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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?
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    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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RBS solicitor is going for a summary judgement on Wednesday for around £9,000


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Hi all,

 

I'm brand new to this forum & wondered if RBS Advanta still exist?

 

I have a credit card contract signed with RBS Advanta - and this seems to be MINT now?

 

Is the RBS Advanta credit card contract a valid contract still?

 

I'm being taken to court by the Royal Bank of Scotland over a credit card loan, which I signed for with RBS Advanta for £3,500 back in 2003,

but they kept on increasing this, without my permission or requests, to over £9,000, and now I'm unemployed I cannot afford to repay this,

and they are taking me to court when I have no money?

 

Can they do this when only £3,500 signed for?

 

Also, signed with RBS Advanta (not MINT)?

 

Any help here would be greatly received, feeling desperate, thank you.

 

Round table.

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Hi,

 

Yes, it is scheduled for this Wed 12 Dec, but their solicitor has asked for weeks postponement while we discuss some more as I'm defending this...not confirmed if delay has been granted yet by the judge.

 

Many thanks, Round table.

 

...sorry for the delay in replying as just eaten some dinner..!

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Ok thanks

 

I have moved your thread to the Legal forum in view of the imminent hearing.

 

The more legally minded will be along to help you as soon as they can.

 

So that they have a bit more information can you type up the Particulars of Claim verbatim but round the figures so that you cannot be identified from them.

 

Can you also outline the defence you submitted please.

 

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Hi,

 

RBS solicitor is going for a summary judgement on Wednesday for around £9,000 plus I expect expenses.

 

My defence is I only agreed to £3,500 to £9,000 plus. Also, that I'm unemployed with no money. I disclosed my full income and expenditure and assets to their solicitor, without prejudice, while discussing a potential settlement offer from friends and family which is nearing potential agreement but would cost me very dear & leave my other significant debts fully exposed still....

 

Thanks for your needed help.

 

Round table.

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tell us the story please

 

how old is the debt

 

last useage in/out

 

what does your CRA file say about 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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Two threads merged...please keep to one thread for this issue.

 

I beleieve the RBS Adavanta card is now Mint, yes.

 

You say a credit card loan...do you mean a credit card account in which case these increases would seem to be credit limit increases?

 

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Contact RBS head office the will be able confirm who you should be deailing with, my guess is the account is live and that account was just renamed and is valid.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Are they able to increase my credit card limit 3 x more than what I asked?

 

Without asking me?

 

My salary and other loans could not support these huge increases?

 

Should these increases be classed as under their own risk, as I did not ask for them?

 

Thanks.

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no they shold be writing to you.

 

have you all the statements.

 

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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Questions:

1. Did you deciline the offered increases (I know you could very simply as I had such an account)

2. Did you use the increased facility?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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You didn't have to use the available credit though.

 

Are there any late payment charges and or mis-sold PPi on the account which you can claim back?

 

Did you mention anything else in your defence to the action other than that which you have mentioned above?

 

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Can you answer the questions in post 14 please, they would I think be asked in court if not by the claimant certainly by a judge.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Not declined their increases (not sure if they stated they were increasing, if so, maybe in the small print, not sure?)

 

Used their credit over time, until I was unable to pay back due to worsening changes in my financial circumstances.

 

What is the best action or pointers for defence here?

 

Recommendations?

 

Thanks.

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can you scan up the front page of the claim form please

 

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 figures and dates. {DO NOT USE A BIRO OR PEN]

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

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

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.

i'e Default notice dd-mm-yyyy

.

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

.

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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Share on other sites

No actually you havent given us anything at all to help you.

 

You have a court hearing on 12 December for a Summary Judgment hearing.

 

Have you actually put in any defence at all.

 

What exactly did you say?

 

You say you entered into an agreement for £3,500 in 2003. Over a period of time your credit was increased - presumably because you were in good standing with the card.

 

Were you making minimum payments only at this time (this would give you a mitigating argument in that even though the creditor knew you were struggling - they continued to increase your credit).

 

Didyou let your creditor know you were struggling - did they default you correctly - is this the original creditor taking you to court or has the account been assigned ?

 

If there are any triable issues, then Summary Judgment should not be allowed.

 

If there are default/late payment charges on the account, then these can be reclaimed by you. This would make the sum they are claiming is outstanding is incorrect.

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