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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.
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
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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

Person no longer at address problem.


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Hi all!

Hope you're well today.

 

I was wondering if you could help me.

 

My old flatmate moved to Germany leaving some affairs out of order. He has recently come back to stay for a short time before returning to Germany.

 

We have received a number of letters from Barclays and RMA, who are a DCA based in Preston. The affairs were two overdrafts that my flatmate believed were sorted out before he left, although it appears now they were not.

 

Clearly Barclays haven't been able to enforce the debt and have sold it on to RMA, as they sent a notice of transferral for both overdrafts.

 

My old flatmate is confused by the requests for the money, as he thought it had been settled. Also, after asking him, I've discovered that he didn't sign anything regarding the approval of the overdraft and wasn't given the necessary literature regarding defaults etc.

 

I think that Barclays may have made an error and have sold on the debt to cut their losses.

 

However, I am unsure as to what the next step is, as I'm not sure that CCA requests apply to overdrafts..? As RMA are dealing with the acct now, should I SAR or CCA them on his behalf? Should I SAR or CCA Barclays? Should I do both?

 

I'm quite certain that they won't have a copy of the paperwork, but wanted to know the best route to take.

 

All the best!

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However, I am unsure as to what the next step is, as I'm not sure that CCA requests apply to overdrafts..? As RMA are dealing with the acct now, should I SAR or CCA them on his behalf? Should I SAR or CCA Barclays? Should I do both?

 

I'm quite certain that they won't have a copy of the paperwork, but wanted to know the best route to take.

 

All the best!

 

This is not really any of your business and companies won't correspond with you, unless your friend gives their authority in writing to Barclays/RMA.

 

What I suggest that you do, is write back to RMA by recorded delivery stating that your friend is now resident in Germany and you have forwarded on the post to the last known address there. Then when your friend gets back to Germany, he should write to Barclays and RMA, stating that he has no knowledge of any overdraft and therefore does not accept that any debt exists. Barclays would have to provide proof that the debt exists, by sending copies of statements, letters issued. I suspect that Barclays received payments that they had to accept and therefore the overdraft was created by them, in line with the t&c's of the account.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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Hi Uncle bulgaria, thanks for your swift response.

 

As you can imagine my friend is quite worried and would like to get the matter resolved before returning to Germany.

 

I've offered to help as I have some experience with DCAs getting rid of false credit card debts and, with the matter going down a similar route that the previous ones have, I wondered if there was a quick resolute way of closing the matter. Obviously paying off the amount in full or offering repayment in instalments is an option, but my friend is aggrieved at the thought of paying what he feels he doesn't owe and is in no situation financially to do so.

 

With regards to where overdrafts fall into the CCA, it seems that they are not directly subject to it in the way that credit cards are, from what I've read. On a personal note, I'm intrigued as to whether the DCA have the original true copies of information relating to the overdrafts and, as far as I understand, debts are unenforceable without such documents..? Is it advisable to SAR them for such documents.

 

As you can imagine, I am keen to resolve the matter here and now, rather than drag it out and hope that it sorts itself out as my friend is not keen on dealing with the inevitable results of a mountain of paperwork and sifting through it.

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You are making this far too complicated. Suggest that your friend calls Barclays to advise them of the situation and to ask for copies of last statement of account. If he owes the money, he can arrange a payment plan with whoever wants to collect the money. He can ask Barclays about the arrangement with RMA. If RMA are the assigned collectors of the debt, he can send them monthly payments, at an amount he can afford.

 

The main thing is that Barclays/RMA know your friends situation and that he is not living at your address. This will save you a lot of hassle.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Unfortunately, nothing in the 'debt recovery' world is ever resolved quickly. These things have a habit of dragging on for months if not years. I think the best response was from UB in Post #2

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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