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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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xercise4less/harlands


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yep that's correct

 

post 4 & post 18 refer

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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stop bending over

 

have you done as post 22?

 

 

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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:lol: ok

 

I contacted bank via live chat before Christmas,

however the assistant wasn't too knowledgeable and since then id planned to look for a template and post a letter to the bank,

then Christmas loomed and to be honest id completely forgotten about it till now.

 

Is there a template letter I could use please?

 

Thanks in advance, again

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chargeback for the £35 is done over the phone please READ YOUR THREAD

 

so you bent over still...

get a pair eh?

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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Hi again,

 

Ignore Zinc, they'll leave you alone if you just ignore them.

 

No matter that the bank assistant wasn't "too knowledgeable" !! I said very clearly in post #19 what to do. Follow that advice now and come back when the bank have refunded.

 

If the bank fails to refund, tell us why and we'll advise further.

 

Go into the bank if you can, or talk to them if you must. Tell them you require a refund of DD's paid

We could do with some help from you

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it was paid by card so not DD?

 

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

Hi again,

 

Ignore Zinc, they'll leave you alone if you just ignore them.

 

No matter that the bank assistant wasn't "too knowledgeable" !! I said very clearly in post #19 what to do. Follow that advice now and come back when the bank have refunded.

 

If the bank fails to refund, tell us why and we'll advise further.

 

Go into the bank if you can, or talk to them if you must. Tell them you require a refund of DD's paid

 

Hi it was card payment over the phone for £34.99 which was a monthly fee and default charges, allegedly.

 

Cheers

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Hi it was card payment over the phone for £34.99 which was a monthly fee and default charges, allegedly.

 

Cheers

 

Ring the card issuer and do a visa debit chargeback.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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currently on hold at bank again!!!

 

They're adamant that a chargeback cannot be done? Joshua, the guy on the phone, is telling me it has to be done on the same day and before 6.30pm. He's the second person to say not help as Krystal just cut me off!!!!

 

They've advised me to contact harlands and ask for a refund. Got a feeling they won't be ready to issue a refund.

 

Next move?

 

for reference, I bank with Barclays

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Barclays are useless on chargeback

90% of their operators have never heard of it

ask to speak to their supervisor or manager.

 

don't give up!!

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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I've asked for the request to escalated. I'm expecting a call back........

 

Shall I write a letter to Harland asking for a refund of the £25 admin fee?

Stating they may keep the £9.99 as full and final settlement?

this was made 25/7/7 after I manually cancelled the DD 7/7/17 as it was still showing active.

 

thanks

 

Barclays are useless on chargeback

90% of their operators have never heard of it

ask to speak to their supervisor or manager.

 

don't give up!!

 

yes they said as it wasn't a DD it couldn't be done

when I insisted it was my legal right for it to be done

he said they were only able to do a charge back if done on the same day the payment was made and before 6:30pm.

 

I was supposed to get a call back before 1.30 and I've heard nothing.

I've contacted them again and been told as previous, it can not be done.

 

Do I do as post 17 (I think) write off £34.99 which equates to 2.5 months off fees?

and write detailing this?

or do I write asking for a refund of the £25 stating that the 9.99 is the fee after my cancellation of DD?

 

been reading so many threads!!!

I get so many messages and letters from their tribe!

 

I'm currently up to Zinc and their cronies, haven't replied to any letters, emails or text whatsoever.

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Don't bother asking Harlands to refund anything - that will NOT happen. Simply ignore all demands and requests that you contact them.

 

Continue to press the bank to refund if you want OR put this down to experience and draw a line having learned a lesson about gyms m/ships and their admin company tactics.

 

:-)

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Please 'forward' those text messages to 7726 (SPAM on your phones keypad)

 

Keep a diary of events regarding their harassment, AND embarrass the gym on their social media sites, AND, CLOSE your account with Sharklays, vote with your feet open an account with someone else who knows what banking actually entails, but lodge a formal complaint with them first complain to the branch manager if you've not done so already?

 

If you insist on using the phone when you ring them, then when the first telephone jockey spouts off the script that you can't get a visa debit charge back, then calmly ask to speak to a supervisor who understands banking.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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