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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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whatever happens knowhow cover


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You have completely misunderstood. If they wanted, they could withdraw cover for the future. Clearly they can't withdraw cover retrospectively.

 

If PCWorld decided to bluff you out then they might force you to pay the claim fee after which they might put their hands up – or they might decide to go to court. They are a bunch of bullies.

 

If you pay the claim fee then clearly it would be at risk but if you won then you would get it back plus your court fee. Plus you would give PCWorld a bit of a slap – which is no bad thing

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If they wish to they can stop my cover for future, I currently have three more expensive tablets still under the cover.

I have just renewed two of them for another year before this happened. So I'll get my money back.

Never made one claim yet against any of them.

 

Also had a laptop from them a couple of years ago with the two years cover they sold me with it, just finished in Dec 2017, I never renewed but never made one claim, was worth about £500.

 

They are all far more valuable then the little out of date 7in tablet i'm making a claim against.

This should work in my favour or not?

 

Can you draft up a mail for me to raise a claim?

send it to my personal inbox if you want @bankfodder.

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Can you tell us more about the other tablets which are undercover please.

 

How many policies do you have altogether? And in respect of how many of them have you made claims?

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So I understand that you have four Knowhow policies – and in respect of three of them you have never made any claims.

 

If that is correct then it blows any suggestion from them that you are a serial claimer/abuser of the policy out of the water.

 

Please confirm that is correct

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Well in that case I would say that it blows any suggestion by them that you are some kind of serial abuser of know-how policies completely out of the water.

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Can you help me draft up a claim then? as what I was going to say you said wasn't any good.

& also give me the links to the website I need to raise claim on?

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Find your way to MoneyClaim online and open an account there. It's free.

 

In XXX date 2016, the claimant purchased a "Know-How" policy number XXX in respect of a Samsung XXX model tablet computer from the defendant at £4.50 per month

The policy cover includes breakdowns, breakages and "mishaps".

The claimant's six year old daughter left the tablet on the side of a bath and it fell into the water and stopped working.

The defendants refused to honour their contractual obligation to repair or replace the tablet which was damaged as a result of this mishap.

This claim is for the value of a replacement article as per the defendants KnowHow policy not exceeding £250.

check to see if the facts above are correct and if anything has been left out. You should then value your claim at £250 and the fee that you pay will be the fee for that value.

 

On the MoneyClaim website you will be able to start this claim and you will be able to enter the wording above and then save it as a draft so that you can then issue it when you feel that you are ready. The cost of the claim will automatically be added to the total your claim.

 

There is a character limit on the MoneyClaim site. You may have to do tinker with the wording I suggested if it exceeds the limit

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Is this correct? if I raise a claim for £250 the fee I pay to raise is the same £250?

I can't risk that, is this is true? I thought it was like £25 for a online claim

 

 

"check to see if the facts above are correct and if anything has been left out. You should then value your claim at £250 and the fee that you pay will be the fee for that value"

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I'm afraid that you've misunderstood things once again. The fee that you will pay will be the appropriate fee for a £250 claim. I don't know if this is £25 or £35 but it will be something in that order. You will have to check it out. They will tell you what they want before you click off your credit card and commit yourself.

 

Don't forget that if there is a hearing fee then in order for the claim to progress in the event that they file a defence, you will have to pay the hearing fee. I think it is entirely possible that they will file a defence. I think your chances of winning the case are better than 85%

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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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you mean acknowledge the claim with their intentions.

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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Okay well keep an eye on MoneyClaim and the first moment it allows you to apply the judgement – just go ahead and do it. No need to muck around. No need to give notice. Just go ahead.

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Neither but it probably means that they didn't expect it to go this far and now they've got to organise themselves and decide what to do. Keep us informed if they make any offer and before you accept anything or sign anything

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They had until 30th April to reply.

Just had a email from Moneyclaims, PC world have requested an extension for 14 days

They now have up until 14th May.

Don't know if that's a good thing or bad?

 

Simply means they have defended all and will be submitting a defence and get the full 33 days

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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I didn't realise it was 33 days now. sorry

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Yes. My bad

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