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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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G__M

Mobilty Plus Not Honouring Warranty

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Hi Folks,

 

Apologies if this is in the wrong section, I didn't know where else was appropriate for this post, if it is in the wrong section, could the mods move it accordingly please.

 

My wife's grandfather was sold a 'Walk In' bath less than 18 months ago for £5000 by Mobility Plus however the seal around the door has perished completely causing the bath to leak.

 

My wife's grandfather has contacted Mobility Plus to get the seal replaced however upon phoning them, they have informed him that although he purchased the bath through them - the company which made the bath's/supplied parts to Mobility Plus has gone bust and therefore they cannot honour his 3 year warranty.

 

At least part(if not all) of the £5000 was paid by credit card and due to the above I need some advice before I take them on, on his behalf.

 

1) Irrespective Of The Supplying Company going 'Bust', are Mobility Plus legally required to honour the 3 year warranty as he purchased said goods and warranty through them?

 

2) Regarding the payment by credit card, Is he covered under section 75 of the CCA or

 

3) As the item has not lasted a reasonable amount of time, does he have rights under the Sale Of Goods Act.

 

Any help would be appreciated as I am due to phone Mobility Plus tomorrow.

 

Many Thanks

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In answer to all your questions, - yes.

 

You can ask them who the supplying company is and see if they will answer.

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Conniff - Thanks for the reply.

 

So far they have refused to provide my wife's grandfather with any information regarding the supplying company, lucky for me he is very clever when it comes to retaining and filing paper work.

 

So far he has found something relating to a company called Kielder however my checks so far relating to a company by that name making/supplying these type of products have been fruitless.

 

I think I'm going to have a bit of a fight with Mobility Plus on this one so any advice on taking them on is appreciated.

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You don't need the manufacturing companies name GM, that was just out of interest. Any problems are up to the seller.

 

If you paid some by credit card, then you are covered for the lot. If you have paperwork showing they aren't interested now that they have your money, trot off down your bank and start a claim to get it all back. If you don't have any paperwork, you can still start the ball rolling that way, but you can bug Mobility Plus and write to them telling them that under SOGA, they are responsible without mentioning S75 at this time.

I wouldn't do anything on the phone unless you can record the calls.

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Conniff - Your help is/has been greatly appreciated.

 

I have all my wife's grandfathers paperwork with me and he paid the entire amount via credit card so that's covered although I spoke to Mobility Plus first thing this morning making them aware of their rights under the SOGA(Call recorded thanks to app on my phone).

 

I have just had a phone call back and surprise surprise, Mobility Plus are sending out a new door seal and when it arrives I need to call them again to get an engineer sent out to fix it.

 

Could the admins, if possible keep this thread open until I have had the issue resolved completely just in case, they do not stick to things.

 

Many Thanks

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I'm so pleased for your grandfather GM.

 

Of course the thread will remain open and available to you at any time in the future.

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An update on this matter.

 

There is a complete warranty on the walk in bath with respect to parts/labour included however the part has arrived but Mobility Plus are now requesting my wife's grandfather pay the cost of an engineer going out.

 

I am intent he is not going to pay anything because of the warranty and the fact that under the SOGA - I do not feel that a part perishing on an item 18 months after installed falls under the 'Last a reasonable amount of time'.

 

Any advice on how I can proceed?

 

Many Thanks

Edited by G__M

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quite right

you should not have to pay costs to have it changed.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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go back to the credit card co and request a chargeback for the ful cost as the item is clearly not fit for purpose without the part.

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Ericsbrother - As the 5k was paid with 2 different credit cards and because of the amount of time that has elapsed(18 months where as a charge back is a 120 day time limit) a chargeback cannot be made can it not?

 

Although am I right in saying that a claim on the relevant credit cards under Section 75 of the CCA can be made?

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