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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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      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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npower threats to gain entry


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hi there

I have lived in this rented house for 3 years, I have had escalating bills for the last year and a half and even tho I came to agreements to pay, after every review they became so high I now cannot afford to pay what they are asking.

 

The origonal debt was £258 and is now £1200.

 

In between all this added debt, I was trying to set up an AFFORDABLE payment plan, they would not accept what I had coming in and what I could afford to pay out so I wrote a letter complaint to one of the directors of NPOWER and agreed to accept my payments. It was all ticking along nicley and then my JSA was stopped because I went into hospital and they changed me over to Employment and Support Allowance, which in turn affected my rent payemnts etc.

 

Then out of the blue with no warning NPOWER merged both my accounts for GAS and ELECTRICITY.

 

Instead of paying two direct debits they now tried to take the whole amount out at once in Dec 2012.

Back to square one, letters threats of entry.

 

They have tried telling me I need a meter fitted, but I can bearly afford to heat the home now, without the added cost of the meter billing. Plus I am a private tennant, the landlord has told me he specifically does not want a meter fitted.

 

The reason they were separate in the first place was if one DD did not go through I could easilyring and pay over the phone, but with the JSA mix up and the ESA payments be lower than JSA I could not afford to pay the DD.

Any idea what to do next please all help would be greatly recieved.

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They have tried telling me I need a meter fitted, but I can bearly afford to heat the home now, without the added cost of the meter billing. Plus I am a private tennant, the landlord has told me he specifically does not want a meter fitted.

 

 

If you were to move out the property a normal meter can be reinstated no problem

 

With the way things are going N power will take this to court adding on fees they then will force entry and fit pre pay meters

You will need to write to n power keep a paper trail

 

If you think that you will not be able to keep up repayments it may be better to let them change the meters and save on the court costs.

 

with a prepayment they will take so much off the debt each week and you can keep control of things

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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With being on a prepayment meter you can repay as little as £3.25 a week towards the overdue balance, whereas repaying by DD they will only give a certain number of months to clear the debt, which is resulting in the payments being more than you can afford

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the problem is I am in the private rental trap, I am paying vasts amount of my benifits towards renting and my feul bills have been suffering, when I moved to the property I was married and not a single parent as I am now.

 

I had a visit to the property yesterday from a NPOWER representative, my son answered the door, the man a Mr Jones questioned my son who is 11 years old and asked if I lived there, when would I be back and left a notice they they were going to apply to the court to gain entry, is this a bit heavy handed?

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We fell into arrears with npower a few years ago and agreed to have prepayment meters installed. 2 years later its the best thing we did as we find it much easier to budget no stressing about big bills and we are paying our arrears off at £3pw gas & £4pw electric even though we owed £1400 to each.

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I agree. I have to admit, going back onto pre-pay meters is the best thing we ever did. For whatever reason, our bills are much lower now, and we're making a good in-road into what we owe.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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