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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

jellybabe v Cahoot


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

Thread Locked

because no one has posted on it for the last 6210 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

  • Replies 219
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

GReat news... did you manage to get your recent charges back - or are you gonna start the process again?

  • Haha 1

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

Link to post
Share on other sites

Just answered that on your thread i think,LOL.Although they did state in their letter an amount that is slightly higher than i thought, so it might be in there already. I'll have to do some math to find out for sure.:)

I'm not sure on tackling them twice. But i will deff start a claim with my credit card soon.

Link to post
Share on other sites

Hi Jellybabe

 

Congratulations. I received my settlement cheque 2 days after my letter. Should be with you soon.

 

Well done!

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

Link to post
Share on other sites

GRRR, yesterday i eceived following secure message on my account:

Notice of charges placed on your cahoot current account. There has been a charge placed on your current account with account number *********. This is for an unauthorised overdraft fee of GBP 30.00, unauthorised overdraft interest charge of GBP 0.08 and authorised overdraft interest charge of GBP 2.99. The total charge will be debited on 05-APR-2007.

The funny thing is.....i haven't even exceeded my O/D limit in the last month!! Are they taking the p*** now, or what?????

:mad:

Link to post
Share on other sites

GRRR, yesterday i eceived following secure message on my account:

 

The funny thing is.....i haven't even exceeded my O/D limit in the last month!! Are they taking the p*** now, or what?????

:mad:

 

Jellybabe

 

A little letter again methinks - you have just settled in full, if you want me to start over again I will, now please reverse that transaction and do not do it again.

 

Zx

 

.... now about that drink.... surely you can't be on nights on a Saturday...

 

... a VERY BIG WELL DONE!!

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thank you zubo!!!!

And yes, unfortunately i am on nights until Tues morning!Grrrr!

But hey, that celebration drink is something i can look forward to for next week then :D

Although, i think i wait with the celebrations until i have actually received that cheque and it's cleared.

Did send them an email yesterday asking where i had exceeded my limit in the last statement period.

 

I've been really careful this month , moneywise, and i know for a fact (and my printed out statement confirms that), that i haven't exceeded my limit and i just don't know where they got it from????

Wait and see what they say. If they don't cancel it, i will write them a nice little letter like you advised.

jellybabe:D

Link to post
Share on other sites

Cheque received this morning. Will put it into the bank straight away.

YEEHAAAAAAAAAA!

 

.... i'm on my way - double scotch and dry please....

 

 

Well done, well deserved!!!

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi Jelllybabe - well done, just about to screw Cahoot to the wall myslef :) I'll only be doing it once they accept my recorded delivery letters however! I sent my DPA request on the 14th March and it's not showing as being signed for by anyone via the royal mail website, did you have any probelms and which address did you send things to?

 

Thx V Much :D

Link to post
Share on other sites

Hiya,Thnaks!

I did send all my letters to the Friars House, Coventry adress. But after i filed my claim everything changed to the Abbey National Adress in London.

If you sent it recorded i would imagine it got there. You could always ring Royal Mail and ask them just in case. Just stick to your timescale. but be prepared to wait, they have been dragging mine out to the last minute!

I started mine middle last year.

Good Luck!

Let us know how you get on and if you have questions....ask.....and i TRY to help.

jellybabe

Link to post
Share on other sites

Thx V Much Jellybabe, that's the address I sent the letter to but no sign of where the bugger has gone :( Trying to chase up with the Royal Mail now even though their online tracker claims it's not delivered yet.

 

The Goldfish request has arrived however so at least I'm on my way with that one :)

 

Cheers again!

Link to post
Share on other sites

WELL DONE JELLYBABE

 

WOO HOO..

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

Link to post
Share on other sites

My cheque should clear today - how do I notify court of settlement - do I send a letter? is there a template?

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

Link to post
Share on other sites

hi chimera,

i did send them the following letter:

Dear Sir/Madam

 

xxxxxx -v- xxxxxxx Plc

Claim Number: xxxxxxxx

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £xxxx.xx, by way of a cheque. As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rubutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

 

Yours faithfully,

Did find it on somebodys thread a while ago, but can't remember which one.Hope this helps.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...