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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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Which courts are carrying on????


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wow everyones gone to bed, well billy no mates again.

 

do you think we should start a petition about the UNFAIRNESS of the onesided way the FSA,FOS and OFT are being towards us common folk!!

I reckon if enough of us shout (youve seen the union advert) we might be heard????

 

now there's a thought.

 

 

stay fresh peeps

 

regards as always

 

chris

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Hi Chris :)

 

There is a petition link here:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1063038.html

 

and a link to complain to your MP here:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1065636.html

Now me off to bed too!

 

Jo xx

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I came home from work tonight to be greeted by a letter from Abbey, informing me that they intend to write to my local county court to seek a stay on my claim. I visited my local County Court yesterday and was told that they had no cases stayed. I'll phone them up tomorrow. Abbey have until Sunday 12th August to furnish me and the Court with their bundle. Nothing as yet. I just hope that the Judge is on my side next week when their time runs out. Wish me luck.....

 

Which is your local court?

:madgrin:

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All the below courts have said cases will be stayed whilst the outcome of the test case is decided:

 

Bradford County Court,

Croyden County Court,

Halifax County Court,

Sheffield Laws Courts,

Southend County Court,

 

 

Aw come on - since when? I haven't heard anything yet.

4_2_210.gif

 

 

Jo xx

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Okay just read it.

 

I'M SO ANGRY!!!!!!!!!!!!!!! £350 out of pocket, and an abundance of grey hair and sleepless nights all for bloody nothing.

4_2_205.gif

 

Sorry all - will go vent my anger elsewhere now.

 

Jo xx

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Hi Jo,

and good morning Icy.

 

New Day New Dawn (no not somebody I used to know)lol

 

I have already done the petiton Jo and sent it to my MP my local candidates and my MEP representatives and have received my MPs reply saying he will follow it up.

 

Speaking of Skipton court, do you think the Circuit Judge and the court manager are ducking the issue as they still havent turned up (as of yesterday) to make the decision or do you think they are going to ignore the directive as some others are?

 

Anyway, if the test case does not officially start until October 2007 at the earliest, then WHY have they been allowed to request the stay NOW when it is only August? October as always come after September which follows (yep you guessed it) August? What if this was the other way round, do you think we would be allowed a stay pending somebody taking us to court with the excuse that we need x amount of months to gather all our defence and evidence? Do the banks go hey ok we won't take anymore unlawful charges from your accounts anymore because you have told us not to and if we do you'll get your dad onto us cos he's bigger than our dad?:D Nah did'nt think so!!

 

Anyway on a more serious note should I have Toast or Cereal? :confused:

 

Both!!:D all this finger pushing and sleepless nights made me hungry.

 

stay fresh peeps

 

regards

 

chris

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Hi Icy,

 

Wow:eek: how did you manage that, did you block emailthem all or is ther a court website with the info on it that only you know about?;)

Well done, and well done to Leecabs for starting the list after I mentioned the 3 courts I contacted 1st.:D Tee Hee!

 

stay fresh peeps

 

regards

chris

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Had my claim in Sheffield Stayed by District Judge Oldham,

 

Application for lift being filed now.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Hi Icy,

 

Wow:eek: how did you manage that, did you block emailthem all or is ther a court website with the info on it that only you know about?;)

Well done, and well done to Leecabs for starting the list after I mentioned the 3 courts I contacted 1st.:D Tee Hee!

 

stay fresh peeps

 

regards

chris

From here

:madgrin:

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Hi

I have a case due to be heard on the 31st August at Slough County Court. I have phoned them and they have told me they are looking case by case. I received a letter from the abbey yesterday saying they will be applying for a stay, so i have faxed over my objection to their stay request this morning. It has taken me till january to get this far !! Very frustrating !!!!

 

jane

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Hi Icy,

 

clever;)

I have just emailed the Department for Constitutional Affairs:eek: , and clicked on the Judges section which took me to another page regarding making a complaint. You can do this by the email link, I will probably follow this up with a hard copy letter as well just incase their computers are over heating.:eek:

Can't say too much yet as I am waiting for a reply. But it was regarding the fairness of the stays (sorry the UNfairness) I kept it nice and simple (about 3 pages long.:D ) and now it's wait and see.

