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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Caravan Blackhorse - Caravan HP problems.refund issues..**WON VIA FOS**


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less than 6 months so it is down to the retailer to rectify or refund. As there is clearly a design/manufacturung problem I would be demanding the refund. Make sure that the company ae told what you expect and in what time frame in writing so a formal letter saying that you expect a refund within 14 days is reasonable. You may have to arrange the return of the items but dont let this cause any delay to receiving your statutory rights..

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  • 3 weeks later...
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Last Thursday we had a Dometic Freshjet 2200 air conditioner fitted into our caravan. This unit comes with heating, dimmer function and a remote control.

The unit cools down okay, but on checking the heating function (1200w) there is a strong burning smell, a rattling noise and no heat. We have tried the heat function several times in the past week and it will not function.

In addition, the unit has a light which can be dimmed using the remote control. This function does not work either.

We managed to contact the supplier who in turn said that they would contact the manufacturer When there was no return phone call, we phoned them back to be told that the tech who could advise at Dometic was away on holiday! They said they woudl phone back this morning, but no call. It is nearly impossible to get through to the supplier as you always end up in a queue which is no joke if you are phoning from a PAYG mobile phone.

We are not very happy with the unit considering it has a major fault from first use and another fault also from first use. We have contacted the supplier by phone and also have completed their Online query form. No happy with no resposne to either.

The unit was paid for by credit card and the deposit was paid over the phone with the balance payable when the work was compelted! Please advise. Thanks.

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Was it supplied and fitted by the same people?

 

Read our customer services guide and make sure you follow the advice before having any further telephone contact.

Log all attempts to make contact even if you don't succeed.

 

Your claim as I'm sure you know, is against the supplier.

 

I would suggest that you put everything in writing and given their lack of response so far send it by way of an LBA giving them 14 days before you start action in the County Court.

 

Why don't you tell us who the supplier is.

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The supplier is Outdoor Bits based in Exmouth. We had the unit installed at the beginning of our holiday and will not be returning home to late June. At the moment we are about 130 miles from Exmouth but when we return it will be 250 miles from Exmouth. All the calls are automatically logged on my mobile phone. Unfortunately there is no email address for them and you have to complete an Online form and of course you have no record when you use this method.

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  • 3 months later...

Recently we purchased a mattress from Duvalay as it is supposed to be Duvalay's Highest-specification, ultra-luxurious, lightweight, durable, Duvalite memory-fibre mattress is custom-made to perfectly fit your home-from-home, complimenting your leisure days with quality.

As per above the mattress was custom made for our touring caravan, but now we both suffer from sore hips and end up tossing and turning all night due to the discomfort when using this mattress. We have emailed the company and part of their response was to purchase a memory foam topper from them at a discount price! We bought the mattress so that we could remove the previous topper from our caravan as it weighed 10kg.

The cost of the mattress was in excess of £500 including delivery. As the mattress was custom made it appears that it may not be covered for returns under Sale of Goods Act. We have had the mattress since end of July, but have only used it on 5 different occasions for 2 night stops.

We did try similar mattresses fitted in some other caravans of a different brand prior to ordering and they seem to be very comfortable so we decided to buy the next one up in the range which is supposed to be top of the range, but it is like sleeping on a mattress topper which is on a concrete floor!

We have offered to take the caravan and mattress to their premises in Yorkshire, but they are not taking us up on our offer. Where does that leave us as it looks like we are going to be £500 out of pocket?

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Have you seen any reviews for this mattress

 

I know it is custom but have any other people complained as to the quality of these custom mattresses

 

Just to clarify. The mattresses are genetic and are manufactured in bulk for Swift touring caravans however as mine is a Lunar it had to be custom made using the same design as the ones for other caravans. The one that we chose is supposed to have better "outer" material than the genetic one, but otherwise it is the same as difference is cosmetis. One or two people have mentioned that they required a topper to make the genetic mattress more comfortable. Unfortunately not all that many people who caravan use forums so feedback is limited.

