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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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hello Ireiceved a letter asking me to pay up within so many days for a sum of 734.41 which apparntly I owe to capital one or legal action and door step visits etc.

So i sent a cca request to them aswell as telling them my rights about door step visits harrasment and that I do not acknoledge the debt.

Today I recieved two letters from capquest both with the same date, one saying that my account is now on hold for 28days whilst they obtain information and a second saying that "we can confirm that we are only working on behalf of our client, therefore there is no Notice of Assignment" .....what does this mean?? and what is my next step of action, ive only recently turned 19 it is very unlikely that I could have even been put into a credit agreement and I think they believe im an easy target..some help would be much appreciated ! cheers

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They're playing games, Capquest are the in-house collection arm of Crap1's. I take it you have never had a CC with them?
nope! that was the first I ever herd of it...
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If I'm right and you have never had a credit card with Capital One you should make a complaint to the Trading Standards via Consumer Direct Consumer Direct - Contact us and to the OFT [email protected] if they continue to pursue you for this alleged debt.

 

If you have any further bother from Capquest or Cap1 just give a shout. ;)

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If I'm right and you have never had a credit card with Capital One you should make a complaint to the Trading Standards via Consumer Direct Consumer Direct - Contact us and to the OFT [email protected] if they continue to pursue you for this alleged debt.

 

If you have any further bother from Capquest or Cap1 just give a shout. ;)

 

ta, i think its a bit rediculous they just scare people into giving them money, what should i do in the meantime ie the reply to this they dont have a notice of assignment..does this mean i can tell them with out this they cannot enforce any more action towards me?

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Thanx for the correction ScarletPimpernel

 

If it's not your debt they cannot do anything. One of two things could have happened, someone could have used your identity to create an a/c with Cap1 or they are chasing someone with the same or similar name. If you've recently moved it's probably the latter.

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it was always Mr A T***** in there letters not my full first name, i never replied using my full first name but now on theese two letter it does have my full first name, shall i just write them a letter saying i still dont acknolwedge the debt and will cease communication until u can provide me with evidential proof that myself have been entered into a credti agreement until such such time i will be reporting this case to the OFT ? obviously worded better and spell checked lol

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You don't have to do anything. The onus is on them to prove that you owe the debt which they can't because they are chasing the wrong person.

 

They are contacting Cap1 to get the information & if they do send a copy of the CCA to you then complain to the ICO because they will be in breach of the Data Protection Act too, so deeper in the brown stuff. ;)

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i see im sorry to keep going on i just dont understand the second letter, the first one says i dont have to do anything and wait for them to prove.... the second one says that there working on behalf of there client therefore there is no notice of assignment and I have 14 days to reply to that one..can you see what im getting at lol..is that there result for finding the documentation or not

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It's just the normal gibberish that a DCA comes out with, half the time the don't understand themselves what they write. All the notice of assignment means is that their client has sold the debt to them. It is a legal notification which is sent to the debtor to inform them that the a/c has been passed to a debt collector. You would never have received this because it would have been sent to the last known address of the person who actually owes this debt.

 

What has probably happened is that someone with the same name as you has had an a/c with Cap1 & for whatever reason not paid them. They could have died, moved or just done a 'runner' & Capquest have done a search for people with the same name & yours has popped up. When you got their first letter they would have been fishing, and you have taken the bait by sending the CCA request. Because you requested the agreement they'll be 99% sure they've got the right person because in normal circumstances people will ring them up and ask what the hell they're on about or words in a similar vein. ;)

Edited by cerberusalert
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oh well, its only cause ive sent a cca request before for an actual debt it put me in the clear that i decided to use one again just thought if i send it it they cant prove anything and then relaise theve made a mistake.... i know what debt collectors are like they come round and **** u off and if sumone turns up at my house i will get ****ed off so a i nce letter will supress the anger lol, we had two people in a van turn up at work to take computers away because apparntly we dint pay business rates which were paid like 7 months prior nd it ended up in two large men getting forced out of the property lol

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