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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Cabot/Retsons claimform - old cap1 card 'debt'


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Start looking at defences in the success forum and start to prepare.

We could do with some help from you.

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If I submit a defence but the court decides I owe the money, can I then pay it or will a CCJ automatically be applied?

 

My head's in a pickle, I need to submit my defence by tomorrow but haven't a clue where to start :(

 

I requested a CCA and they haven't provided it, is that basically my defence?

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Start looking at defences in the success forum and start to prepare.

 

I did advise to start preparing 5 days ago...leaving it a bit last min Trolley.

 

Yes if you pay the judgment by the date stated it will vamoose

 

Andy

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Well I can see from your viewing history today that you have looked at a plethora of discontinued claims...are none of them suitable /same/can be edited to suit your claim?

We could do with some help from you.

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If I'm honest I'm just confused by all that I've read and what fits. How is this?

 

1.the claimants claim is for the sum of 328.70 being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One under account reference xxxxxxx and assigned to the claimant on 28/09/2015, notice of which has been given to the defendant.

 

2.the defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has not been complied with.

 

and the claimant claims 328.70

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Correct Particulars of Claim

 

The claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about May 26 2010 and assigned to the claimant on Sep 28 2015.

 

Particulars a/c no ******

 

Date 15/01/2016

Item Default Balance

Value 328.70

 

 

 

Defence now submitted

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The Defendant admits that a contractual relationship did once exist with Capital One, but does not recall the particular details of this agreement or any alleged balances.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. I have received a letter acknowledging my request. To date I have yet to receive the documentation requested. This was posted on the 10.02.2016.

 

I also requested a copy of the agreement that this claim relies upon by way of a Section 78 request. I have not even received anything to acknowledge my request. To date they have failed to supply the documents and remain in default. This was posted on the 09.02.2016.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

© Show how the agreement was breached/ terminated to allow the claimant relief.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to.

We could do with some help from you.

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Sorry, looking back at mine it hasn't copied across properly.

 

Yours is ready for me to copy and paste into my defence?

 

If so then it's greatly appreciated, thank you

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Thank you, as this time will I need to show evidence of my CCA request etc..

 

No...that comes later with your disclosure and witness statement.

 

Your particulars posted in post #30 are different to the upload of the claim form at the start of this thread ?

We could do with some help from you.

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Oh balls, I put the default amount and not the total amount. Is that what you mean?

 

No....you dont submit the particulars anyway ...thats just for reference...but in your post 26 above those particulars are not the same as the upload of your claim in post 2 ?

 

Your particulars....

 

The claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital Oneicon dated on or about May 26 2010 and assigned to the claimant on Sep 28 2015.

 

Particulars a/c no ******

 

Date 15/01/2016

Item Default Balance

Value 328.70

 

Post 26 particulars......

 

1.the claimants claim is for the sum of 328.70 being monies due from the defendant to the claimant

under an agreement regulated by the consumer crediticon act 1974 between the defendant and Capital Oneicon under account reference xxxxxxx and assigned to the claimant on 28/09/2015, notice of which has been given to the defendant.

 

2.the defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has not been complied with.

 

and the claimant claims 328.70

We could do with some help from you.

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Sorry, you mean this bit?

 

 

2. The Defendant admits that a contractual relationship did once exist with Capital Onelink3.gif, but does not recall the particular details of this agreement or any alleged balances.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925.

 

I copied and pasted this bit, reading back again this was in error.

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No ...lets try for the third time...the particulars of claim you posted in post 26 are not yours?

 

Yours are in post 2 & 3 ?

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So why did you post them particulars in post #26?

 

They are what I have used to check the defence.

We could do with some help from you.

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Afraid not...never copy another posters particulars of claim...let me just check it again to yours.

We could do with some help from you.

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Correct Particulars of Claim

 

The claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital Oneicon dated on or about May 26 2010 and assigned to the claimant on Sep 28 2015.

 

Particulars a/c no ******

 

Date 15/01/2016

Item Default Balance

Value 328.70

 

 

Defence now submitted

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The Defendant admits that a contractual relationship did once exist with Capital One, but does not recall the particular details of this agreement or any alleged balances.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. I have received a lettericon acknowledging my request. To date I have yet to receive the documentation requested. This was posted on the 10.02.2016.

 

I also requested a copy of the agreement that this claim relies upon by way of a Section 78 request. I have not even received anything to acknowledge my request. To date they have failed to supply the documents and remain in default. This was posted on the 09.02.2016.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

© Show how the agreement was breached/ terminated to allow the claimant relief.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to.

 

 

 

You may be lucky as it matches ...except they do not mention a default in their particulars.

We could do with some help from you.

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Its not a major error...see what transpires.

We could do with some help from you.

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Thank you, I have the money set aside just in case. If I end up having to pay then I will make a donation, If i don't then the donation will be much greater.

 

Thank you again for your help.

 

:-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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