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    • thank you for replying again.    I specifically asked if anything had been changed or modified on the cooker, being customers have had  the door glass breaking a lot and was told no changes.    I will get a sar in Monday morning.    all we want is a fan oven that works 100% of the time not for a small proportion of the time. 
    • Yes your right, maybe I have misunderstood. In that case start off by sending an SAR and hopefully you will be able to get the call recordings. However, as you no longer have the old cooker – so it can't be repaired, you may still be faced with the possibility of having a reduced settlement because of your 2 1/2 years of use. I don't think that anyone was obliged to replace your cooker like for like. I think that was a gesture of goodwill – and probably of convenience on their part – and I think that if it had become an issue at the time then they could eventually have gotten away with settling for a sum of money less the reduction. Get the recordings and then we'll see what happens
    • I think you misunderstood what I’ve written.    the cooker door was going to be replaced and we were happy wit that. Hotpoint decided not to do this and changed the cooker with what we were told was exactly the same. No changes.    if you google HUD61PS not a real fan oven you will see lots of other customers with the same issues. The oven does not cook correctly !  someone please tell me what cooking instructions we follow ? Fan oven or conventional? This oven is neither ....    we only accepted their ‘gesture of goodwill’ because we were told it was exactly the same. This is substantially different and not a genuine fan oven 
    • Thank you for your replies I really do appreciate your time.  Can I just double check (tired emotional female here not taking everything in properly at moment), the best thing to do is contact tax credits myself on Monday, rather than wait for them to contact me?  And do I tell them on the phone there's been a large overpayment.... Do I need to ask about repaying yet or do I wait?  Sorry, still in a complete panic!! 
    • Well I hope that you request a call recordings is successful – but I'm a bit surprised that you need them because I would have thought that you would by now have read our customer services guide and you would have your own recordings. Just because a company says that it records your calls, doesn't mean that it does – and also it says nothing about the retention policy. They may have a retention policy of only a couple of months or so. There could be other more sinister reasons why they don't give them to you.   So you don't record your calls….  🙄 I'm not quite sure what you're going to sue them for. You had a cooker which you have used since the beginning of 2017 – and that means that you had it for 2 1/2 years and used it successfully before the door broke. They supplied you with a new cooker – which you are not entirely happy with because of the way the thermostat works – and now you are considering suing the supplier for the breaking of the door a few months ago. If I were advising them, I would tell them to offer a cash settlement which included a reduction for 2 1/2 years of use against the full price of a brand-new cooker which you might reasonably expect to last seven or eight years. I think if you had tackled the problem head-on when the door first broke and succeeded in pushing for a replacement door, then you would probably have succeeded – assuming that those doors were still available – but you would still be left with a cooker 2 1/2 years into its expected lifespan. Instead, they supplied you with a new cooker which although work slightly differently, basically means that they have given you a free upgrade which is worth about 30% of the value of new cooker. I'm sorry to say but I think you did quite well – and because you left it so long, it won't be possible to get your door reinstated because I suppose the cooker is long gone. If you can get the recordings which say that you are going to receive "like for like" then that might be helpful, but it seems to me that what they given you as a gesture of goodwill – and you've accepted it and it may well be that you have forfeited any further rights as a result. I suspect that you might come off the loser in this battle
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Wise decision

 

 

You can complain in person, at the court, by telephoning the court, or in writing, by email, by writing a letter or by filling out form EX343A. Once your claim has been received it will be evaluated and a report will be filed. If your complaint is considered to be valid, you will receive an apology and compensation (if you have requested it and it is considered appropriate in the circumstances.)

 

 

The Area Director

 

If you are not happy with the response you receive from the court, you can take your complaint to the Area Director. The court in question will be able to give you the name and contact details of the Area Director, who has responsibility for all the courts and probate registries in the area.

 

 

 

 

Your complaint should explain that you have already gone through the requisite channels with the court in question but that you are not satisfied with the outcome. Your complaint will be acknowledged within 2 working days, and a response will be forthcoming within 10 working days. This response may be given in writing or verbally. It must be stressed that you will not necessarily achieve a different outcome.

