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    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
    • eh? no valid contract!   is the BT coming out the same bank AC?  
    • Hi Sorry but i am still stuck on where to go next in all of this.   This week the dealer contacted me at the 11th hour to talk repair of my car. He seemed only interested in the repair in speaking of just one of the problems  and i was struggling to get him to commit to the other fixes required. I asked him about the service history log and the proof that he had changed the cam belt.   He has told me that he will chase the service log book through his accountant. (I'm confused why through his accountant) and that his mechanic would provide the paperwork for the cambelt work, although he is away until September. (I dont believe any of this. He has had months to do this)   Back in June he said in a text to me that he would get my car fixed once his supplier opened for business from the 4th July and arrange a date with me. From that date onwards i was unable to contact him. He didn't answer his phones or reply to my texts or answer machine messages. He has told me now that his business was closed during that time.    I asked him about the 3 recorded messages i had sent him that were signed for. He said that he has not seen any letters. Somehow though he has sold 10 cars throughout May, June and July. I have been watching his stock level on Autotrader and he has been advertising his new stock and his sales on facebook throughout this period. Also he has chosen to contact me this week on the night before i was stating i would take action.   Frustratingly i expressed my desire to return the car to him for a refund and he has told me that because i didn't reject the car in the first 30 days then that wont happen. How could i reject the car if his business was apparently closed, we was not responding to me other than initially putting off any attempt at repair work.   I am feeling completely cheated by this man. He has even accused me of purchasing a car from him that i knew was faulty!!    I have shared my story recently on a Land Rover forum and interestingly a member of the forum has come forward and told me that he had also test drove the car before i did. He said the car displayed the errors i am experiencing and that the dealer had acted suspiciously. This forum member has offered to write me a statement if its of any use?   September the car is due an MOT and it is likely to fail because of the work he has not done. If i take this matter to court and it takes 6 months then what do i do if the car fails the MOT or the faults cause the car to brake down? I need this car for travelling to work and back.   Is it a viable option for me to get the car fixed myself and then claim that cost at court? I need a working car and i do not trust this dealer. He is clearly telling lies and i dont trust him completing the work to a satisfactory level if at all. Im assuming he is wanting to wait for HIS MECHANIC to get back from his holiday too. Strange time to be away for several weeks.   If i was to get my garage to do the repairs i could also ask them to confirm if the cambelt was ever changed. I'm convinced it wasn't.   Please advise. I am incredibly stressed out.
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
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      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
barbershop0

Bought a van today and had it delivered

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Hi all,

 

went to see a Merc Sprinter van yesterday and it looked okay. I asked the seller (trader) if everything worked and he agreed.

 

the van was dropped off at my house this morning and I went for a run in it after I had taxed it and insured it.

 

I found the Speedo didn't work and the glowplug light was on constantly.

 

I took it back to the dealer and he couldn't rectify the faults and told me he needed to contact an auto electrican and then get back to me.

 

This afternoon, I have also found the heater is not getting hot, the interior lights don't work & there is no spare wheel.

 

Where do I stand and what time limits do I have, he told me that he would give me 3 months warranty.

 

Thanks in advance.

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First of all the warranty is irrelevant as it is merely an extension of your statutory rights under the SOGA. The seller should rectify these faults at no expense to you. No spare wheel is (as far as I know) an MOT failure. Heater not blowing hot suggests a possible overheating problem. Have you checked the state of the coolant? Or it could be merely an air lock. Glowplug light is obviously an electrical problem and so possibly is the speedo.

 

Give the seller till tomorrow lunch time and contact him again. To be honest, you should have left the van with him.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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The Glow Plug Light staying on could mean there's an issue with the plug, turbo or intercooler (Dependant on what make and model it is!). It means lots of things, but should go out within a few seconds in these temperatures.

 

No spare wheel isn't an issue, in fact, a lot of cars now have them removed as part of the "Diet" new cars go on to pass into the lower tax brackets in the UK.

 

The Speedometre could be ABS problems (Check that the light comes on and if all seems well, find a dead bit of road and tread on the brakes to make sure the ABS kicks in and acts appropriately).

 

All in all, I'd reject and request a refund and then find another.

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The heater not getting hot points to there being too little coolant for it to circulate to the heater matrix.

 

This normally points to the vehicle not being maintained, or a blown head gasket replacing coolant with air.

 

From cold take the cap off, replace it, run the engine for 2 mins and rev it a couple of times, stop it, and take the cap off again.

 

If is shoots water, hisses loudly, or has considerable pressure, then the head has blown.

 

Its very unlikely there will be hot coolant, especially if you have added any, but using a towel reduces any risk if you have not followed things exactly.

 

This also wont detect every blown gasket, as some may only blow after warmed up etc.

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Took van back, heater problem rectified.

 

Waiting to hear if they can resolve the speedo problem.

 

They have the van at the moment.

 

They were reluctant to refund.

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Took van back, heater problem rectified.

 

Waiting to hear if they can resolve the speedo problem.

 

They have the van at the moment.

 

They were reluctant to refund.

 

If they cannot rectify the faults to your satisfaction, then they will have little choice.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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the van centre told me that they couldn't fix the speedo until Thursday of next week. I accepted this as I need the van for work.

 

Apparently the owner is on holiday so they cannot refund.

 

I went back to pick up the van and the clutch went on the way home. The clutch is now flat to the floor and the van is undriveable.

 

I have messaged the van centre to come and colllect it from my parents as I couldn't get it back to them.

 

Ever felt like you're having a bad week? Would Trading standard be of any use?

