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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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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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Information on Cabot


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Well, I may have been out of the loop for a while but I can still stir the brown stuff .. nothing to do with Cabot but 'revenge' is sweet re this other lot I've had loads of problems with http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/88566-bryan-carter-ceased-company.html :):p

ANyhoo - I'll be back in the loop soon .. I miss my Cabot buds -

Just hate every DCA out there

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Wondered where you were? Have you popped into the lounge for a catch up?

 

Rhia- I'm still reading in on the siteS most days - trying to keep up to date..I'll be free from all other commitments in about a week..

Just hate every DCA out there

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  • 1 month later...

This my first posting and I have been following Cabot with interest for sometime. In order that we may divert the above friviolities to the more serious nature of this site and forum will you kindly tell me more about the Cabot Fan Club please and its' purpose, what you hope to achieve by using such a vehicle and convince me this is a more serious thread for the purpose of debate in the midst of the Debt recovery industry and that this thread is not just taking over from the now defunct Bear garden.

 

Thank you

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Taking over from the bear garden? Oh, dear me no.

 

Th Cabot Fan Club is a collective of Die Hard Cabot fans, as you have probably already surmised. By pooling our knowledge (not all of it on site here in CAG. Big Bad People watch us otherwise), we feel we gain far more information about the activities of this wonderful company than we might otherwise be able to do as individuals.

 

In light of this, it is intended that there will soon be a site dedicated to highlighting the nefarious activities of the Debt Purchasing and Collection industry as a whole. Pointing out in simple terms that the unwary don't just have to take their sh1t any more, and actually have more rights than they ever thought possible.

 

It goes without saying that there will be a primary focus on self help, and hopefully folks will feel encouraged to click on a link to this site to take advantage of even more information, and be able to discuss their own problems in the fashion that us CAGGERS already know and love.

 

The idea behind it really, is to hopefully get these idiots who try to evade laws which exist to protect consumers to perhaps take note of the fact that the general public IS becoming more aware of their rights, and realise that perhaps they SHOULD start to act lawfully from the word go.

 

Hope that answers your question. To which I would like to add... why not start your own thread? I realise that our humour might not be to everyone's taste, but at least with your own thread going, you will have greater say over the content, and the mods are always at hand to weed out unwanted posts etc if it starts to get a bit out of hand.

 

(Curiose too... KMC? Ken Maynard's Cabot Towers?????)

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Taking over from the bear garden? Oh, dear me no.

 

Th Cabot Fan Club is a collective of Die Hard Cabot fans, as you have probably already surmised. By pooling our knowledge (not all of it on site here in CAG. Big Bad People watch us otherwise), we feel we gain far more information about the activities of this wonderful company than we might otherwise be able to do as individuals.

 

In light of this, it is intended that there will soon be a site dedicated to highlighting the nefarious activities of the Debt Purchasing and Collection industry as a whole. Pointing out in simple terms that the unwary don't just have to take their sh1t any more, and actually have more rights than they ever thought possible.

 

It goes without saying that there will be a primary focus on self help, and hopefully folks will feel encouraged to click on a link to this site to take advantage of even more information, and be able to discuss their own problems in the fashion that us CAGGERS already know and love.

 

The idea behind it really, is to hopefully get these idiots who try to evade laws which exist to protect consumers to perhaps take note of the fact that the general public IS becoming more aware of their rights, and realise that perhaps they SHOULD start to act lawfully from the word go.

 

Hope that answers your question. To which I would like to add... why not start your own thread? I realise that our humour might not be to everyone's taste, but at least with your own thread going, you will have greater say over the content, and the mods are always at hand to weed out unwanted posts etc if it starts to get a bit out of hand.

 

(Curiose too... KMC? Ken Maynard's Cabot Towers?????)

 

 

 

"get these idiots who try to evade laws"

 

Do you feel these people are idiots? People who have built a massive business? Do you really feel a small number of people like yourselves would have the knowledge or detail it would take to bring a company like Cabot to heal?

 

I would like to hear more about your intentions so as to see what 'bottle' you small group have'

 

Convince me...

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Certain DCAs have built a massive business from exploiting peoples' fear and ignorance of the law.

 

I know, becuase I was one of them until I found this site.

 

Sadly, every day thousands of pounds are paid to DCAs with absolutely no proof that debt exists, and often as a result of the DCAs breaking the law. Not necessarily Cabot, lawyers!

 

What Seahorse and co are doing is giving the poor old consumer a helping hand to understand their rights. Nobody is suggesting that anybody evade genuine debt; but for the thousands of people who are being bullied and intimidated into paying money we simply don't have then I'm sure the CFC will be very useful.

 

Instead of bitching and moaning, why not add some constructive help?

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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"get these idiots who try to evade laws"

 

Do you feel these people are idiots? People who have built a massive business? Do you really feel a small number of people like yourselves would have the knowledge or detail it would take to bring a company like Cabot to heal?

 

I would like to hear more about your intentions so as to see what 'bottle' you small group have'

 

Convince me...

 

The very last thing I need to do is convince you. You either give a sh1t, or you don't. Matters not a jot to us.

 

If you have issues with these people, I wish you luck. If you are just here to spread doom and gloom. Well, you know where the door is.

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I thank you for your input. Let me explain my reasoning.

 

I am aware that your "Fan Club" has written to one particular Collection firm that I know of, informing them they the treatment your Fan Club members have inflicted upon Cabot and its' management will be forthcoming for them also and that forum members will be advised to follow your instructions if certain changes are not made to collection practices.

 

I am interested in knowing quite what your "Fan Club" philosophy is, how many of you there are and what you intend to achieve. I might be able to assist, I might be able to contribute, I might object to what your are about. Either way I would like to know there is substance, not just for my own personal benefit but for the seriously concerned people who have suffered from Debt Collection Agencies overall who visit this forum.

 

I am just asking you to put your 'mandate' on the table, show me you have some creditability and we can take it from there.

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All will be revealed in due course.

 

However, I think you should be able to glean a little of our "philosophy" by simply reading our threads.

 

As regards a "mandate". Fer fecks sake, we're not a political party touting for votes here. All we're trying to do is act in a reasonable fashion with these clowns, and all we ever get back in reply is lies, half truths and a total disregard for the law.

 

Just to clarify.... we're NOT advocating a way to dodge a debt. We ARE trying to get them to behave lawfully and reasonably too. Perhaps if they did act in that manner, they wouldn't be getting the flak that has headed their way over the past few months. They really only have themselves to blame for a few "rogue customers" getting the hump with them.

 

And if this is Sarah trying to get me wound up, you're a Dead Woman!!!! :lol:

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I seem to have missed a page again, or maybe a chapter, coz Im totally lost with the beggining of this thread :confused: :confused:

Tip us a wink on my scales if you think I may have helped at all;)

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Things will come to light at the right time!!

 

Shouldnt KFC towers be concentrating on making Chicken? ..Oh its KMC -- still no bother- I think they'll be better off doing chicken than taunting ole' Seahorse...Unless it's Sarah winding him up, then it becomes funny.

 

(this might be a double post - sorry if it is ,,but it's my thread after all :rolleyes: )

Just hate every DCA out there

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