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    • Update The engineer who's been looking at the van was unable to borrow a circuit board to do a temporary swap to test. His and Truma's recommendation was that I take the van to them as the fault it was displaying was something they'd not come across before. I rang Truma Friday morning and it was going to be the end of October before I could get an appointment. Then the engineer said that they'd had a cancellation that morning and if I got down to them immediately (a 40 mins journey for me) they'd look at it. They rang me late Friday afternoon and to cut to the point they may have fixed it, it's still on test there today, they'll let me know the outcome later. If it's not the circuit board which they've changed then it's another problem with the solar system on the van which is nothing to do with them. I've kept Marquis involved by email and phone. But because I've acted without giving them another chance to deal with the fault will I still have any claim or not ?  Thanks 
    • expecting civil replies instead of using adjectives and verbs like "shut up"
    • I have also emailed them this below      Can I please bring your attention to the Consumer Rights Act 2015 wherby it states my right to a refund I have highlighted the points where I feel you are failing in regards to this Act. Please refer this to you senior to be looked over immediately and I look forward to your reply    Thanks Kelly Gallimore Right to reject (1)The short-term right to reject is subject to section 22. (2)The final right to reject is subject to section 24. (3)The right to reject under section 19(6) is not limited by those sections. (4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21). (5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end. (6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader. (7)From the time when the right is exercised— (a)the trader has a duty to give the consumer a refund, subject to subsection (18), and (b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed. (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them. (9)The consumer’s entitlement to receive a refund works as follows. (10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money. (11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies. (12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred. (13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end. (14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid. (15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. (16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise. (17)The trader must not impose any fee on the consumer in respect of the refund. (18)There is no entitlement to receive a refund— (a)if none of subsections (10) to (12) applies, (b)to the extent that anything to which subsection (12) applies cannot be given back in its original state, or (c)where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled. (19)It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund. (20)Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in subsections (1) to (3) where— (a)the contract is a severable contract, (b)in relation to the final right to reject, the contract is a contract for the hire of goods, a hire-purchase agreement or a contract for transfer of goods, and (c)section 26(3) does not apply. (21)The consumer is entitled, depending on the terms of the contract and the circumstances of the case— (a)to reject the goods to which a severable obligation relates and treat that obligation as at an end (so that the entitlement to a refund relates only to what the consumer paid or transferred in relation to that obligation), or (b)to exercise any of the rights mentioned in subsections (1) to (3) in respect of the whole contract
    • V common problem for this car. Might be something small like EGR valve needs a clean, might be water pump, might just need a service. Might still be a very good car, just need to spend a little. Naturally you take them to court for the money you spend of course.
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Private Car Purchase Advice needed please


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I'd be very grateful if someone could advise me about buying a used car from a private individual.

 

My husband has seen a car advertised on GUMTREE and the owner is only about 5 miles from us.

 

Husband wants the car and so went to have a look. He's agreed to pay £xxxx for it, and the seller wants cash. :( Husband wants to pay by Credit Card, but of course the seller doesn't have any facility for accepting payment by CC, but husband thinks by paying for the car with his credit card, he'll have some protection if the seller doesn't own the car outright. but don't know how to go about it now

 

Seller suggested using Paypal (?) but we don't have an account with them and seller needs money by this week-end as he is going to Spain.

 

Friendly accountant (works for VW) did a quick HPI and the car came back 'clean' but the car has a private plate..which is not being sold with it, would that make a difference to the HPI ?

 

Never bought a used car privately before so really unsure about how to buy it and be confident that it will really be ours. (not some finance companies)

 

(sorry for the rambling)

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Is it his own house you have visited to look?

 

You need to have a decent run in it even if you have to put some petrol in. Make sure it gets good and hot and don't do less than 5 miles.

If you can't drive the car for whatever reason, then walk away

 

Be aware that the only redress you will have from a private buyer is if it is grossly misdescribed or dangerous.

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Might be an idea to get an HPI check done using the original registration.

 

IF the car does belong to a finance house and it's on HP, it will not belong to you.

 

Seller wanting cash quickly because they are leaving the country?

 

I think I would be walking away myself too!

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Thank you both for your replies.

 

Husband did visit the sellers home and has already been for a test drive in the car (as a passenger )

 

My husband first saw the car a few weeks ago and made an offer on the car, but the seller obviously wanted to get as much as he could for it so refused the offer.

 

He hasn't been able to sell it for the asking price (although looking on various sites, it is still a reasonable price )

 

He is going away this week-end until the end of July and he's also selling his house. His business is not doing well either apprently.

 

The seller eventually contacted my husband today and accepted our original offer, as he needs the money.

 

He e-mailed us this evening with a proposal.

He will issue an invoice via paypal and my husband would then be able to make the payment by credit card by following the link.

 

He has said that once the funds have cleared into his paypal account, which he claims can take a few days :confused: we can collect the car with all the necessary paperwork completed.

 

Because we don't know anything about paypal, I really wanted to know if a payment into it really would take days instead of being almost immediate. Paying for anything else by credit card is *instant* isn't it ?

 

I do realise how dodgy it all sounds, and I might suggest to my husband that we use the AA Car Data Check, but it's still paying by paypal that worries me. :(

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If you pay via paypal most credit companies will not cover the transaction in the same way as they would a "normal" transaction.

 

Many of them argue that THEIR payment went to paypal, and paypal did exactly what they were meant to, so the credit card transaction is ok.

 

Paypal do have their own "protection", but if the seller has no money in their paypal account you are stuck - and it sounds like this seller will be making sure that he has taken his money out of paypal before handing the car over. That is safer for him, obviously, as it stops you taking the money back fraudulently, but leaves you with nowhere to go. Paypal transactions funded by a credit card are instant, the few days is because the seller wants to take the money out of his account.

 

As well as that, if you are buying from a private seller you have fewer rights under the Sale of Goods act.

 

 

Quite honestly, I would walk away. Private seller, leaving the country, has nothing to lose, and wants to empty his paypal account before letting you have the car - there are a lot of alarm bells here.

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