 

I will put a snippit in later when I get a reply.

 

Jane & Chelsea boy, just keep going until it's time then it's up to the Judge.

good luck.

 

stay fresh peeps

 

regards

chris

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Hi

 

I faxed the court saying that I have heard from the defendant that they intend to request a stay pending the OFT case. I sent them this objection...originally posted by alanfromderby..see below..i wasnt sure how to do the link....

 

 

As the banks have indicated they will apply for stays, it’s in the form of a statement to be used to oppose any application for a stay.

 

If you already have a court date, it should be taken to court with you alongside your usual bundle and witness statement so you can argue against a stay if one is proposed.

 

Quote:

 

Claim Number:XXXXXXX

 

In the XXXXXXXX County Court

 

Between:

 

 

[YOU]

Claimant

 

 

-and-

 

 

 

XXXXXXX BANK PLC

Defendant

 

 

 

I strongly object to the proposed order of a stay in respect of the claim detailed above upon the following grounds;

 

Human rights

 

It would infringe my rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998. Article 6 of the Convention provides that;

 

“1. In the determination of his civil rights… everyone is entitled to a fair and public hearing within a reasonable time.”

 

It is submitted that the ordering of a stay as proposed is not reasonable. The 8 banks involved in the High Court test case have recently published identical statements on their websites informing customers that they expect the test case to last for over a year. Moreover, the nature and gravity of the case is such that any judgment is highly likely to be appealed to the Court of Appeal and possibly even then appealed further to the House of Lords. It is entirely conceivable that a final resolution may not be reached for 2 – 3 years or perhaps even longer. It is thus submitted that the period of any proposed stay cannot be accurately predicted and would therefore in effect be indeterminate, which is contrary to the right of entitlement to a fair hearing within a reasonable time as provided for by Article 6 of the Human Rights Act 1998.

 

The Overriding Objective

 

The Overriding Objective requires that my case is allowed to proceed speedily so that a just settlement may be obtained by the parties to this case. Dealing with cases justly includes ensuring that this case is dealt with expeditiously and fairly and in a way that is proportionate to the amount of money involved. It is submitted that the imposition of an indeterminate stay in a small claims track case involving a reletively small sum, at such an advanced stage in proceedings, is not just, nor is it expeditious, nor is it fair on a claimant who has outlaid sums by way of court fees in pursuit of a legitimate right to seek a remedy.

 

Balance of convenience

 

The sum claimed is insignificant to the bank but it is highly significant to me. Furthermore, although a stay prevents me from recovering my money, the defendant bank is not prevented from levying its charges or interest on debt comprised of those charges so the order of the court has the effect of favouring a powerful and well-resourced institution and does not place any restriction on their continued application of charges which I say are unlawful. Further, many banks are now routinely closing the accounts of their customers who commence claims against them. This amounts to a sanction for seeking a ruling from the justice system and as such is a basic denial of citizenship. I will remain at risk of such action despite the fact that my remedy has been placed on an indeterminate hold.

 

Additionally, the defendant remains at liberty to enter my name on the default register which it and other banks routinely do in respect of unlawful penalties which are unpaid by their customers. The banks have direct and privileged access to this register. They have no need to obtain a County Court judgment before they may enter a default on the register. This default remains on the register for 6 years and causes enormous damage to reputations. Were my name to be entered on the default register I would find it impossible to get credit or a mortgage and I would have to pay higher fees for any credit which I did manage to obtain. The banks would also remain at liberty to bring legal proceedings against me for the recovery of any debt which mostly or entirely consists of penalty charges, penalty charges which are contended to be unlawful, but which consumers would be helpless to challenge in the event that stays are imposed on any claim where a customer is seeking to dispute the lawfulness of them.

 

It is submitted that a stay may potentially mean great difficulty for me and yet be insignificant for the defendant bank. In fact a stay is supportive of the banks litigation strategy which is to frustrate justice by repeatedly taking the claimant to the door of the court and then to settle the claim.

 

The Status Quo

 

The stay does not maintain the status quo. As submitted above, a stay favours the bank by preventing the claimant’s pursuit of its legitimate remedy without placing any restriction upon the banks activities which I submit are unlawful and/or retaliatory.

