Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #41
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    I tend to agree your thoughts re Mediationicon and for me the ideal outcome would be that they collect the vehicle and refund what I am outstanding as due to their falsehoods around the reasons for late delivery I feel that the work carried out and any future work carried out would entail trust issues.

    The other issue is that for them to agree any form of Mediationicon they need to make contact to discuss it and as they have failed to respond to emails and letters I suggest they will not respond until the correspondence comes via the court and by then I will have incurred another £1200 pounds.
    I have not suggested any form of mediation to them in correspondence to date.


  2. #42
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    The time for formerly indicating that you would be amenable to a Mediationicon solution is a long way off.

    If you feel that there is a trust issue which would get in the way of an offer of repairs, then this is extremely valid.

    Some people seem to think that refusing Mediationicon would be looked upon critically by a judge. Not true



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  3. #43
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Quote Originally Posted by BankFodder View Post
    I haven't looked through the whole thread again. The draft I have proposed above is something that I've made up on the fly. Maybe you can have a look at it, amend it as necessary and post it again. Please put in the figures. Can you tell us more about the loss of enjoyment and any other losses please. Once again, this should have been prepared already.
    I have revamped this your views please I have left off the damages for lack of enjoyment and I have incurred no costs so far for storage, with regard to returning the vehicle I am not happy to drive it in it’s current condition so my assumption is that the dealer needs to collect


    The claimant bought a motorhome from the
    defendant motorhome dealer on 23rd March 2018
    for £23500. On the day of delivery and over
    the following few days various defects were
    noted and the dealer advised. The claimant contacted the defendant
    by email 11th April 2018 followed By
    registered Post outlining the faults and
    informing the defendant that he was asserting
    his right to reject under the Consumer Rights
    Act 2015 as the goods were not of
    satisfactory quality or fit for purpose and
    that he wished to have his money refunded.
    The defendant has refused to honour his
    statutory obligations and has made no contact
    with the claimant since 11th April 18
    The claimant claims £23500 the purchase
    price.


  4. #44
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Don't forget interest and court/claim costs.

    They'd be claiming them if the boot was on the other foot

    We could use your help
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  5. #45
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    The court costs seem to be added by the system as you progress through so will be included. The system also adds in the interest at 8% per annum charged daily on a pro rata basis as lin as I tick a box at the start of the form. So I think Iím good to go


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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Have ticked that you will send full details later?

    Did they explain your cancellation rights in any terms and conditions?
    This is important to know


  7. #47
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Yes have ticked that will send full details later as cannot tel full story in space available. Will check over terms and conditions but from memory nothing was stated and the small print on back of agreement form makes reference to the sales of goods act 1979 which was replaced by the CRAicon as I understand it so I am assuming that the conditions of that would not actually be valid, Your views would be most welcome


  8. #48
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Quote Originally Posted by Kaiser81 View Post
    The court costs seem to be added by the system as you progress through so will be included. The system also adds in the interest at 8% per annum charged daily on a pro rata basis as lin as I tick a box at the start of the form. So I think I’m good to go
    It does but be aware it reduces the amount of space left in the main particulars box by six lines. This is because a statement is automatically added explaining you are claiming interest under the county courticon Act.

    Same goes for serving additional particulars this will reduce the amount of space left in the main particulars box by three lines. This is because a statement is automatically added explaining you will be serving further particulars.

    The POCicon are restricted to 24 lines of 45 characters and a total of 1080 characters. If you type more than this the last part of your text will not appear on the claim.


