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    • Hi DX   I didnt write as nationwide record calls and also said its not neccessary as they blocked (supposedly) on the phone.   How do I now cancel cpa then? Do I still need to write to Nationwide? Or is it ok now that nationwide have confirmed the block for paypal and the block from visa team to refuse requests from paypal?
    • Hello   Just found this on paypal website (uttterly shocked):   Read your user agreement:   3. Funding Sources   3.1 Linking your Funding Source. You can link or unlink a debit card, a credit card, a pre-paid card (in certain cases), a bank account and/or PayPal Credit as a Funding Source for your Account. Please keep your Funding Source information current (i.e. credit card number and expiration date). If this information changes, we may update it at our sole discretion without any action on your part, according to information provided by your bank or card issuer and third parties (including but not limited to our financial services partners and the card networks). If you do not want us to update your Funding Source information, you may contact your bank or card issuer to request this or remove the Funding Source in your Account Profile. If we update your Funding Source information, we may retain any preference setting attached to it.
    • its a lacking on our part  and yours as you didn't WRITE. instructing not to honour ANY payments to PP but that's NW for you.   you need to cancel the CPA.   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    
    • Do you ever sleep?  Just as well you had a holiday to have  a bit of a rest 😀   More seriously, well done on all your legwork, this Annie is damn lucky, all your preparation will stand you two in good stead for sending VCS back under their stone.
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Lbg123

Used Car mis-sold? Outstanding safety recall

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Hi, I am hoping someone can give me a bit of advice regarding a car that I purchased recently that I believe was mis-sold to me due to there being an outstanding safety recall that was not disclosed at the time of sale.

 

Here is a more complete background to my story...

 

I purchased a Vauxhall Zafira recently from a local dealer and a couple of weeks later discovered that the car had a safety recall issued on it due to a risk of fire. I was not informed of this when I purchased the car. I would not have bought the car had I known.

 

I have written to the dealer to complain and he stated that basically it is not his problem and that I should have known about it. I then wrote back to explain why I believed that the car was mis-sold and have recently had contact from his lawyer stating that the car did not have an outstanding recall (which it does) and that there are no advisories on using the car as normal. Vauxhall have advised me not to use the heater or blower motor and if it is absolutely necessary only use them on settings 0 or 4.

 

Having looked into it myself I have found guidelines from the DVSA that state that dealers should not sell cars with outstanding safety recalls on them titled "A guide to safety recalls in the used vehicle industry". Within the guidelines it states:

 

"The General Product Safety Regulations 2005 covers the areas of product liability and consumer protection in the United Kingdom."

 

"The distributor shall act with due care in order to help ensure compliance with the applicable safety requirements and in particular he…shall not expose or possess for supply or offer or agree to supply, or supply, a product to any person which he knows or should have presumed, on the basis of information in his possession and as a professional, is a dangerous product” DVSA considers that this identifies that a product with an outstanding safety recall should not be passed to a consumer. Producers and distributors are professionals in their field and should therefore be fully aware that safety recalls exist and that they can occur on any product. DVSA believes that this paragraph applies to the supply of used products in the automotive sector."

 

Having spoken to his lawyer and informing him of the outstanding safety recall he is saying that he still believes that the dealer has done nothing wrong.

 

My question to anyone more knowledgeable than me on such matters is do you believe that I have been mis-sold the vehicle and would I stand a chance by taking it to small claims. I appreciate this is a long post but any information would be greatly received and appreciated.

 

Thank You in advance

 

LBG

Edited by Lbg123
Editing due to formatting issues

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Have moved your thread into the - Motoring - Motoring subforums - General Motoring Issues section Lbg.

 

You say you bought it recently, can you tell us the exact date please ?

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The recall will be free from Vauxhall

 

Just book it in, get it done, and move on with your life.

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Whilst it is true the recall is free there are other reasons for not wanting the car such as the massive depreciation in value and almost double the cost of insurance.

 

Also the thought of having my wife and 4 kids in the car knowing that these fires still occur after the recall has taken place does not fill me with confidence.

 

Like I said, I would not have purchased this car had I known of the outstanding recall

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Without looking when I get home tonight I can not give an exact date but it was towards the end of April. I will look and update the post accordingly.

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The recall will be free from Vauxhall

 

Just book it in, get it done, and move on with your life.

This contains some reasonably good advice but it is also unhelpfully abrupt.

 

You probably also have a basis for rejecting the car as well.

Their lawyer is wrong.


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It could have already have been inspected under the terms of a recall by Vauxhall. They issued a recall after investigations into there being the above average number of fires, the press picked up on this and it's been very widely reported.

 

They have subsequently issued another recall to inspect the already recalled vehicles again.

 

A franchised Vauxhall dealer will have knowledge of the identity of the vehicles affected, a non franchise car dealer won't know until the letter from Vauxhall lands on his door step.

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Whilst it is true the recall is free there are other reasons for not wanting the car such as the massive depreciation in value and almost double the cost of insurance.

 

Also the thought of having my wife and 4 kids in the car knowing that these fires still occur after the recall has taken place does not fill me with confidence.

