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    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
    • Nice to hear a positive story about a company on this form for a change. Thank you
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CCJ disappeared


Batdrica
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after you get the statements

but if you cant afford it

then no point.

 

 

end of your problems then for the minute

 

 

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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  • 4 months later...

hows this going

stay away from debt management plan providers THAT ARE NOT FREE>

you mention several in your 1st post NEVER EVER USE THEM.

 

 

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

we stayed away from debt management plans

 

right now i paid one of his CC and he is paying me off,

asked to cancel his account by writing, waiting on response at the moment.

only one card left to pay

 

I wrote to vanquis to cancel his ROP, but intend to pay it off too because his credit rates are horrendous.

 

he was worried with the fact that canceling his cards would affect his credit rate,

but honestly i think his credit rate will never be any better if it takes him years to pay a debt off

and in the meantime he gets no more money left for nothing

i believe it will help him if i do.

 

as for the CCJ we got nothing and he is registered to vote and so far no letters so we are sitting on it.

 

my biggest worry now will be one day we apply for a mortgage

and his ccj will be void but not sorted will be there and will come back to haunt him.

but thats in the future and i cant pay off everything.

 

he got a letter from department of work and pensions saying he owes them £23 lol

i hope that will be the only letter he is getting

 

seems he has no clue why he got that to pay so he called them

and it was crisis loans from when he was on benefits for 3months.

 

getting bit worried since if he can owe them that, what else can he be owing...

but so far he is managing to pay everything very slowly but paying...

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has he any defaults in the debt summary lines

 

if so paying or not

they will kill credit for 6yrs

then the whole account disappears.

same for the ccj

 

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

I'm not sure I understood.

 

You mean his credit file will be even worst if I close his account?

 

And I know the ccj that is forgotten after 6years and he doesn't have to pay.

 

But I've heard that it won't help his mortgage because they will know he didn't pay...

 

And our rates might go crazily high or it will have to me the only one doin a mortgage

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closed open makes no odds

 

what doesn't show on your cra file

you don't tell them about.....................

 

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... 

Link to post
Share on other sites

I'm not sure I understood.

 

And I know the ccj that is forgotten after 6 years and he doesn't have to pay.

 

Not quite true..it simply drops of the CRA and Registry...but it can still be executed after 6 years with the courts permission.

 

Andy

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Not quite true..it simply drops of the CRA and Registry...but it can still be executed after 6 years with the courts permission.

 

Andy

 

I thought that if he hasnt been chased for these 6 years then he definitely does not have to pay for it.

but now im confused

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its rare but the claimant could try.

 

 

pers I wouldn't worry 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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Share on other sites

  • 5 months later...

Hello again

Seems I jinxed this a bit.

 

We have managed to transfer the balance of his Vanquis credit card to a Halifax credit card at 0%

interest in the first 18months. I guess his credit got better.

 

He has now paid off his Capital One and he is on his way to clear his debt by paying his Halifax balance transfer in 18 months.

 

But unfortunately we received in the post a letter from Dukes Bailiffs looking for what I believe his CCJ debt.

 

We dont even know whether it is that or not but the amount of money seems to be.

 

We have sent letters to council requesting proof that we owe this because to be honest I have no letters anywhere saying or proving he owes this money.

 

I believe if they are chasing us now, we need to pay for this correct?

Now he only "owns" a car that he is finishing paying for next June but its a broken car and he is now riding his bike to work because financially we cant pay for all.

 

I can try pay off his car and try and sell it but broken wont give us much money,

but it should be all he has.

Any comments on this?

 

I am his girlfriend and I am trying very hard on this. He is the kind of guy who bins every letter making me absolutely crazy and he is a good guy but very bad with finances but I honestly believe I have helped him a lot through the past year!

 

Adriana

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  • 2 months later...
how to delete my posts?

 

You cant.

 

Andy

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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