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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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


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oh no, i thought u people said it wouldn't get this far??

 

I have recieved a 'Notice of pre trial review hearing' letter

I phoned the court to ask them whats it all about and they said both parties meet brfore the judge to give further information.

 

Now i'm really stuck i can't wing this. please anybody help

~~~~~~~~~~~~~~~~~~

Royal Bank of Scotland

~~~~~~~~~~~~~~~~~~

Total 2319.95

*Prelim letter sent 5th august

*LBA letter sent 21st august

*Go away letter recieved 22nd august (bit late!!)

*Claim filed with county court on 15th september

*Court acknowledgement on 2nd october

*Defendant acknowledgement with intent to file defence on 3rd october

*Defence letter recieved 28/10/06

*goodwill gesture of 1200 recieved 3/11/06

*AQ posted 21/11/06 deadline 24/11/06

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Ah nobody said it 'wouldnt' go to court...just that banks are very reluctant to do so. The cases that ARE getting to court have some unusual aspect that Cobbler's obviously think they can fight.

 

Can you tie this post to your main post so the thread-heads can see what's been going on?

 

In the words of The Hitchhikers Guide - DON'T PANIC

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hi hydra,

 

i've put the same thing on there i'm not too well up on pc's. i dont know how to change the thread header, at the moment its 'louiseashton'

 

cheers

~~~~~~~~~~~~~~~~~~

Royal Bank of Scotland

~~~~~~~~~~~~~~~~~~

Total 2319.95

*Prelim letter sent 5th august

*LBA letter sent 21st august

*Go away letter recieved 22nd august (bit late!!)

*Claim filed with county court on 15th september

*Court acknowledgement on 2nd october

*Defendant acknowledgement with intent to file defence on 3rd october

*Defence letter recieved 28/10/06

*goodwill gesture of 1200 recieved 3/11/06

*AQ posted 21/11/06 deadline 24/11/06

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This is only a hearing to give the directions the Court want to make dont panic. Have you submitted your AQ? If so what directions did you ask for? You could ask for the hearing by telephone. Make sure you ask for disclosure of the charging policy as a priority. If you look at the threads "completing AQ" there will be some suggested directions you can ask for. It will be quite an informal hearing. Where is it and what date? If near to me I could do this for you

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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Oh god, i have sent off my AQ but i dont have a copy of it and i can't remember if i actually put on it that i want a breakdown of their charges. I don't have a clue what 'directions' are so god knows.

It is in wigan on 20th feb

 

cheers jayne

~~~~~~~~~~~~~~~~~~

Royal Bank of Scotland

~~~~~~~~~~~~~~~~~~

Total 2319.95

*Prelim letter sent 5th august

*LBA letter sent 21st august

*Go away letter recieved 22nd august (bit late!!)

*Claim filed with county court on 15th september

*Court acknowledgement on 2nd october

*Defendant acknowledgement with intent to file defence on 3rd october

*Defence letter recieved 28/10/06

*goodwill gesture of 1200 recieved 3/11/06

*AQ posted 21/11/06 deadline 24/11/06

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If it comes to a Hearing I can cover this for you in wigan. I have diaried it for the week before to email you to see if still going ahead

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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cheers mate,

much appreciated, any idea of what i need to take with me?

~~~~~~~~~~~~~~~~~~

Royal Bank of Scotland

~~~~~~~~~~~~~~~~~~

Total 2319.95

*Prelim letter sent 5th august

*LBA letter sent 21st august

*Go away letter recieved 22nd august (bit late!!)

*Claim filed with county court on 15th september

*Court acknowledgement on 2nd october

*Defendant acknowledgement with intent to file defence on 3rd october

*Defence letter recieved 28/10/06

*goodwill gesture of 1200 recieved 3/11/06

*AQ posted 21/11/06 deadline 24/11/06

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I will get in touch with you the week before as we will need to draft some directions and submit them to the Court & Defs prior to the Hearing

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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  • 1 month later...

We went along with some draft directions only to finc that Cobbetts had written to the Court advising them that they had sent Louise a cheque in full settlement. She hadnt recd it so the Court adjourned it for Cobbetts to get their act together

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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I got my cheque in the end (quite a rigmarole) turns out it would cost THEM too much to proceed. should've thought of that before shouldn't they?

Thanx again Jayne

~~~~~~~~~~~~~~~~~~

Royal Bank of Scotland

~~~~~~~~~~~~~~~~~~

Total 2319.95

*Prelim letter sent 5th august

*LBA letter sent 21st august

*Go away letter recieved 22nd august (bit late!!)

*Claim filed with county court on 15th september

*Court acknowledgement on 2nd october

*Defendant acknowledgement with intent to file defence on 3rd october

*Defence letter recieved 28/10/06

*goodwill gesture of 1200 recieved 3/11/06

*AQ posted 21/11/06 deadline 24/11/06

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No problem. They are such a bunch of losers

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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BANK: LTSB

Amount claimed: £925 + £120 Court Cost+ £341.46 Interest

Settled in full £1386.46

 

Started Court proceedings in September 2006, AQ handed in 2nd December, Never had any communications with either LTSB or their solicitors.

contacted them 27th Feb to notify them of pending court case on 5th March (they was not aware) Money paid in full into Account 28th Feb.

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Well done Nicky. Wish mine was as quick. Think the Halifax have abandoned ship!

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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I have just issued v LTSB for my friends so bring it on! I got Judgement weeks ago v Halifax. Promised me money in by last Friday. Still not there its so frustrating. I take it you dont need help with the Hearing date now? If you need any help in the future please just ask. Sorry it took so long to come back to you I didnt access the website yest

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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I have just issued v LTSB for my friends so bring it on! I got Judgement weeks ago v Halifax. Promised me money in by last Friday. Still not there its so frustrating. I take it you dont need help with the Hearing date now? If you need any help in the future please just ask. Sorry it took so long to come back to you I didnt access the website yest

 

No problem, and good luck with your claims...I have now started to help family and friends claim back what is rightfully theirs.

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