 

The Customer Service Unit

 

If, when you receive your response from the Area Director, you are still not happy you can take your complaint to the highest complaints section of the courts service, the Customer Service Unit. Again, you should explain that you have been through the previous complaints procedures with the Area Director and the court. Your complaint will be acknowledged within two working days, after which time the unit will obtain all the documents in relation to your complaint from the Area Director and the court, and will also make further enquiries if it deems them necessary.

 

 

The Parliamentary and Health Service Ombudsman

 

 

If you are still unhappy with the way your complaint has been handled within the courts service, you can ask the Parliamentary and Health Service Ombudsman to look at your case. However this is not something that you can do personally. You have to approach your local MP to do this on your behalf. The Ombudsman’s job is to investigate accusations that individuals have been treated poorly by government agencies, departments or other public bodies. As such, the Ombudsman is completely independent of the government and other public agencies. If you don’t know who your local MP is, ask your local library or ask someone at the Citizen’s Advice Bureau


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Wise decision

 

 

You can complain in person, at the court, by telephoning the court, or in writing, by email, by writing a letter or by filling out form EX343A. Once your claim has been received it will be evaluated and a report will be filed. If your complaint is considered to be valid, you will receive an apology and compensation (if you have requested it and it is considered appropriate in the circumstances.)

 

 

The Area Director

 

If you are not happy with the response you receive from the court, you can take your complaint to the Area Director. The court in question will be able to give you the name and contact details of the Area Director, who has responsibility for all the courts and probate registries in the area.

 

 

 

 

Your complaint should explain that you have already gone through the requisite channels with the court in question but that you are not satisfied with the outcome. Your complaint will be acknowledged within 2 working days, and a response will be forthcoming within 10 working days. This response may be given in writing or verbally. It must be stressed that you will not necessarily achieve a different outcome.

 

The Customer Service Unit

 

If, when you receive your response from the Area Director, you are still not happy you can take your complaint to the highest complaints section of the courts service, the Customer Service Unit. Again, you should explain that you have been through the previous complaints procedures with the Area Director and the court. Your complaint will be acknowledged within two working days, after which time the unit will obtain all the documents in relation to your complaint from the Area Director and the court, and will also make further enquiries if it deems them necessary.

 

 

The Parliamentary and Health Service Ombudsman

 

 

If you are still unhappy with the way your complaint has been handled within the courts service, you can ask the Parliamentary and Health Service Ombudsman to look at your case. However this is not something that you can do personally. You have to approach your local MP to do this on your behalf. The Ombudsman’s job is to investigate accusations that individuals have been treated poorly by government agencies, departments or other public bodies. As such, the Ombudsman is completely independent of the government and other public agencies. If you don’t know who your local MP is, ask your local library or ask someone at the Citizen’s Advice Bureau

 

Thanks all, I'll get the complaint in next week. I'm not going to hold back so let's see what kind of response is forthcoming...

 

Cheers

 

Shane

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Can you afford to pay off the CCJ within a month of judgment?

 

It will stop the CCJ being registered and so won't affect your mortgage application.

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Can you afford to pay off the CCJ within a month of judgment?

 

It will stop the CCJ being registered and so won't affect your mortgage application.

 

 

Shane is the claimant Gany there is no CCJ.

 

 

Andy


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Shane is the claimant Gany there is no CCJ.

 

 

Andy

 

 

 

Oh yeah. Oops. :D

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Shane

 

Any costs in the case, either way?

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Shane

 

Any costs in the case, either way?

 

VF's barrister tried to put her fee (£350) in but the one thing the last judge did do me a favour on was to tell her to be sensible and dismissed that motion. He did not seem impressed by her request.

 

Cheers

 

Shane

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VF's barrister tried to put her fee (£350) in but the one thing the last judge did do me a favour on was to tell her to be sensible and dismissed that motion. He did not seem impressed by her request.

 

Cheers

 

Shane

 

Bit of a pyrrhic victory for it then :-)

 

Sometimes a business defends just because it has the means

Edited by Mike_hawk

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Bit of a pyrrhic victory for it then :-)

 

Sometimes a business defends just because it has the means

 

Indeed it was, i would imagine the costs associated with the employment of Riverview Solicitors, the whole court process and then the barrister attending court are significant.

