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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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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 i sometimes look in on that site but not as good as cag! Though i have got a few helpful tips from trawling their threads sometimes,i dont think it is moderated the same as cag so more likely to get questionable posts up on it i suppose and yes they seem to be not so militant against the actions of DCAS!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Moneysavingexpert forums

 

I've just registered on there - the forum is a little (lot!) less millitant (belligerant/aggressive) in it's attitude to debt collectors, but there appears

to be a lot of people receiving what I would call "questionable" advice.

 

Dare I say DCAs in disguise?

 

I'm registered there, which part of the site(don;t say reclaims cos that is me ;) )

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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You cant say boo on that site without some jumped up mod giving you a warning & the amount of rules you can fall foul of for the slightest thing is just rediculous.

At least on here, they are alot more relaxed in what is to be tolerated etc..:)

Oh & the more militant..the better ;)

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You cant say boo on that site without some jumped up mod giving you a warning & the amount of rules you can fall foul of for the slightest thing is just rediculous.

At least on here, they are alot more relaxed in what is to be tolerated etc..:)

Oh & the more militant..the better ;)

Hi Mr ton!

i agree! :D:D:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Yes I am always startled by the nasty and belligerent attitude taken towards people seeking help on those forums; I generally just look at the money saving bits, but after someone on a forum here thanked me for offering them 'non judgemental' advice compared to that which he had received on MSE I took a look at the rest of the forums.

 

It made for depressing reading, talk about kick someone when they're down.

 

I hope they find their way here; I was tempted to post a link but that would probably get me banned.

 

I tend to make a point of giving those I agree with a vote of thanks and ignoring the rest.

Edited by zazen.warrior
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Yes I am always startled by the nasty and belligerent attitude taken towards people seeking help on those forums; I generally just look at the money saving bits, but after someone on a forum here thanked me for offering them 'non judgemental' advice compared to that which he had received on MSE I took a look at the rest of the forums.

 

It made for depressing reading, talk about kick someone when they're down.

 

Which is why I've given it a pretty wide berth, and ignore their emails now.

 

In that situation you don't need judgement, assistance is more important!

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Just loked at that forum and know what you mean! someone was told that they must lock all their doors and windows and that a ordinary doorstep collecter from capquest was allowed to legalllly just walk in:eek:

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Its alright read further down thread and someone corrected that remark"!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Just loked at that forum and know what you mean! someone was told that they must lock all their doors and windows and that a ordinary doorstep collecter from capquest was allowed to legalllly just walk in:eek:

 

WTF :-x

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I am similar to what was mentioned above...i look at the money saving sections/freebie section sometimes...but other than that, there's nothing of any interest to me & most people give incorrect advice and dont know their @ss from elbow when it comes to debt matters.

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The over powering rules on MSE dont help either.:(

You are very limited in what you can say on there before a mod pounces on you etc...

Half of what we advise on here wouldnt get accepted on there & thats why some poor individual will be convinced that a DCA can legally just walk into your house etc...:mad:

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  • 4 weeks later...

They seem to be defeatists , with the names they pick .. 'unlucky jim' .. 'up to my eyes in debt' , and the threads they title .. 'hanging my head in shame ' . They have the wrong attitude to start with . I know a lot of these people have been accosted for a long while by phone and letter by these dca's , but they won't prevail with that kind of attitude . Not in fighting debt collectors or any other aspect of social interaction.

 

It seems like a breeding ground of defeatism to me .

Edited by Drexl Spivey
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It was from MSE that I learned of this site and never looked back , it was also the site where I first found others in debt and began to plan to get out of debt , this was helped by finding this site and I now talk quite openly of being in debt which in turn has found me many friends most of which have joined CAG .

sleepingdog

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They seem to be defeatists , with the names they pick .. 'unlucky jim' .. 'up to my eyes in debt' , and the threads they title .. 'hanging my head in shame ' . They have the wrong attitude to start with . I know a lot of these people have been accosted for a long while by phone and letter by these dca's , but they won't prevail with that kind of attitude . Not in fighting debt collectors or any other aspect of social interaction.

 

While I agree with you, it's still all too easy to get into that mindset when you find yourself in that situation.

 

That's what depresses me about MSE, because it seems Martin's heart is in the right place, and a lot of people seem unaware of the options that are available and what they can do...

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