    Andy

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  9. #49
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    I was aware of that and looking for a bit of guidance on my proposed text to see if anything should go in or be taken out I am almost there on space available so that I can trim or expand as needed but any help/guidance is appreciated


  10. #50
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Whether they have referred to current legislation or not is irrelevant and doesn't affect your rights


  11. #51
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Quote Originally Posted by BankFodder View Post
    Whether they have referred to current legislation or not is irrelevant and doesn't affect your rights
    That is what I thought but it is nice to have some confirmation


  12. #52
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Quote Originally Posted by Kaiser81 View Post
    Good afternoon,
    I have purchased a used vehicle from a dealer and there are several things that I have subsequently found to be wrong with it.
    None in isolation are major but taken in the context of the number and the prevarication by the dealer regarding the delay in delivering the vehicle I am concerned that the other works undertaken prior to delivery and the repair of these faults subsequently identified may be less than satisfactory.

    The vehicle I have purchased is a 15 yr old motorhome from a motorhome dealer.
    The dealership is in excess of 100 Miles from my home address.

    I viewed the vehicle at the dealers premises and identified some faults at the time some of which the dealer would not repair and the price was amended to reflect this. The other faults were agreed to be repaired and the dealer went on to state that the vehicle would be thoroughly checked and any other faults discovered would be rectified. A deposit was paid and a two week period was set as a provisional date to collect.

    After two weeks I contacted the company and suggested a date for collection that would have given them 3 weeks to complete the work, I was then told that this would not be possible as they had had problems with the weather and staff. I was disappointed as it meant that I would be unable to collect until another three weeks had passed and conveyed this to the dealer. He then stated that they could juggle things around and I could collect the day following my original proposal which worked for me.

    The day prior to the collection I received a call from the dealer stating that it would not be possible to collect the following day due to a particular problem that meant the vehicle could not be moved for 24 hours but that they would arrange delivery to my home address at their expense six days later. I was disappointed but the fact that I did not have to undertake a 200 mile + round journey went some way to alleviate this. I was told to contact the company on the day agreed to get a firm idea of the arrival time.

    On the day I called the company three times before I was informed at 2pm that the delivery would not take place that day, at this stage I was disconcerted because the reason I was given was the same as the reason for the previous cancellation and that the job in question had not taken place when I was told it had been completed, also that they had found other issues and were awaiting spares to arrive. I was then assured the vehicle would arrive four days later.

    The promised day arrived as did the vehicle.
    The delivery driver did not wait for me to check the vehicle which had by now been paid for before leaving.

    I then checked it over and found the following
    Cruise control stalk damaged
    Wheel trims missing
    Alarm not functioning in fact alarm box removed and wiring left insulated by a plastic bag
    Windscreen washer pipe work disconnected
    After market door security lock not functioning
    Oil level only just on minimum

    When I spoke to the dealer he initially stated that anything after market was not in the agreement because he hadnít realised that it had an alarm or cruise control.

    We have subsequently had an email exchange and telephone conversations ( I have followed the advice re recording) in which when I suggested a reasonable compromise would be I bring the vehicle back at my expense and have a full refund he stated thatís not going to happen and that they would repair it at their expense if I took it back to them at my expense.

    I pointed out to him that it appears they are incapable of correctly carrying out a PDI how was I supposed to have faith in their ability coupled with the fact that on the day it was due to be collected and couldnít because it had to remain stationary it was away from their premises having the MoT carried out.
    I would say that I have yet to actually use the vehicle and it was supplied with a 12 month warranty .

    I have sent an email outlining my concerns and rejecting the vehicle under the Consumer Rights Acticon 2015.
    I am interested to know if you feel I am being reasonable and if so what my next steps are, it does not appear that company in question are members of the appropriate Ombudsmanicon scheme.
    UPDATE won paid in full after CCJ thanks for your help guys


  13. #53
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Congratulations. It pays to persist as the law is on your side.


  14. #54
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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Very well done - but what a needless load of effort to force a business to obey the law.

    People should avoid this company - RS Motorhomes.


    Please will you spread the word over the internet and especially motorhome forums and link them to this thread so that we can help others



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    Default RS Motorhomes - refusing to refund a faulty vehicle **Claim issued - case WON!!***

    Also we are always happy to accept a donationicon if you think that we have helped you



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