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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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    • 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

2 different NO CLAIM BONUS urgently help needed


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hi, i had 5 year NCB in private car policy till sep 2007( from esure insurance company) after that i was the taxi driver till sep 2010 (insured with TRADEX through broker graysons). Tradex they gave me 4 year NCB in taxi while i was with them only 3 years. My current insurance company (churchill) they don't accept 5 year NCB from esure because it is old more than 2 years, they refer me towards Tradex and Tradex they don't give the bonus more than 3 years. they say we can not give you the bonus more than 3 years. infect they are not considering the previous 5 year NCB. because of this my insurance premium is getting high in churchill because i failed to provide them NCB of more than 5 years. according to me it should be altogether 8 years, 3 year in taxi and 5 year in private policy. which company i should make contact now. i am very confuse and worry about this. waiting for your reply, thanks

 

2nd problem is that i have sent my original NCB letter provided by my previous company(tradex) to the current insurance company (churchill) and that NCB letter was showing 4 years NCB IN TAXI POLICY. now churchill are saying that after the end of the policy or when you ll cancel your policy we ll give you the NCB IN PRIVATE POLICY. Mean i ll lose my taxi policy and i have to go back in taxi next month. by law which letter churchill company should give me?. very confuse, help needed. thanks

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I think that had you involved the brokers Graysons in helping to move from Tradex to a private car Insurance you might not have had this problem.

 

Surely Tradex can acknowledge in a letter that they received 5 years NCB proof from x company when the policy was taken out and that you have had 3 years since.

 

You can't use the NCB twice. You have to decide on which policy you want it to be used. i.e. the policy that gives you the most benefit financially.

 

Suggestion is that you use a broker in future and don't try to sort out yourself. I am sure that if you did this, you would not have got into this confused position.

We could do with some help from you.

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Exactly First of all i contacted to graysons but they say we don't have any more business relationship with tradex, we have left them, now you have to contact directly with the company tradex, i know all dealings should be through graysons but they are not doing any cooperate. only suggestions, advise they give.

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Ask Tradex for the NCB proof that was given to them when the policy was started with them and to provide this with a letter confirming the no claims with them. So the Tradex letter should state something like. .......When the policy with Tradex was started on x date, we were provided with proof of 5 years NCB by x company and since this date the policyholder has had 3 year of further no claims.

 

Ask Tradex to do this and make sure Churchill will be ok with this, if this was supplied.

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

 

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i have spoken in detail with Graysons, Tradex and now finally FOA(financial-ombudsman authority) about this. i was very hopeful FOA will help me about this matter, they admit this is not fair at all but we can do nothing about it. Finally solution is this there is monopoly of insurance companies and they have legal rights about this even this is against the consumer rights but there is no organisation which can help the consumer problem related to the insurance, this is fact. I have lost my 5 year NCB in private policy and in taxi 4 year NCB as well. because insurance companies always require the original letter from the previous company. now my current company(churchill) they will give me NCB in private policy. they are not giving me back my original letters mentioned 4 years NCB in taxi and they do not mention it on their letter as well. when i shall go in the market to find out the taxi policy again they will treat me like a new taxi driver and insurance premium would be very high. this is the way insurance companies make millions of pound.

if anybody have any more knowledge about the rules and regulations or can tell me the solution, i would be very thankful.

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