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya Lexis,

 

Good Afternoon

 

Yes im feeling ok today i have been reading up on the SRA website boy have they broken many rules.

 

I will start writing my complaint to them this evening and also start preparing to get my case with MBNA back on track you know the the gist research and all get all info together.

 

I'M pleased to say i had very good dreams last night (that's not happened in a long time) about my dad and all the good memories.

 

Thank you for checking on me your a star :)

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya Lexis,

 

Good Afternoon

 

Yes im feeling ok today i have been reading up on the SRA website boy have they broken many rules.

 

I will start writing my complaint to them this evening and also start preparing to get my case with MBNA back on track you know the the gist research and all get all info together.

 

I'M pleased to say i had very good dreams last night (that's not happened in a long time) about my dad and all the good memories.

 

Thank you for checking on me your a star :)

 

Regards

 

PF

 

Glad you're bearing up PF:)

 

Go get 'em;)

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Hiya All got new order through today is now set 4 15th june 09

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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That's good news PF, gives you a little more time to get yourself organised.

 

:)

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Hiya All got new order through today is now set 4 15th june 09

 

Hi PF, glad everything went as well as could be expected this week.

 

this thread is sooooo longggg :D:D (popular guy!) stay strong and if we can do anything to assist with the case just shout.

 

S.

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