 

Thinking about that actually makes me a bit happier in defeat.

 

I'm pulling no punches in my compliant to the Court over the Judge's poor performance. I'm in the mood to ruffle some feathers :-x

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Hi Andy

 

I have finished my complaint letter. Before i submit it can i ask you to read through it to ensure it is 'correct'?

 

Thanks

 

Shane

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Actually, now i have refreshed my memory on my claim and the hearing i think i have grounds for appeal :)

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1) VF did not provide evidence of their ETC calculation

 

2) They defaulted me without providing a calculation or even providing my with basic customer service or explanation of the sum levied

 

3) The ETC levied by VF ignored Section 73 - 79 and Clauses80.3.2, 80.3.3, 80.3.4, 80.4 and 80.5 of OFCOM's guidance. OFCOM state ignorance of these points would in their opinion lead to a breach of Schedule 2 of the UTCCR. I am assuming OFCOM wrote their guidance with the help of legal professionals so is therefore legally sound (places great emphasis on the OFT vs. Banks ruling on similar charges).

4) The Judge largely overlooked / ignored this important point of law - grounds for appeal i believe?

Shane

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Update

 

Complaint went in on the 17th January and has today been acknowledged by the JCIO.

 

I went down the complaint route to start as an Appeal generates a further £115 payment. I was wondering if in the SCT there was a mechanism for retrail so i am waiting to see a response from the JCIO which i can expect within 15 days.

 

I will update everyone as and when.

 

Thanks

 

Shane

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JCIO will respond by 10th February.

 

Oxford CC are on notice that my decision on appeal is delayed until the outcome of the JCIO investigation.

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What do you mean the court is "on notice"? You have a set period in which to appeal otherwise you'll need specific permission to appeal out of time, you can't really say you're going to mull it over for longer.

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I issued a letter to them stating my decision on whether or not to appeal would hinge on response of JCIO. The reasoning for that was the JCIO will comment on whether the presiding Judge made procedural errors in the original hearing...va va voom.

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I know, I'm just making you aware that telling the court doesn't change the rules.

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I am aware.

 

My position is the Judge broke their own rules in the first hearing so they at the very least need to acknowledge this. They had my letter well in advance of the 21 day 'appeal' process expiry so are aware whats going on

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Unfortunately not having time to read the trial bundle isn't uncommon.

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I have appealed (or at least filed the Appellant Notice)

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I have appealed (or at least filed the Appellant Notice)

 

 

 

Did you get you appeal application in within the 21 days time period??

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I wrote to the Court and told them that i was writing to the JCIO to seek guidance on the conduct of the Judge who oversaw the original hearing. It was agreed that the 21 day period would be put on hold until the JCIO had responded. Their response, crap as it was came back end of last week so appeal or at least request to appeal went in yesterday.

 

Even if they dont grant an appeal request i think at the very least the owe me and others who rely upon OFCOM guidance a response as to where they believe it is legally wrong...

 

I was scathing towards the Judge in my appellant notice and supporting information so at the very least it'll ruffle some feathers :)

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I wrote to the Court and told them that i was writing to the JCIO to seek guidance on the conduct of the Judge who oversaw the original hearing. It was agreed that the 21 day period would be put on hold until the JCIO had responded. Their response, crap as it was came back end of last week so appeal or at least request to appeal went in yesterday.

 

Even if they dont grant an appeal request i think at the very least the owe me and others who rely upon OFCOM guidance a response as to where they believe it is legally wrong...

 

I was scathing towards the Judge in my appellant notice and supporting information so at the very least it'll ruffle some feathers :)

 

 

 

I hope your right although I fear you don't really have any legal grounds to appeal but good luck anyway.

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I think i do

 

I am sure the OFCOM Guidance was drafted with the assistance of senior legal professionals (they can't have done it and released it for public consumption without taking such advise). As you probably know that document lists several elements a CP needs to adhere to for their ETC's to be deemed fair. If they dont there is a fair chance they have breached UTTCR and that is my point.

 

Grounds for Appeal are that Judge Payne didnt even read this part of my bundle (admitted on tape) so he's missed key points of law in handing down his order. There is at the very least a debate to be had.

 

I copied in OFCOM to my appeal as well...

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