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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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.
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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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Lowells withdrawn full & final settlement offer


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Back in July I got a letter confirming a full and final settlement from Lowells to pay off my Littlewoods account. I had to pay the £800 by 25th July.

However, my father passed away and obviously had other things to think about. But I made the full payment a few weeks later in August.

Because of the delay I wrote to them telling them the reason for the delayed payment and asking for a written confirmation that the account was cleared.

As I never heard from them, I assumed all was fine and I had done the good thing and cleared one of my debts!!

This morning I got another letter (1st I heard from them since my payment) saying I owe a further £500. Phoned them and they said is was because I did not pay in time.

Can they do this and how would I go about disputing this? My letters obviously dont get answered there and when I phone its just some 18 year old idiot on the phone who doesnt know what hes talking about.

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Yeah, and its all cleared. Now its just an issue of this coming back to haunt me. Thought this was all cleared and paid off.

It was one of the nicest feelings to file away these papers for good and not having to deal with it anymore. Nothing is ever as good as it seems I suppose.

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When you sent them the cheque, did you refer to their offer at all?

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I paid over the phone and referred to the offer. The girl on the phone still kept saying there was £500 left to pay however, and had to keep telling her about the offer I was sent. She would have none of it and tried to get me to sign up to direct debits, standing orders, get all my details... you name it she wanted it from me!

I had to end the call as she wouldn't listen and was just following her scripts and thought I was better off getting through to them by letter instead.

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Sorry but here is another example of someone who does their business on the phone and doesn't record calls even though you are dealing with a discredited and disreputable industry.

In the circumstances I think that you will have a very difficult job saying that your payment was in F&F.

 

You could send them an SAR asking for screen notes and telephone recordings - but they are unlikely to be able to supply you with the evidence that you need.

 

Spend £100 on a Truecall and you will never have this problem again - or do everything by letter

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I understand what you are saying, but should it really be that bad to contact somebody by phone?

After all, i just thought I was doing the right thing and clearing my debt. In hindsight obviously this was wrong. But am now in the position where i am asking what to do next.

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You are right. One should be able to do one's business on the phone with confidence but you can't. I am sure that you have seen all of the warnings about this all over the site.

Now it has happened to you.

 

I have suggested your next step. Send an SAR.

 

However don't get your hopes up.

I don't really know what else I can say to you.

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