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being custom made doesnt mean the SoGA doesnt apply, just that you have to prove that it is defective. What is comfortable is rather subjective so you will have to look at what your specifications were and what you were told to expect. Then you have to consider the price of the mattress compared to other products and how they perform as a comparitor. Not knowing what the standard mattres tests are I dont know whether there is somewhere you can use as an independent assessor to determine whether the one supplied fits the description of what you were told you were getting. Best look through your paperwork and see if there is anything contained therein that somehow quantifies the mattress relative to others. Contact trade body for mediation?

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  • 4 weeks later...

I am not clear on some aspects of the regulations and placing a deposit on an item at a show where the business has a temporary stall i.e. NEC show.

If we place a desposit for instance on a caravan and then change our minds later i.e. 10 days later, are we entitled to our full desposit back as the caravan has not been delivered and is not even built and we have paid over £100 deposit using a credit card?

Secondly, if I place a deposit and the caravan is built and delivered to the dealership, but before I take delivery, there is a change in circumstances and we need to cancel the order, can we get back our deposit which will be over £100 and paid using a credit card?

Just to add, we are not in either position at this time but would clarification on this aspect of the law. Thanks.

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As I understand it, typically a deposit would be non-refundable outside of any specific terms and conditions in the contract allowing for a deposit return or there was a case of something along the lines of mis-selling (ie the item that you ended up ordering was different to the item you were led to believe you were ordering).

However, if you just changed your mind and the contract did not have a cooling off/change of mind period, and the item you've ordered is exactly as described, then to the best of my knowledge the company would be entitled to keep the deposit.

 

Happy to be corrected though.

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As I understand it, typically a deposit would be non-refundable outside of any specific terms and conditions in the contract allowing for a deposit return or there was a case of something along the lines of mis-selling (ie the item that you ended up ordering was different to the item you were led to believe you were ordering).

However, if you just changed your mind and the contract did not have a cooling off/change of mind period, and the item you've ordered is exactly as described, then to the best of my knowledge the company would be entitled to keep the deposit.

 

Happy to be corrected though.

 

In either case you have done the business off premises and delivery has nto taken place so contract has not been concluded.

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  • 2 weeks later...

If I place a desposit with the dealership for a new caravan which is scheduled for delviery in March 2016 and then for whatever reason change my mind within the next month, am I entitled to a full refund regardless of why I cancelled?

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Then tell us what the regulations you intend to use to support your entitlement for full refund in the event you change your mind :)

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This is a Self help site :)

 

So there is new legislation just come in Consumer Rights Act 2015

 

Maybe start there?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 5 weeks later...

Can I please have some advise how to go about actually using Section 75 of the Consumer Credit Act to get a refund?

 

We had an air conditioner fitted into our caravan in May 2015 and less than 3 weeks later coming back after a day out, we found that the air con was dripping water inside the caravan and the carpet was soaked.

 

We contacted the supplier who advised us not to turn the temperture down too low although the lowest setting is 16C. We believed them at the time and continued to use the air con. Recently at the NEC show in October the Dometci rep was approached about the problem and he advised that the unit needs a modification whcih is a deeper condensation tray and we need to contact the supplier.

 

We then contacted the supplier on 18th Oct who in turn told us to contact the local Dometic service agent. Although it is not our responsibility to contact the agent, we emailed the agent and when we got no reply, we left a message on their answer machine. Still no reply!

 

Several days later on 29th Oct we contacted the supplier again by email to advise that the agent was not responding and they never responded. We have tried phoning, but we are put on hold listening to music and generally after about 10m - 15 minutes we give up. The unit is still within the 6 months of purchase and appears to have an inherent fault otherwise the manufacturer would not have a modification.

 

We no longer have any faith in the product or the supplier and want to be put back to how it was before we made the purchase and for them to replace the vent that they removed in order to install the air con unit.

