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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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


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I was thinking people could put specific quiestions about how this affects there claim in here to keep them in one place.

 

My question, I'm going to post my court bundles today should I still do this?

23/02/07 Request for payment sent (hand delivered to my local branch)

08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received

13/03/07 Letter before action sent (hand delivered to my local branch)

27/03/07 Partial offer of £1255 received

29/03/07 MCOL submitted

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How long is the OFT test case likely to take?..

 

I read untill the end of the year..

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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How long is the OFT test case likely to take?..

 

Got this answer from BBC news quote "how long is a piece of string" it all depends on how long the banks want to string it out.

 

But my opinion we need to proceed with all bank cases until a court rules that the individual case stayed that puts the account in dispute until after case settled.

 

The banks will try to say they are not taking any further cases its not up to them its up to us the consumer so just continue until you meet the brick wall and wait for it to come down.

 

I know this does not help when you need the money in your pocked but at least if you have got the case to court it is earning minimum 8% stat interest till case settled.

 

dpick:mad:

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Hi,

 

Pretty confused about the implications of this...

 

I've got a court date set for 28 Sept. I understand that I should continue as normal until I hear otherwise, but reading between the lines I fear that my court date will be suspended pending outcome of this hearing??

 

I appreciate that this test case is good news for consumers in general, but after such a long wait for me personally, it finally seemed as though the end was in sight, it's a tad frustrating to say the least that it looks like I'll be in limbo for another few weeks and months....

 

Is there any indication when this is likely to be resolved once and for all?

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Two questions really:

1 - Although the OFT are excusing the banks from dealing with these complaints, by my continuing along the normal route, would an acount still be deemed as 'in dispute' and therefore prevented against action by a bank for as long as this test case lasts? Which I heard could be as much as 6 months!

 

2 - Does any of this affect credit cards and loan companies? I know they sit under slightly different hats and laws, and so as I am pursuing a claim against a CCard company, is this limited by the above notice from the OFT?

 

Thanks all

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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2 - Does any of this affect credit cards and loan companies? I know they sit under slightly different hats and laws, and so as I am pursuing a claim against a CCard company, is this limited by the above notice from the OFT?

 

Thanks all

 

Peter

Hi Peter, I heard this only affects current accounts. NOT credit cards / loans etc.
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Questions regarding making a call to the Barclays Litigation Team

 

I was due to make a call today regarding my court case which is 13th August. Do you think now the OFT Case is going through I am not likely to get any payment in full made early?

AND Is it worth giving them a call?!

many thanks

:D

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Questions regarding making a call to the Barclays Litigation Team

 

I was due to make a call today regarding my court case which is 13th August. Do you think now the OFT Case is going through I am not likely to get any payment in full made early?

 

AND Is it worth giving them a call?!

 

many thanks

 

:D

just rang them ,they said no more of that,their letting all pending cases carry on to court.bull or not i dont know.

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So, cases are likely to be stayed and FSO is suspending complaints procedure and banks are not taking new complaints. Bet the banks don't stop charging in the meantime.

supose you will have to turn up to court and be told.if thats case,hope they just send letter to stay.asap.

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ok guys and gals, I think what Tezl has said is very interesting. They have said to him that all cases will go to court...

...in which case you would still win! There has still been no bank willing to give details in court...this makes your suggested directions in allocation and your court bundle ever more important.

 

Generally, I would think the courts will Stay pending test case, but those that already have a date will have to see it through (I would think) so carry on, read up on the bundles, and go to court...chances are they won't even bother to turn up! When they don't - you win! If they do, you follow the bundle and advice - and you win!

 

The test case is what we've all been after - the banks have thrown us a curve ball, probably hoping lots will just not bother now, and even pull out of cases! Don't!

 

BWorm is right, even if your case is stayed, you are still accruing your 8%, they can't stop that, it's a court ruling!

 

I think Dar£n, on another thread, has summed it up well, that the WORST that could happen is the courts agree that £12 is ok as a reasonable cost (whatever!) but that would still mean you would be owed over half of your claim.

 

The problem comes then when the banks start saying they need time to work out a release strategy, how they will pay people back - then more delays...if you are already in the loop then you will find it easier than someone starting from scratch.

 

I know I have already won, and I understand the anguish people must be feeling (I am starting my second with BCard just now), but in another way, I hope I can help people through this by being able to stand back a little and tell them not to worry too much, and continue as before.

 

The guy from MoneyExpert was on Channel 4 news last night, and he was livid, he and sites like this, will fight this all the way. Even when the test case is over, we don't know what it will mean to claims, and therefore what it means to us.

 

Keep your chins up, put your best foot forward, and keep on marching on towards One Churchill Place.

 

This site and others have now shown that the banks are scared, they have adopted a pretty risky strategy - like cutting your arm off when you bruise your elbow - and it will backfire, they will be shown for who they really are, and the nation will be the winners here, not them.

 

Best luck to everyone, and me and the thousands like me on this site are here by your sides!

 

Good luck!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Thanks for that calming message pjdavies2000. I agree with alot of what you have to say. I will go ahead anyway, cos at the very start of this I didn't even realise that the charges were disputable so at the very worst I will end up with what I started with.0

 

I will try my best not to say anything defamatory or liabellous. My own personal opinion is that it is slightly surprising consumer groups trying to claim back charges to my knowledge have not yet been invited to contribute any input so far with ref the the OFT course of action. I admit I may be wrong about this and apologise in advance, and hope to be corrected.

 

What is the role of the OFT?

