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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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SD received from Lowells on 'dodgy' sold welcome finance loan[s]


Miky-J
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hii

i sent my application to have this set aside on the 26th april.

 

today i have received a letter from BW Legal saying they have contacted the courts

and i have made no such application.

 

Also they claim that there client has no pending dispute on file.

 

they state that if in 7 days i donot make satisfactory offer to pay they will contact the courts to petition of bankruptcy

 

Thanks

 

Miky-j

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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Hi i have spoken with the courts today my self and

 

they say they have not yet received it and advised me that i should resend it with a note attached

with reference to the phone call i had with them.

 

i find it weird how the loan was secured against my property but welcome seem to have lifted the bond to my property.

 

i also find it very weird how not once has my wife been mentioned in amy of the correspondence from bw legal.

 

when it was a joint application for the loan i have quoted the section 3.7 of the oft guide lines part f

but they seem to be ignoring me.

 

but i have not mentioned any of this information to them as i may be ale to use it against them

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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  • 1 month later...

Just a quick update.

 

BW sent me a letter saying i was to provide them wit documentation of the account being in dispute

and that they had contacted the courts to see if i had made an application to have this set aside.

 

Also they claim that i have not made any application.

 

But*i have taken the papers personally,

 

I am not surprised that they threatened me wit a bankruptcy petition

if i did not provide them with the documentation the required with in 14 days.

 

back in april and i have heard nothing else from them when i responded again by saying the account was in dispute

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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ok coming on-board here

 

have you got that SAR back yet.

 

let me just give you mythoughts on what has happeed.

 

I bet the org loan which was secured has been closed and a new agreement taken out in your name and signed by

welcome finance staff

 

very common thing for them to do

looks like 90% of the debt will be PENALTY charges & PPI

[yes I bet they didn't refund everything correctly!!]

 

welcome have sold this debt for a reason

the SAR will be VERY revealing.

 

so to this point in time

you've NOT got ALL the statements for ALL the loans ever had

and

you've NOT got copies of the agreements?

 

if you have aNY paperwork like the above

 

then please scan them up.

 

please use the instructions below

and NOT an external hosting site:

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

i'l do you some spreadsheets once I have all the info

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

Just a quick update as been off the net for some time after sending a letter to the solicitors regarding the SD they pass the account back and I've not heard anything since :lol:

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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well done

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 months later...

HI guys update time again. Received a letter from BW Legal again few days ago. Stating they have spoken with there client and decided to with draw the statutory demand and now proceed through the county court.

 

I had the stat demand set aside back in 2013 so not sure what the mean by with drawing it. Also i think there pushing not to try and get a CCJ due to it becoming status barred in little under four months time,

 

Any Thoughts

 

Miky-J

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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