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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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My partner moved in 3 months ago and I did not tell Tax Credits


Carly1111
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Please can someone give me some advice.

The father to my youngest moved in around her 2nd birthday in September, I did not know if it would work out at first so gave it time, I then phoned tax credits numerous times but was unable to get through.

I have been totally naive and I'm now in such a state as I have received a letter today from Tax credits stating they need to make sure my single claim is correct as a XXXX is linked to your address (my partner)

Of course I would of changed to joint when it was time to renew but I have had him stay a number of months now without them knowing.

I have to phone them and I really don't know what to say as it will obviously look like I'm just phoning as I have received letter.

I'm in such a mess, not eating, being sick, Iv read some scary stories, please has anyone any advice as to what to say on the phone,? I completely get il need to pay back an amount.

Thanku so much for your time.

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Hi Carly and Welcome to CAG

 

I have moved your thread to the appropriate forum..please continue to post here to your thread.

 

Regards

 

andy

We could do with some help from you.

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Please does anyone have any advice?

I need to phone them today and I'm a total wreak! I have been so stupid and naive I honestly did not think the consequences of not making them aware asap were so huge, I realise I was wrong after reading some story's. I'm trying to be prepared and get myself together for when I call them.

It's going to come down to why didn't I tell them, I can't really tell them because I'm absolutly stupid.

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Simply ring them up and inform them Carly...inform them that you have tried to ring them on numerous occasions but couldn't get through or no answer so gave up and decided to leave it until renewal.

 

You will feel better once you have done this assuming you can get through :-)

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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They said on the letter they are looking from October 2016 , well he moved in on my daughters birthday on the 20/09 2016......you think that would be adaquate saying that? I'm honestly a complete mess with worry. I understand there is not much else I can say as that is the truth but I don't know if they will look kindly on that response?

Thanku so much for your response. :)

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Its irrelevant how they look at it...its the truth...if they wish to go from October...then October it is.

 

Let us know how you get on.....they will only make an adjustment but make sure you are happy and agreeable to their proposals.

We could do with some help from you.

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Hi Andy....I have been trying the number again with no joy so I called the normal tax credits number who I eventually got through to. They tried that number and it was engaged so she took my details and emailed the name on the letter I received.

She asked why I didn't make them aware beforehand, I stated I had been trying to get through but was constantly engaged, I am now at a point where I have received this letter so I had no choice but to try the normal number, I now realise I should have done this from the start, stupidly I didn't, I also had full intentions on updating upon my renewal.

She states she will forward the email with all the info and request a call back but to also keep trying that number.

So just a waiting game now I suppose.

She said she couldn't update as it was with that team and the letter I had received.

Don't really know what to do, I'm honestly such a mess.

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dont worry.... you have informed them...its up to them to get back to you now.

 

Keep a note of times dates and names.

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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Sorry Andy.....they have called.

I told them and the woman I spoke to was amazing! She completely understood, stated to me that time slips by without us realising, with Christmas and all, she was so so nice.

So they have stopped my single claim from today, they are sending me out a joint renewal pack, Iv to fill in and send back, she said there will be an overpayment but advised Iv not to worry about this they can come to a arrangement.

I have just to await word from them after I have sent pack back.

 

Thankyou so much for the time you took to respond, I really appreciate it, you calmed me down 😊

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:thumb:....and relax...

 

Well done Carley....always deal with problems promptly and head on......does no good to let them fester.

 

Regards

 

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

 

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Hi Carly I am going through the exact same thing. I received my letter on the 8th. I have not been able to get through on the number either. I am going to spend the whole day on the phone and try and get through. Your post has reassured me some. Did they ask you to send any documents? Such as council tax bill, bank statements etc?

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Carly1111, as you are making a new joint claim, if you are entitled to payment as a couple, you should probably dispute the overpayment when it comes through for your single claim. This is to get HMRC to check any notional entitlement you may have.

 

This is in effect to take away from any single claim overpayment, any payment you may have been due had you claimed correctly as a couple. It won't necessarily cover all the overpayment, but it could make a serious dent in the amount you have to repay.

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