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    • Just an update.   My colleague did not want to ring them.  The saving of the application fee was/is not as important as getting a swift set aside and he felt the best way was to apply to the court for set aside without a hearing.  He has done so and the court has sent an acknowledgement and assigned it to our local Court, so we now wait for something else to happen, presumably either a set aside or a Hearing. 
    • They have now replied this   Thank you for your email,   Looking at the information you have provided, subsection 7 which you have highlighted states that this applies from the time your right is exercised, this is the date you raised the complaint, as no payments were made after this date there is no refund to provide.   There is also no deposit in this case so there is nothing to refund in relation to this.   We have now diligently answered all your questions and as previously mentioned your final response will be sent to you in the post.   Thank you
    • 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
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Mystery Housing benefit overcharge repayment from benifits - query please help

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Last year my adult son came back home to live with me,

as he works he rightly so pays rent and council tax,

which meant that my benefits for both those were reduced,

i paid the amount requested and all went ok for 3 months,


then i got a letter stating i wasnt paying enough and explaining why,

i could see that they were right and arranged with them to pay off the arrears by increasing my monthly amount for the rent etc,

therefore paying rent etc due and reducing the arrears.


Then last month i went into my local office and asked them for a statement which showed all my rent payments,

and when it was printed off it showed that housing benefit were taking an amount from every payment i made,


after clearly stating to me that they wouldnt be,

as the overpayment was merely added as rent owed on my rent account,

i rang housing benefit and was assured i owed nothing,

and they werent taking any money,


i re-checked with the local office who said this was rubbish and they were,

the local office spoke to benefits and it seems nobody knows why this money was being taken and who authorised it or why, and bizarrely where its gone to.


They were meant to ring me back after sorting it out, after a week with no news i went back in the office, was told that they were

"looking for a way for it not to happen again, and i should get back any money taken wrongly, they would write and explain"

its now a week since then and still no reply or explanation.


Any ideas? i am puzzled.

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Hi ya, Ruby,


Although you do not say which department sent you the letter initially, my first suggestion would be to write a recorded delivery letter to all departments concerned.


Explain the situation as it has happened and supply each of them with full information as you have it, i.e. dates and names of whom you spoke with in telephone conversations as well as in person (if you have it) and what was said.


Ask them each to supply you with a full breakdown of the account including all payments made as well as full details of amounts being taken from the account and by whom. At the very least, you can demand the account be adjusted with the money put towards your arrears once you have received this information.


Even if they get in touch with you beforehand to your satisfaction, I would urge you to get a statement from them detailing exactly what money have been taken off the account and where it has gone as this will be your evidence in the event of something going wrong in the future.


Good luck, I hope my advice is helpful and please let me know the results.



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Hi understanding and thanks for your reply, originally it was the housing benefit office that wrote and informed me i had been overpaid, they state in that letter that the overpayment had been added to my rent account, i also had a letter from my housing officer telling me i had rent arrears for that same amount, as i was on reduced benefit while waiting for a tribunal hearing ( had my incapacity benefit stopped as atos thought me fit to work, despite proof to the contrary) i asked to pay the arrears off at the lowest possible rate, i had a letter from housing officer stating i could pay at £3.25 per week until it was cleared, all ok and been reducing ever since. It was just that last month i wanted to check the amount left and asked for a statement of my payments to date, and when this was printed out it showed money being transferred from my rent account to housing benefit, who say they arent taking any, i dont owe any etc etc, nobody seems to know who set it up or why or where its been going. Its now just over a week since my housing officer was going to be sorting it out and writing to me with explanation etc.

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Hello, Ruby,


So Housing Benefit wrote to you stating they had made an overpayment to your rent account and was seeking recovery for this amount?


Did they recover the amount of overpayment directly from the Rent Account in one lump sum?


If they recovered the money directly from the Rent Account, was it this action of theirs that led your Rent Account to be in arrears?


Are they now taking money from the Rent Account after they have reclaimed their overpayment?


If the answers to the above is ‘yes’ and Housing Benefit has already reclaimed the overpayment from your Rent Account and are now taking extra money from that account, then I would suggest you write a Recorded Delivery letter, keeping a copy, asking them to stop taking the money and start an investigation.


I would suggest giving them fourteen days as a maximum to respond to this letter in the first instance although it may take much longer for them to supply you with details while they do their investigation, they should stop taking any money from the account during this.


As with my initial suggestion, supply them with any details you have of the names of people of whatever departments you spoke with regarding this matter.


Ask them to supply you with a breakdown of full details of payments as well as deductions from both the Housing Benefit Account and the Rent Account for the period in question.


Once you have received the breakdown details of who is paying what and who is taking money from where, then you will be in a better position to dispute, if necessary, any missing money and ask for it to be refunded or to be put against the rent arrears.




Maybe someone more legally minded than me will be along to help further.


Best of luck :-)

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  • dx100uk changed the title to Mystery Housing benefit overcharge repayment from benifits - query please help
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