Jump to content


  • Tweets

  • Posts

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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

nat west owe me £37k ***won** 13/04


scott150663
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6190 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

scott 150663,

Totally and absolutely understand your feelings towards Nat West .My total charges settled or still in the claims process total around £27,000 with interest. I split mine into 4 different claims. They absolutely crucified my business. We got stuffed by the foot and mouth epidemic and Nat West just gorged themselves with penalty charges from our account.. I understand even how Nattie was surprised by the amount of the charges levied on your account. Speaking only from my experience with NW. Therepursuit of obscene profits in the pasts years were cynical and ruthless to say the least. . Finally i wish you the best of luck. Keep everyone posted on this brilliant site.

There is alot of help available here.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

Link to post
Share on other sites

  • Replies 199
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Scott.

I too wish you the very best.

My business was not on your scale, but the sheer greed of the Banks makes my stomach turn.

Rather than pursuing what was a justifiable profit for their services, they would find any angles to maximise profits.

I remember one occasion when I had no ovedraft facility, but had a cheque presented for £20. Instead of allowing a temporary £20 facility, and being content with the interest on such, instead they returned the cheque, charged me £30 for doing so.....which then took me £30 overdrawn anyway.....then hit me with another £30 in Unauthorised borrowing fees !!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

thanks eveyone for your replies i will keep you all informed of my claim over the next few weeks .Good luck all we'll all get our money back .

 

the banks cant win so its just time,be patient and hold out 4 all your charges & interest

 

regards

scott

Link to post
Share on other sites

Hi Scott, I've replied to your PM.

 

Also, just out of interest, what type of charges is it that you're claiming?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Ok, thats fine then. I was just making sure you had'nt included monthly service fee's or normal OD interest, etc - its a very common mistake and as your claim is so huge I thought I'd better check.

 

So have you completed an N244 then?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Ok, thats fine then. I was just making sure you had'nt included monthly service fee's or normal OD interest, etc - its a very common mistake and as your claim is so huge I thought I'd better check.

 

So have you completed an N244 then?

 

 

GARY

 

 

Yes finished the N244 at court on Friday but decided not to leave it with the court until i checked it out on this site. I followed your link and added some extra info onto the form.So on monday im filing my N244 AQ and keeping my fingers crossed (im confident its all correct as i double then double checked every item)

 

thanks for your help Gary

scott

Link to post
Share on other sites

Sounds good to me.:)

 

Keep us informed.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

hi everyone

 

i got notification from the court that the judge has approved my ammended POC (COST £35) i had already sent cobbetts a copy so i faxed them a 2nd copy along with a copy of my charges (again).corbetts said thet hadnt recieved the other copies (normal stalling tactics i believe).i followed up the fax with atelephone call to confirm they had recieved all the pages and would they require any other info faxed to them.They replied that they had all the info that they require so i asked them whether i could also claim the £100 for the AQ the reply was YES they will pay u that as well,ithen asked at what stage they are at with there defence and i was told that it will now be up to the nat west to decide on what course of action to take.i'm assuming im close to being paid out am i correct? or have i got more suprises coming my way.....

 

any comments would be appreciated

regards scott

Link to post
Share on other sites

Scott

What stage are you at?

Have you recieved their defence, and now filed your AQ?

If so, it is now a matter of awaiting the courts directions as to track, allocating a court date, (and whether, and when disclosure would be ordered).

Please post a bit more info about your claims history, your current positions and whether you have a court date ?

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

photoman

 

thanks for responding

ive filed my AQ

also asked for disclosure but no court date as of yet,i ammended my POC because i referenced consumer law in my original POC,the claim is staight forward as im only claiming for returned cheques &ddi's + statutory interest at 8 %.

