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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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First plus PPI


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Hi

 

Can someone please help me with claiming back PPI on a firstplus loan i used to have.

 

In Aug 04 I took out a loan for £11,000 added to this was £2,693.90 for PPI which made the loan amount £13,693.90, then a month later Sept 04 I took a further advance of £5,000 which took my Loan up to £16,000 and they added PPI to this £4040.85 so made the total loan £20,540.85.

 

For the first month my monthly payment on the first loan was £135.59 this is including PPI, for the second month onwards I paid £203.38 per month including PPI.. there is nothing on the paper work to show a break down of the PPI per month.

 

I paid this loan early in May 2005.

 

Thanks

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have you not already got a thread running on this?

 

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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ah i though i'd seen it...

 

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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let dj know you have started anew thread

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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Hi Whatamess,

 

Well done on starting a new thread and separating your different loans. This will make things much easier to follow and advise you on.

 

I have all the figures and information needed on your Firstplus loan and will do the calculations for you this afternoon.

 

DJ

  • Haha 1
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Im in a state of shock, i have just found a letter from the solicitors when i remortgaged to pay off this loan, it shows that they paid Firstplus £20,240.00 in May 05 the loan was for £16,000 and £4000 was interest so i have paid them all of the intrest on top for having the loan for 9 months surely i shouldnt have paid them the whole 4k and im shocked my bank did not notice this when i showed them all the paper work...am i totally off the mark here or am i right in thinking i just handed firstplus 4k for lending me some money for 9 months?

 

thanks

Edited by whatamess
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hehe

 

welcome to fleecers world

how do you think you and me stay in the gutter and the rich get richer doing nothing.

 

i bet that breif got something out of it too btw.

 

you should have gotten a very big early settlement reduction.

 

it should be on the agreement or its t+c's

 

if you settle this loan early etc etc

 

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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dj....

 

i smelt a rat when this user first posted.

 

the listing just didn't seem right.

 

he deserves every penny back

 

btw: i just dont have the concertration level much to resolve these issues at present so's thats why i'm glad you're firing on al of yours...good work this last few weeks.

very impressed.

 

i've got a 4th hfc thread to start which i hope will interest you

just got to wait till it goes past a milestone before i can post it up

and show my cards so to speak.

 

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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Hi Guy's

 

So I shall SAR firstplus and see what info they hold on me, as i have never SAR'd anyone before is there a certain amount of time that the have to respond in? Also is there any chance they could turn around and say this loan was over 6 years ago and hold no information on me?

 

Do you know i really cannot believe how we didnt spot this at the time but to be fair i only started to become clued up about any of this stuff since finding this site and what a site it is.

 

I will let you know the outcome and hopfully i can start getting back what is rightly mine

 

thanks;)

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no you should be ok

 

i thinks it best you do sar them.

 

let get all our ducks in a row

 

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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Whatamess,

 

SAR is a legal request on Firstplus to supply all the information they hold on you as a data subject and should include statements, credit agreements, any letters of correspondence etc......

 

Have a look at the sticky on the ppi homepage entitled " Full SAR for PPI " this will explain it in more detail and there is also a template letter in there. Just adjust the letter to suit your circumstances and send to Firstplus by either special or recorded delivery and include a postal order for £10. Keep the receipt for proof of postage.

 

Firstplus will have 40 calendar days to provide all the information.

 

Go get what is due to you whatamess.

 

DJ

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