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Hmm, it's amazing how many times we hear that the owner is on holiday when things go wrong.

 

My advice is to write a formal letter rejecting the van as being not fit for the purpose and of unsatisfactory quality and as such you require a full refund of monies paid within 7 days. When they come and collect the van hand them the letter along with the keys.

 

However, if you would rather not do that, make sure they can also get the clutch fixed at the same time as the speedo. My only concern is what other underlying faults does it have.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I have loads of work booked for this week and desperately need a van.

 

can anyone help me with the letter? I need to hire a van whilst this gets sorted.

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was the receipt made out to a private individual, example van sale Joe blogs, or was it in your business name.

Consumer rights only apply to consumers, the clue is in the title.

If you bought the van as a private consumer, you have legal rights and you should exhaust formal conversations, such as asking for a refund, if this fails, serve a WRITTEN notice upon them of formal rejection of the vehicle, I will show you how to construct a legal one, please observe the capital letter areas.

(a written notice of rejection)

 

YOUR FULL NAME IN BLOCK CAPITALS

address and contact details

Purchaser of vehicle REG HERE from dealer

FULL TRADING NAME OF DEALER IN BLOCK CAPITALS .

Notice is SERVED that the vehicle purchased is not fit for purpose.

Subsequent offers and acceptance of attempts made to repair the defects listed below have proved unsuccessful.

(list all defects)

I now SERVE NOTICE that in accordance with the sale of goods act the vehicle is rejected was not fit for purpose and the refund of full purchase price shall be refunded.

I demand that arrangements are made to facilitate the refund.

yours signed.............

name in BLOCK CAPITALS

Date:

 

This notice then needs to be served, placed in to the hand or at the feet of the trader with some evidence such as camera phone . This will give you a better legal position if a court dispute arises.

 

Now the reality bit, your rights and the real world can be some what different.

Whilst ever you have the van you have some collateral, if the dealer has the van and your money, if he is a LTD company he can fold and keep both leaving you chasing your tail.

This is all too common in the Auto trade, a big loss arises and they liquidate and start up again, often the same day.

Stock can be sold on commission from a separate asset holding company and the assets of the selling company can be as little as a desk and telephone, so do be careful with the asset collateral


Expert on Parking matters, Banned by MSE ! along with other parking experts on orders of the BPA !

here to SAVE you money !

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Vax2002's questions must be addressed. If the answer is the latter, then you are in a pickle.

 

Also, the dealer doesn't have to fix the speedo at his cost, it's a fault that should have 'reasonably been expected to be noticed at the time of purchase', and brought up then, (if it was a private sale).

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Hi Conniff,

 

The van is still at the garage and he will not refund, I guess that I am "in a pickle".

 

I did not test drive the vehicle priod to the purchaser, so couldn't possibly know that the speedo wasn't working prior to receiving the vehicle. Nor that the clutch would fail on the way home.

 

I have sent the letter as per vax2002 by registered post.

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Can you confirm that it was a private sale, ie bought by you and not a/your company ?

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If I drove this could I be in a position whereby I may be prosecuted under section 41c of the road traffic act and face a £60 fine and 3 penalty points, for the speedo not working.

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Having a test drive is what I was on about, it's normal to have a test drive even as just a passenger, so you could have reasonably been expected to see a fault with the speedo.

 

Yes it is against the road traffic act to drive a car with a faulty speedo. If you are hoping to reject the van and get a refund, you 'must' do that in writing and stop using the van.

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Hi Conniff, I didn't have a test drive as the seller told me that everything was ok and in good order. I feel that the trader should have noticed the speedo was not working and told me about it.

 

I am hoping to reject the van. I have written the letter to them that vax2002 suggested. The van is in there compound at the moment.

 

Don't know what will happen next? Is it any use getting onto trading standards?

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Not at this point, you will only get some advice from TS, they don't act for indivuals so won't take this up for you.

 

You are certainly inside what is classed 'for a short period', but lets see what he says in response.

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Thanks for your help.

 

I clarify, it was dropped off Wednesday, taken back Wednesday. Taken back Thursday to check the faulty speedo and then picked up on Thursday and driven 7 miles to my parents. During this time the clutch failed. They picked it back up on friday morning, so I haven't had any used from the van.

 

What difference does 'a short period' mean?

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You only have, (as it's termed in the regulations) a short period in which to reject, it doesn't say how long that short period is though but you are well within that, you can't get any shorter.

 

Do you know what the clutch failure is, clutch itself or cable?

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The garage say that the clutch has 'burned out'. They were trying to suggest that I had made it fail intentionally. I wouldn't know how to do this.

 

The van had a power take off compressor on it and they said that I must have messed about with that. I don't know how a pto compressor works, and didn't touch any of it.

 

I have been driving for 30 years and have never had a clutch failure before.

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Hi all,

 

thanks for your advice so far. I shall be going to see the owner tomorrow morning (thursday) to ask him for my money back.

 

I sincerly hope that he gives it back to me as I can do without the hassle of going to "war" and I a need a van for work.

 

Any advice would be gratefully accepted.

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Well your number 1 piece of ammunition is the speedo, without that the van is not roadworthy.

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Been to see dealer and he refuses to refund.

 

I rang Co-op legal services and they told me that I neded a timescale as to when repairs would be carried out.

 

They dealers said "I don't care about repairing it because of the hassle you have caused me"

 

He then rang me back and said "I shall be moving your van out of the yard, where would you like the keys putting?"

 

Coop legal services have advised me to write him a Letter before action.

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