 

I take it from your reply that nothing will happen until i get court date is that correct?

regards

scott

Link to post
Share on other sites

LBA 4 TH December 2006 WHICH THEY LOST

2nd LBA 2nd Jan 2007

no response told to wait 8 weeks

24 jan 2007 mcol

corbetts filed defence on last day (via fax to court)

10 march i filled ammended POC & AQ submitted

 

16 March 2007 judge allows ammended poc

16 march faxed corbetts to serve ammended POC & copies of charges (again)

 

hope this helps

scott

Link to post
Share on other sites

photoman

 

thanks for responding

ive filed my AQ

also asked for disclosure but no court date as of yet,i ammended my POC because i referenced consumer law in my original POC,the claim is staight forward as im only claiming for returned cheques &ddi's + statutory interest at 8 %.

 

I take it from your reply that nothing will happen until i get court date is that correct?

regards

scott

 

It seems to be the usual course that the Banks will wait until very near the court date, or the date that they are finally required to provide disclosure (dependant on track allocation) until they will attempt to make a settlement. Presume you have not had a court track and date allocated yet ?

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

Hi Scott,

 

Once you have re-served the amended claim you should send the Court a completed certificate of service, here - http://www.hmcourts-service.gov.uk/c.../n215_0106.pdf along with a copy of the N1 so the court knows when the bank need to respond. Make sure you keep a copy of the N1 for yourself too.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

hi everyone

i ve reiceved corbetts AQ today can someone confirm what the following means and do i need to reply to corbetts?????

 

 

case management directions cannot be proposed until the claimant serves a reply to the request for further infomation which was due on 19th March 2007. In light of this, the defendant may amend its defence or apply to strike out.

 

im assuming they are refering to cpr request which i refused to answer and sent them a letter from the template section explaining my reasons..

 

Just for anyone who is claiming more than £5000 My claim is for £37000 and corbetts are requesting fast track and are asking the court to allow 3 hours for the case to be heard....

 

is this common what will happen next

 

thanks for any replies

 

scott

Link to post
Share on other sites

Scott,

I would suggest you PM GaryH, who know all about AQ's etc and already taken note of your case it appears.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

Hi Scott,

 

Which letter did you send in response to the part 18 request?

 

As you're claim is so large and will probably be fast or multi-tracked, personally I would advise you to answer it as it is likely to be seen as valid in the eyes of the court.

 

Post up the wording of the p18 request and I'll help you with a response to it.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

hi gary

 

letter i sent to corbetts

Dear Sir or Madam:

Claim No:xxxxxxxx

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours Faithfully

also corbetts are requesting Fast track

i asked court for Small claims court

so it will be up to the judge to decide which track the case will be heard.if i dont send in the cpr 18 can they strike the claim out ,as the cpr18 is a REQUEST surely the judge would direct me to complete the cpr18 if he/she requires that info. you guys have more knowledge than i so should i just fill in it.......

thanks again for your help (thank god there are people like you out there)

regards

scott

Link to post
Share on other sites

You're right that they can't apply to strike out solely on the basis that you did'nt reply to a part 18 - they would have to seek an order from the court for the part 18 if they wished to pursue it.

 

The court are likely to see the request as valid though, and I don't think you can point to the small claims track provisions as a reason not to respond - its almost inconceivable that a 37k claim would be allocated to the small claims track.

 

So you can either respond to the part 18 or wait for directions from the court, its up to you really.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

yeah, depending on who you want to get there, its

 

their first name then dot, then second name [email protected]

 

hope that helps. But dont expect any replies. I didnt get one and sent about 4 e mails about different stuff to Lyndsey Burgoyne. They dont reply.

 

Fendy xxxxxxxxxxx Best of luck though

Link to post
Share on other sites

yeah, depending on who you want to get there, its

 

their first name then dot, then second name [email protected]

 

hope that helps. But dont expect any replies. I didnt get one and sent about 4 e mails about different stuff to Lyndsey Burgoyne. They dont reply.

 

Fendy xxxxxxxxxxx Best of luck though

[email protected]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...