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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I have received a full and and final settlement on my Halifax Current Account. My claim was for £2282.00 and the offer is £1968.00, but I have to accept future charges. I am tempted to accept this as its so high, this offer has been given to me after me only sending a prelim letter to them.

 

My problem is this, I have received the standard form to sign and if I sign it and agree to their terms and take the cash, will I forfeit the right to go after my Halifax Visa charges?

 

Please help me if you can ...... :???:

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There are a couple of things to consider. The offer is over £300 short of your claim and it doesn't include the Statutory 8% which you would add at the claim stage. Although you're tempted, if you can hold out financially I would advise you to stick to your claim. Secondly, if you stick to your claim and start the court action you do not have to be bound by signing anything. You are taking action against them and there should be no conditions attached. Stay positive, stick to the timetable and you will get settlement of the FULL CLAIM.

Regards

David

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I agree with David here, I turned down an offer with similar conditions and was rewarded just over 3 weeks later with my full amount plus interest and it was also unconditional, leaving me to claim in the future if need be.

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Hi All of You, I,m at a similar stage, I had a letter 2 weeks ago offering me half my total of £6k. I wrote back with the letter stating I will accept the offer but will still persue all of my claim and advicing them that I will then go ahead with court action if I don,t hesr from them by 13/12/06. Well todays the day and I,ve not had a reply. Whats my next move now? please help.

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Hi, I fully agree about holding out and getting everything back.

 

Bunty - if you sent them an LBA and the date was 13/12 get onto MCOL and file away!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Hi Bunty, Did you send your last letter ( i'm assuming it was the LBA ) by recorded delivery? because I know from experience that they may claim to have never recieved the letter. At least if it was recorded you will know that it has been signed for.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Thanks for the advice, I know that is what I should do, however I've decided to accept the settlement offer. Its a hell of a lot more than I expected to get on my first offer and I still have plenty of other institutions to go after, including my Halifax Visa Card.

 

I have written a letter of acceptance, stating that I am only accepting this a full and final settlement of the complaint made against my current account. Plus, they state that in their "terms" that all future charges will stand .... unfortunately without them having shown that the charges are lawful, then surely all future charges are still unlawful and I will still be entitled to reclaim. Not that I intend to get any charges anyway! All the charges I had on my account were from a bad time back in 2004 anyway. But I guess we never know what the future holds ....

 

Hopefully they'll decide to reduce the charges to a more acceptable amount and thus stop the influx of complaints they are receiving. I'll start new threads for my other claims, which will be in January.

 

I'll also let you know if I get my refund!

 

Thanks everyone!

 

:-)

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Thanks for the advice, I know that is what I should do, however I've decided to accept the settlement offer. Its a hell of a lot more than I expected to get on my first offer and I still have plenty of other institutions to go after, including my Halifax Visa Card.

 

I have written a letter of acceptance, stating that I am only accepting this a full and final settlement of the complaint made against my current account. Plus, they state that in their "terms" that all future charges will stand .... unfortunately without them having shown that the charges are lawful, then surely all future charges are still unlawful and I will still be entitled to reclaim. Not that I intend to get any charges anyway! All the charges I had on my account were from a bad time back in 2004 anyway. But I guess we never know what the future holds ....

 

Hopefully they'll decide to reduce the charges to a more acceptable amount and thus stop the influx of complaints they are receiving. I'll start new threads for my other claims, which will be in January.

 

I'll also let you know if I get my refund!

 

Thanks everyone!

 

:-)

 

 

Ok you cant sign away future claims as they are unlawful and the law will not allow you to do this, so if you need to make future claims you can.

 

Also,

For any agreement to be binding in English law each party to the agreement must provide

consideration. Should you accept an offer in full and final settlement your consideration consists of a promise not to

sue for the remainder. However, there is no consideration on the part of the bank because they are only giving back

what in law belongs to you. The law does not enforce one-sided promises. In order to establish that they have

provided consideration they are required to prove that the charges are lawful For a binding contract to exist, there must be an offer, a consequential acceptance, consideration for the deal and an intention to create legal relations without the consideration, no legal binding relationship exists.

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Hi All

Just to update as i haven't been posting for a few weeks due to illness,as you know we received payment for our first summery cause,have started 2nd claim which was deemed served on 29th nov,return date 11/01/07 hearing date 18/01/07 so just waiting on it being settled,what i was wondering would it be worth phoning halifax and asking if they won't just pay us the remainder of claim which is about £4k as we will have to do another summery claim and a small claim,surely as they know they are going to have to pay up anyway it would save them on court fees and interest.I also haven't made a donation to the site which is annoying me as you have all been great,but halifax have taken my cheque book and debit card off me so have no way of making donation,or is there any other way of doing it,i don't have any credit cards either.Has anyone else had this done to them and is there anyway of getting them back.

Thanks again for all your help

Willmurr6

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  • 3 weeks later...

Hi All and a HAPPY NEW YEAR to you all.

Just to update i am waiting for payment of my second summery cause claim which was deemed served on 29/11/06 hearing date 11/01/07.phoned customer services today who told me they had sent letter to court and it was being dealt with by there legal dept and they had a backlog but it would be dealt with by the 11th jan,so do you think it is just a case of watching my bank account.Also i havent been able to donate to this great site as i dont have a debit card at moment so can someone tell me if there is any other way of donating.

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