 

Furthermore, as submitted above the present case concerns a relatively small sum and is at a late stage in proceedings, and therefore I submit that to impose an indeterminate stay is unnecessary, inappropriate, not in the interests of justice and further, is detrimental to my rights in a way which is unfair and inequitable.

 

In the alternative

 

In view of the preceding paragraphs, if the court accedes to the defendant’s application for a stay notwithstanding these objections, I respectfully request that the court issues the following injunctions:

  • That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter.
  • That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter.
  • That the defendant is prevented from closing my account.
  • That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.
  • That the defendant removes any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998 )
  • That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)
  • That these injunctions remain in place until the settlement of my claim.
  • That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent.
  • That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent.

I, the Claimant, believe all facts stated to be true.

 

Signed:

Dated:

 

 

 

 

good luck

 

jane:)

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WOW ICY :eek: Thats one wicked expansion on the list, one thing we all need to remember is to be clear when saying a certain court has stayed. You should make it clear on your posts whether the Stay is a blanket one or an individual one applied to just you case.

 

I wonder if we should organise a protest rally against the the banks?

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So now I am really confused?? :confused: Nothing new there then :D

 

How come my Court is on the Definate Stay list, and the not sure list too?????

 

ps it's a Don not a Den - well no, it is a nasty horrible den actually, but you know what I mean!

 

:confused: Jo xx :confused:

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come on you bankers out there watching our posts what have you got to say, remember time is on our side Not yours and it just means we come out fighting harder and hitting deeper and deeper into your pockets matey.

Have you noticed how well we come together as a team and work out our problems!!!!

There's more support given in these type of forums than you will EVER get from your customers and guess what 'IT'S FREE' look it's free I havent charged any one to chat to and they havent charged me best service YOU will eber see and the profit we make, whatever you have to pay wether it be now or next year, I'm just adding the interest 'KERCHING' theres another £1.26:D , only another 204 days to go 'KERCHING-A-LING-A-DING' and thats just on ONE claim, Ive another 2 besides that and my inlaws as well. 'KKKKKKKKKERRRRRRRRRRRRCHHHHHHHHHHINNG!:D

 

ooh I've gone all dizy at the thought.

 

stay fresh peeps

 

regards

chris

I'm going for a lie down now:cool:

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how about writing a letter to the OFt and FSA complaining about the banks being allowed the waiver and request stays yet are allowed to carry on charging. the letter that has been sent to the MP's / MEP's can be adapted slightly to be sent to their OFt and FSA. I fired letters off and they have now been passed to the relevant chairmans. If we all write then maybe they will remove the waiver or a least make a ruling that the banks cannot charge whilst the test case is in progress.

 

if anyone wants a copyof the letter, PM me and I will send you it.

 

good luck and keep up the good fight.

 

check these threads out they are SO Helpful

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/108984-list-all-mps-written.html

http://www.consumeractiongroup.co.uk/forum/general/108220-fsa-review-waiver.html

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Hi Jules, sent my complaint to the top at the dept for constitutional affairs

But will pm you later for the letter, too much time on here all my DIY jobs are stacking up, so got to blitz them for now.:( be back later.

 

stay fresh peeps

 

regards

chris;)

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So now I am really confused?? :confused: Nothing new there then :D

 

How come my Court is on the Definate Stay list, and the not sure list too?????

 

 

 

Because of this post Jo :( BTW now spelt correctly lol

 

Hello folks - just thought you might like to know that we went to Croydon court with the Shabbey for our final hearing today.

 

The Judge actually started the hearing with the word unfortunately :mad: and proceeded to tell us that her instructions were to stay all cases pending the result of the OFT test case. I fought based on the objection to stay provided on this site (amended to take into account the OFT test case) and managed to have the stay made finite, proceedings would be stayed until the determination of the test case or 1st March 2008. The judge refused to entertain any of the "In the alternative arguments" saying she did not have the power to enforce these.

 

Good Luck to all of you out there - hope your courts haven't decided their ruling before you even set foot in the courtroom!!!:(

 

Lolakahha xx

:madgrin:

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