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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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      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.

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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.
      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
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Paintball vs NatWest**WON POST OFT**


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I originally sent SAR on 19 March to NatWest relating to a closed NatWest credit card account stating that I no longer had my a/c number but providing lots of info.

 

To date no response so contacted my bank, Cooperative, who kindly spent a lot of time tracing the a/c number through payments going out of my account to NatWest!!!

 

Reminder SAR sent today by recorded post reminding them of 40 day expiry date.

 

Just waiting now ...:rolleyes:

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Wow, that was a nifty idea......... well done for your ingenuity........... Just sit back and wait now. And do come back as soon as you get some paperwork through. If you need any help. Just feel free to shout........ were all here to help. All the best............ Fendyweather xx

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Hi Fendy

 

I have a feeling that I'm going to be spending a bit of time on the NatWest sub-forum; I'll be claiming back ALL my charges from my old NatWest credit card and that goes back beyond 6 years.

 

I also want access to data from a NatWest a/c I had for a short period of time in about 2000 so will probably need to use some nifty footwork again to get that a/c number ...

 

:rolleyes:

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Morning Nattie!

 

Thanks for posting this message. I have read your sticky and appreciate your taking the time to make this info available. You do state though that it is for people whose accounts were open in October 2002, so was unsure whether I would get anywhere as my account was opened pre 2002 and also closed by October 2002.

 

So, if I call in to the NatWest branch in question and give the info you suggest, will they be able to access my account number from the Archive or should I get the sort code for that branch and telephone NatWest?

 

Cheers P:)

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Bump for Nattie :-)

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Guest NATTIE

The stickie on accounts closed stated October 2002 and prior to that, ie before that date. UNLESS i wrote the thread with a minor error, i will check whether i did.

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You wrote post October 2002 but I guessed that this was a blip and that you meant pre! I've got my sort code and branch address and will either contact Alex at NatWest DPA or call in to my old branch ...

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Guest NATTIE

I re read that bit and may well report my own thread to get it sorted, but there is a minor error which states if it was open in October 2002 rather than what i think is maybe in or prior to October 2002. Thanks for that i will get it rectified.

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To access my old a/c number: Called NatWest DPA office and obtained start and end dates for a/c. Took this into old branch today where Manager was very helpful in giving me my old a/c number and tried his utmost to access my statements dating back 10 years! He contatced a senior colleague who told him just 6 years ...;) He did try though.

SAR on the way. THANKS NATTIE

 

NatWest card a/c: received some sheets of paper in post (including a table of payments and 1 charge only!) with letter signed Mr. C Gajewski, Regulatory Risk, Southend. Sheets gave me very little info so 'phoned up and asked for Statements. Girl seemed helpful and explained they have a huge backlog. Will send letter too.

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  • 3 weeks later...
good work at least you have account number and sort code.

 

 

Ah Nattiekins, how I miss you :(

Sent LBA for non-compliance of request for statements yesterday by recorded delivery. NatWest have made a small effort to get information to me, but was not sufficient to make a claim. Still waiting :???:

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Ah paintball. On this forum, the WAITING just goes with the territory Im afraid. Thats honestly the worst bit about Nutwest. They just seem to take utterly forever, on everything....................... theres no reason to it, some peeps are lucky and get info quick, other not. Theres no set pattern, but they will string it out to the very end, i.e. court date, they always do.......... Lol. But this forum teaches one thing above all else. PATIENCE, and theres some ace nut jobs on here to keep your spirits up throughout. Nice to have you onboard Paintball after all your kind help with my Capital One spready. What a darling, thank you again, so much. Fendy xxxxx

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  • 1 month later...

Received statements from old NatWest card on 24 May 2007. Took 64 days to receive the information.

 

Shortly afterwards, letter from Customer Services offering me £3.18 ... :eek:

 

My claim is small but I have sent off prelim request for payment (respectfully declining their measly offer) and schedule of charges with CCI. It's a tad more than £3.18 though ;)

 

Luv to all still here ... Painty xoxoxox

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Hi Paintball, lovely to see you back - hope you enjoyed your hols.

 

Wow - they've offered a whole £3.18 eh? Their generosity has nearly knocked me off my seat!

 

Keep up the good work hun............ they might just round their offer up to £4 soon!!! ;) xxx

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LBA sent today requesting return of all charges and interest on this old card account. I had also requested removal of default notice which NatWest in their reply to my prelim have not referred to. I am requesting removal of this default together with all adverse markers on my credit file and will not be put off!!!

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Go for it hun............ all guns blazing!

 

Best of luck xx ;)

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Thanks Hedgey. I'm sick and tired of prejudicial info on my credit file and until I found CAG, I wouldn't have known where to begin in getting stuff removed. There's quite a bit on there as a result of unfair and unlawful charges and the more people who fight this in my view, the better for all consumers.

 

:D Painty xxx

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I'm with you all the way - couple of defaults of my own from credit cards due purely to ridiculous scavenging charges as well. Looks like hard work to get the default removal................ but you can't keep a good woman down! xx ;)

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sorry to jump into this one so late, but £3.18???????!!!!!!?!?!?

 

I did larf at that one...... what did they expect you say, really?? do think the guy/gal who typed that letter was on a dare/bet????

 

ha ha.

 

You know with the whole Default notice thing?? I paid and satisfied all of mine in december last year, but for some reason I still cant even open a bank account!!!! Not stealing your thread, but this one has got me annoyed....

If this post has helped you, please hit the scales under my name. Thanks!!!!

 

"I would dig a thousend holes, to lay next to you. I would dig a thousend more, if I needed to"

 

www.incognito-photography.com

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sorry to jump into this one so late, but £3.18???????!!!!!!?!?!?

 

I did larf at that one...... what did they expect you say, really?? do think the guy/gal who typed that letter was on a dare/bet????

 

ha ha.

 

You know with the whole Default notice thing?? I paid and satisfied all of mine in december last year, but for some reason I still cant even open a bank account!!!! Not stealing your thread, but this one has got me annoyed....

 

Hey Hedgey and Bobba

After reading around the default subject in the Legalities section and also looking at the website checkmyfile, I've really come to understand how much default notices and adverse markers can affect your credit rating. That's not to say that I was ignorant beforehand, but I now feel a degree of helplessness in this area as the volume of work required in getting these and any other prejudicial info removed is huge

 

I had to laugh because when I did the credit score quiz on checkmyfile, I came out quite well or average compared to others. I then did another quiz to see what would further affect my score, moving house, retiring, etc, and discovered that what I really need to do to boost it no end is to GET MARRIED!!!!

 

I thought reclaiming my charges and interest was going to be tough but defaults? this is going to take some time, sweat and tears, I feel ...:o

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No better gal to handle it though paintie............... I imagine they may just meet their match now! And soz hun............ can't help you with the marriage thing............... I can't afford to divorce ma' hubby!!! xx :D

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