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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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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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      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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RECORD all calls with all providers to protect yourself.


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I through recording calls with orange was able to prove they were not worthy of my custom and what I think of them would get cagboted, so I need to behave:madgrin:

 

I am now happily the owner of two contracts with 3 and happy, especially as it was and is what on the tin and was my intention prior to being persuaded by orange when browsing that they could better and do the same, again comment re that is unprintable, bleep etc....

 

I am not silly enough to feel all providers or even 3 as I am happy with them are angels, we need to record calls with all as well a two year contract if goes wrong can be an ankle chain holding you back and a cause of distress if can not prove miss sold.

 

On my first contract with 3 I chose a limited data package for me knowing unlikely to use more and recently upgraded that happily for the small cost of 3.00 to unlimited data, yep orange, unlimited as in all you can eat actually with them means well if you are a pig you can eat and eat:madgrin: Not find you have been put on an unexpected diet and restricted to 750mb, dig dig, haha:mad2:

 

Any way got the second phone for my kid and chose unlimited data and the reassurance i wanted as in no risk of charges for exceeding data is fullfilled, I can rest easy, thank goodness:lol:

 

I also chose at time to take out their trial offer on a dongle and only 5.00 charge and you could cancel when not wanted and turn to pay as you go.

 

This shows to me how ALL mobile companies cannot be trusted when you need to cancel something as simply as promised in the store, though in this occasion I hvae to thank the 3 store for helping me as they were flabbergasted at what happened also.

 

Due to memory problems and epilepsy I chose the deal, but soon realised I needed to cancel it re the broadband contract dongle as would forget to do so and continue to pay for something not used which of course would be my fault no one elses.

 

So as able to go out this weekend I went into the 3 store and asked if they could help me cancel the contract as going past the store reminded me I needed to do it. They were lovely and said I needed to do it, but that could use their phone and glad I was i did it in their store !!!!!

 

Put through to chap with indian accent though not sure if call centre there or in uk and the chap changed the terms, as in said I had to use it for one month and then choose to cancel. I said but that risked me having to pay two months money on service I did not need. He then told me the service was not activated and that he could not cancel it, so I turned to the store for help as he then went into intense sales patter trying to sell me an alternate internet package via the very same dongle.

 

Staff answered for me and repeated all said and that they agreed there was no reason for my contract not to be cancelled as per the sales offered in the store and that I only had to pay 15.99. The call centre then said that I was not on the system and could not cancel me, to which the man said I am an employee of 3 I have her details on our system which is the same as yours, so she is on the system and the account is active, so cannot see your problem.

 

Call centre then asked to speak to me again and it was obvious just did not want to cancel and alternately sell me another product, so I asked chap again to take over and he reiterated basically politely do your job and cancel as it was the cancellations dept who we were through to. GUESS WHAT?

 

The call centre put the phone down on 3's own staff member!!!!! Imagine if that was you at home !!!!

 

So now store get onto head office who act straight away thank goodness and intervene to get the cancellations dept to process the simple request and it is done. It all in all still took nearly an hour to process but I left the store with letter and names and happily trusting they had done their job.

 

So here is my conclusion:

 

No matter the company. When you are put into the hands of an agent who is target driven re sales or commission on such whatever their workings, you are meat, so need to record your calls as you have to pray you are lucky that the head office was like that of 3 and intervene to prevent any more inconvinience, rather than that or my experience of orange, happy to accept that some staff perhaps did not truly deal with you how they would like and then they would leave you to drown.

 

I got the impression of orange was you were not a name or valued customer, any error, porkie or whatever they had no respect for you. I accept all companies make mistakes, I was even given the wrong simm for my phone at the contract but they had reagarding 3 the new one out by next days post and you cannot fault that.

 

So record you calls to protect yourself as your credit file is tightly linked to your mobile provider and some like to be very prompt in marking you down or threat of so and even in cases where your file might need altering due to mobile company finally backing down, they can refuse to alter any notes due to their errors, orange told me not willing to help, recorded though I have yet to check what they have put and if I find orange have bad marked me, I will not be finished, haha

 

I know what i posted might seem just common sense to most who are familiar with the workings and temperaments of certain companies, but would you believe it there are some trusting souls still out there who perhaps reading this might happily go on their business but at least recording their calls for back up that most likely wont be needed, but just in case it is there !!!!!

 

I can now happily go back to knowing my two phone contracts are unlimited internet, all you cane eat, brilliant phones and are doing their job and that they are not with ORANGE :whoo:

 

 

3 STORE staff on promise and help when needed:hug:

 

3 cancellation dept, needs a little work xx:roll: But once sorted easily forgiven

 

ORANGE STORE on promise and help when needed :deadhorse:

 

ORANGE ceo office, over phone sales and bascially whole company:drama::fencing: AVOID:madgrin: xx

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I will be happily getting contract number 3 with 3 later on in the year for my other child and thats a lot of custom missed orange, hahahahahaha :)

 

But i would warn anyone not to sure about the dongle offer for 5.00, that if you have all you can eat data on your mobile and internet at home, then dont bother with it as can be more hastle than worth unless happy to keep for emergencies. Mine although I will keep for emergencies as payg so not a total waste of time.

 

Here would you believe watching to be posting happily:madgrin: But I am, good customer service even with forgiven little hiccups easily gets that :)

 

TAKE NOTE ORANGE :oops: EMBARESSED FOR YOU

Edited by watchinginvestigation2011
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Excellent advice.

Record your calls with every company you ever deal with.

 

You will never regret it. You will often regret it if you don't.

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  • 1 month later...
Excellent advice.

Record your calls with every company you ever deal with.

 

You will never regret it. You will often regret it if you don't.

 

I record everything if I even have so much as a doubt about a problem!

 

I have even recorded a meeting with an inspector at our local police station (with their permission of course), had they had not given me permission - I would have videoed it, as there is no law against videoing a conversation even without permission, just as long as there's some sort of film footage :wink:

Life is like an echo, it all returns......The good, the bad, the false, the true......So if you give life the best you have, the best will come back to you.

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