 

Like I said, I would not have purchased this car had I known of the outstanding recall

 

Massive depreciation is part of motoring, and something to be considered before not after purchase. You can't reject it because it's going to go down in value

 

Likewise with insurance, you check that before buying not after.

 

It is extremely unlikely (or about the same as any other car) to catch fire once the recall work is done.

 

I sense a bit of buyers remorse here: this matter has been very very widely publicised i find it hard to believe you were unaware that Zafiras had this outstanding problem.

 

Like i said, the recall is free, it is no more likely to catch fire than any other car, get the recall done, move on

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Massive depreciation is part of motoring, and something to be considered before not after purchase. You can't reject it because it's going to go down in value

 

Likewise with insurance, you check that before buying not after.

 

It is extremely unlikely (or about the same as any other car) to catch fire once the recall work is done.

 

I sense a bit of buyers remorse here: this matter has been very very widely publicised i find it hard to believe you were unaware that Zafiras had this outstanding problem.

 

Like i said, the recall is free, it is no more likely to catch fire than any other car, get the recall done, move on

 

I have to agree with that.

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I can see what the OP is saying but we need to clarify a couple of things.

 

 

If the car was bought from a non affiliated Vauxhall dealer then the OP has nowhere to go as the dealer would not have access to whether or not the car was affected or not.

 

 

If the car was bought from a recognised Vauxhall affiliated dealer then there would be grounds to complain however the OP would have to prove that the dealer had not carried out the recall already. It can take a few months to show on database records.

 

 

As per previous advice, take it to a Vauxhall dealer who will confirm if it's needed or not, if not then get on with your life.

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Any update for us Lbg123 ??

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It isn't about the value of the car it is about how much I value the safety of my family!

 

You can find it hard to believe if you wish but it was not until after buying the car that i found this out.

 

You seem to know a lot about the likelihood of this car catching fire, do you care to share the source of this information.

 

The reason I am not happy is that I believe the car was misold to me. I now have a car that is not used because i care about the safety of my family. If you have looked into this you will see that Zafiras are still going up in flames even after the recall has been carried out.

 

Why do people think that car traders are above the law when it comes to selling unsafe products.

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Any update for us Lbg123 ??

 

Yes,

 

I have taken legal advice on the matter and as far as I can see the car has been misold to me.

 

Also under the General Product Safety Regulations 2005 they had no right to sell me the car. The DVSA has issued a guide covering this. I can't post links but if you google "A guide to safety recalls in the used vehicle industry" you will find the guide.

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You seem to know a lot about the likelihood of this car catching fire, do you care to share the source of this information.

 

I can answer that one. It's been extensively covered over and over again on every news broadcast for at least a year and on Watchdog.

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I now have a car that is not used because i care about the safety of my family.

You can still drive it without fear of catching fire with the heater blower set to 0 or 4 as advised by vauxhall. The fire issue is with a dodgy batch of blower resistor packs which overheat and can cause a fire. With blower off (0) there's no power going through the resistor pack and with blower set to max (4) full blower power bypasses the resistor pack. The resistor pack is only used on the settings between off & max as it reduces the current flow to slow down the speed of the heater blower motor. Most resistor packs contain some kind of safety thermal fuse that blows when it exceeds a certain temp but for whatever reason the ones fitted to some of these motors are overheating and causing fire.

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Yes,

 

I have taken legal advice on the matter and as far as I can see the car has been misold to me.

 

Also under the General Product Safety Regulations 2005 they had no right to sell me the car. The DVSA has issued a guide covering this. I can't post links but if you google "A guide to safety recalls in the used vehicle industry" you will find the guide.

 

Looking at the legislation that you have referenced to and the definitions that in the further legislation that is referenced:

 

“distributor” means a professional in

the supply chain whose activity does not affect the safety

properties of a product;

 

“producer” means—

(a) the manufacturer of a product, when he is estab

lished in a Member State and any other

person presenting himself as the manufacturer by

affixing to the product his name, trade

mark or other distinctive mark, or the person who reconditions the product;

 

I think that your basis for proposed legal action against the car dealer is flawed. The car dealer is not the producer of the car - it is Vauxhall and he is not the distributor of the car, that will be an approved Vauxhall dealer.

 

Why not just get the car booked in for the work and get it sorted out at no cost to you, other than a bit of time and fuel?

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lbg, get a life and move on. You have no recourse against anyone apart from yourself for over reacting. The instances are very rare.

 

 

As others have posted, go to a Vauxhall dealer and get it checked for outstanding recalls (government) and campaigns (manufacturer driven) to see what is outstanding.

 

 

I doubt you'll get much help here unless you help yourself and the first step is to get it checked.

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A recall which was not only very good, but outstanding........................

 

H


40 years at the pointy end of the motor trade. :eek:

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I think there's more to this than meets the eye, buyer remorse me thinks. When I read "safety of my family" and not taking heed of the good advice given here I read bollocks. Quite pathetic really for someone trying to reject a car because they don't like it!!!

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I think there's more to this than meets the eye, buyer remorse me thinks. When I read "safety of my family" and not taking heed of the good advice given here I read bollocks. Quite pathetic really for someone trying to reject a car because they don't like it!!!

 

Yes. THIS ^^^^

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