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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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      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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African Igbo vrs Barclays/Woolwich


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Hi dar£n thanks for confirmation to date I still haven't been issued a court date So let you all know when I do.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Can I check with the courts whats the likely duration before I get a date.

As it's been a week now.

Master Sun SAID:

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Update at last. I have received Notice of Issue.

My Claim was issued on May 31st it is deemed served on 8th of June and Bs have until 22nd of June to reply. Now I know that Bs wait until the last minute But at this time can I telephone Bs Litigation team for a satisfied settlement.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

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bennyowen that was done when I served the court proceedings.

Also I have another month of charges and of course the s.69 interest So I assume when I eventually get a court date and a mass my court bundle (week or so before) I can submit a new SOC in relation to my charges updates.

Thanks.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

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I had a email reply from Dino at Bs and Paul Quinn is dealing with with my claim

So I will wait patiently for his reply.

Cheers

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

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If you have already filed at court the only way you can amend the claim to include new charges and s69 interest (if you did not originally claim it ) is to complete form N244 to amend the particulars of the claim. This costs £35 and is not recoverable

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Excellent - Where do I obtain the N244 form to prepare to amend the particulars of my claim when the time arises.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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african_igbo

 

Are you sure it is a good idea to amend your claim at this stage? It could cause you more delay. What if you incur more charges after the amendment?

 

The alternative to amending the current claim is to put together another claim for second claim later when you have completed the current one. There is no limit to the number of claims you can file against the same defendant - just ensure you do not claim the same charges again.

 

Well, the choice is yours.

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Ta Trucker me download the n244 form ta my friend Bs got until 22nd of June to enter a defence I assume that they will after the golden hr thus I assume that i enter a ns44 form then when I submit my court bundle.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

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arrrh gd idea I will take that on board I got the s69 bit slightly wrong and got 2 more mths of charges sounds a better idea.

Thx

Master Sun SAID:

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Judgment Day 2 day Bs are supposed to enter a defense So I expect a bit of paper work this weekend then. When Do I send for a Request for Judgement.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

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Yesterday was judgment day for Bs 22nd of June Thus whats the best course of action Do I send the Request for Judgment off on Monday Morning recorded delivery.

Master Sun SAID:

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Yep They have filed a defense thus in 28 days I assume I get a letter for my day in court hence when do I start negotiation's.

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  • 3 weeks later...

Hi All - Bs have until the 16th of July to enter their defense So I am getting rather worried now!.

 

Do I need the Terms and Conditions as part of my defense, I have a Friend in printing business who will make 3 copies of the Court Bundle when I get the Court Date.

 

I will get them printed a week and half before going to Court.

I have not had any replies to an email asking Paul Quinn ( Who never returns Tel calls or email) So that's that very unprofessional in my book just to say "Yes" I am and will look into nearer the date would be sufficient. Gloves off So plz confirm the T&C's.

Master Sun SAID:

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