 

I am always very cynical when one organisation appears to take strong action regarding others. There is always something in it for both parties, especially when there may be an unpallatable compromise to be made somewhere along the line by either party. I very much hope I am mistaken.

 

I shall stop there.

 

Again I hope i haven't said anything stupid, and apologise in advance.

 

vincymum

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ok guys and gals, I think what Tezl has said is very interesting. They have said to him that all cases will go to court...

...in which case you would still win! There has still been no bank willing to give details in court...this makes your suggested directions in allocation and your court bundle ever more important.

 

Generally, I would think the courts will Stay pending test case, but those that already have a date will have to see it through (I would think) so carry on, read up on the bundles, and go to court...chances are they won't even bother to turn up! When they don't - you win! If they do, you follow the bundle and advice - and you win!

 

The test case is what we've all been after - the banks have thrown us a curve ball, probably hoping lots will just not bother now, and even pull out of cases! Don't!

 

BWorm is right, even if your case is stayed, you are still accruing your 8%, they can't stop that, it's a court ruling!

 

I think Dar£n, on another thread, has summed it up well, that the WORST that could happen is the courts agree that £12 is ok as a reasonable cost (whatever!) but that would still mean you would be owed over half of your claim.

 

The problem comes then when the banks start saying they need time to work out a release strategy, how they will pay people back - then more delays...if you are already in the loop then you will find it easier than someone starting from scratch.

 

I know I have already won, and I understand the anguish people must be feeling (I am starting my second with BCard just now), but in another way, I hope I can help people through this by being able to stand back a little and tell them not to worry too much, and continue as before.

 

The guy from MoneyExpert was on Channel 4 news last night, and he was livid, he and sites like this, will fight this all the way. Even when the test case is over, we don't know what it will mean to claims, and therefore what it means to us.

 

Keep your chins up, put your best foot forward, and keep on marching on towards One Churchill Place.

 

This site and others have now shown that the banks are scared, they have adopted a pretty risky strategy - like cutting your arm off when you bruise your elbow - and it will backfire, they will be shown for who they really are, and the nation will be the winners here, not them.

 

Best luck to everyone, and me and the thousands like me on this site are here by your sides!

 

Good luck!

 

Peter

hi peter, the way i read darren was he thought £12 with no payment of differnce.tez

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Ok, would anyone like to comment on the below drafted letter.

 

My thinking is that, in light of what Dar£n has said and quoted, that we should all be making a written demand that we should be treated as equals in this, and accredited at least the same level of allowance in our banking, as they have been given in their dealing of complaints:

 

Dear

 

Account Number Sort Code

 

As I am sure you are aware, the Office of Fair Trading on the 26 July 2007 made a statement declaring its intention to take a trial case to the High Court with a number of the major banks and building societies, for which you are one.

 

As a gesture of goodwill on the part of the OFT, they have allowed all banks and building societies that agree to be held by the decision of this test case to halt all complaints brought to them that refer to bank charges and fees.

 

As a consumer, and a customer, I feel this has impeded my right as a consumer, and is now subjecting myself to a long and drawn out process for which I am certain will be in favour of myself, the customer.

 

I demand that until this test case has been concluded and a decision on its outcome has been propagated through the industry, and conveyed to the industries customers, that you, as a responsible banking institution should also halt debiting from my account anything that relates to said unfair charges and fees, either as a gesture of goodwill on your part to my own account, or as standard practice to all your customers.

 

As you know from previous communications, I disagree with your charging structure, and have on numerous occasions sought to rectify this matter with you. However, the OFT statement will not be altering my decision to continue my case against you, if necessary, up to and including that of court action.

 

A copy of this letter has also been sent to the Office of Fair Trading. I would request a written response to this letter within 28 calendar days, accepting that my above demands will be met.

 

Yours sincerely,

 

 

Annoyed Customer 1001

I'm not sure if it would work, but at least we are showing that we are not taking this lying down, and that the OFT, whilst representing the consumer, has failed to ally the consumer in it's decision to grant the banks certain leniancies in return for a test case. At worst, you will get nothing, at best you will get something, but if nothing else, its another sheet to take to the court to show you mean what you say, and have tried to meet them halfway where possible!

 

Comments on a SAE to...erm, actually just hit reply!

 

Peter

 

edit: The third para especially seems mental to me! But lets see!!!!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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just rang them ,they said no more of that,their letting all pending cases carry on to court.bull or not i dont know.

 

so they almost certainly will not be paying anyone ahead of their court dates from now?

 

I'll give them a call, find out who is dealing with my case & get some feedback :smile:

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pjdavies2000, your 3rd para is what I was trying to say in my 4th para.

Personally I would like to agree with your conclusion in your 3rd para, but at the moment I am unable to.

I like your letter.

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Thanks Vincymum

 

I think the banks think they have managed to pull a fast one over everyone, and looking at the 'headless chicken' posting today, they will probably think they have managed it too! But today is a blip, in an otheriwse faultless application of claiming.

 

A letter, if nothing else, will show that we still mean business, the OFT decision has not phased us, and we now want a little bit more in return.

 

I admit, it's tokenistic, especially if your bank account has been closed, or you don't bank their anymore, but who is to say this letter couldn't go to every bank you currently use anyway!

 

Tokenistic has its place, and for us, that's in a court bundle!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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i have a court date for 7th september and just rang court lady said no change as yet but the banks can apply for a stay and that might take a few days so call back next week !!!

oh gee wonder what they will do.col.

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