Edited by Andyorch
Paras
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have air con in my house, and it is really just a matter of taking the condensate outside through a rubber tube or copper pipe.

The drip tray is only for occasional use. and readily fills up if on a lot of the time; it needs to have a permanent outlet.

This applies to all air con units.

Hope this helps and you can keep your air con, definite bonus, in a caravan with not much insulation.

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I have air con in my house, and it is really just a matter of taking the condensate outside through a rubber tube or copper pipe.

The drip tray is only for occasional use. and readily fills up if on a lot of the time; it needs to have a permanent outlet.

This applies to all air con units.

Hope this helps and you can keep your air con, definite bonus, in a caravan with not much insulation.

 

We have had air cons in our homes previously as we lived in the tropics. In this case the manufacturer has acknowledged that there is an issue with the condensation tray and that the unit can be modified under warranty. The issue is getting the seller to acknowledge it is their responsibility to arrange a time and place convenient for the modification. Unfortunately the seller is passing the buck and leaving it to us to chase it up with the Dometic agent or service partner.

I get the distinct impression that the service agent does not want the job as excuses have varied from never received email, does not have a copy of the invoice and the last excuse that it needs to be done under cover. Luckily we have an undercover place at thestorage yard and I could hear he was chestfallen when told this. I have since found out that as it is a known modification, there is no need to produce proof of warranty.

The agent also services caravans as his main job as he is an approved workshop and that is obviously where his bread an butter is and preferable to doing a warranty job. Not sure where to go with this now as the last conversation he said he had passed it over to the manufacturer Dometic.

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  • 5 months later...

In October 2015 we ordered a new Buccaneer Cruiser caravan and paid a deposit of £1000. The caravan is due to delivery within the next few days. We chose this caravan as it is wider and has self levelling making it easier for me as I have rheumatoid arthritis and therefore mobility problems.

 

Between the time we paid the deposit and now we raise a few issues about the rear panels on these caravans as there was an issue with some developing cracks. The caravan is advertised with a 10 year water ingress warranty and one would assume that this covers the outside panels however on reading the owner's manual which cna be obtained online I found out that the panels only had a 1 year warranty.

I emailed the dealer on a few occasions with our concerns about the rear panel and they replied and gave us re-assurance and I left it at that however on Saturday someone went to take delivery of their 2016 Cruiser and foudn crazing on the rear panel. I raised this with the dealer as we were have 2 units fitted onto the caravan and requested if we coudl view the caravan when it was delivered and before they did any fitments to the caravan.

 

This was their response;

 

Martyn is on holiday at the moment and won’t be back for a few weeks .I have just been looking through your email with the concerns you have with the buccaneer cruiser 2016. I then started to look though the rest of the emails you have sent us over the past few months. You have great concerns with the caravan . On a personal level ,this occasion we feel this would cause you a great deal of stress to yourself and the company if a problem was to happen in the future with the buccaneer cruiser. with this in mind on this occasion I obliged to return your deposit and cancel your order. we feel this is the best course of action for you .can you please call us to return your deposit asap .

 

Can they cancel the order and issue a refund bearing in mind that they have had our deposit for 5 months plus I have had to paid £425 for the air con on our current caravan to be transferred and another £99 deposit for a Paintseal treatment?

 

The wife is absolutely livid as she has been looking forward to us taking delivery of the caravan.

Edited by Andyorch
Paras
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Sounds like they know about the issues and hope that customers aren't as switched on to the issues as you clearly are.

 

They may well have a clause in the terms which allows them to cancel the order. I would have a read through this first.

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Sounds like they know about the issues and hope that customers aren't as switched on to the issues as you clearly are.

 

They may well have a clause in the terms which allows them to cancel the order. I would have a read through this first.

 

As you say they may have had previous issues and no faith in the unit as the onus woudl be on the supplier after the 1 year warranty on the panels had expired. Although we are rather disappointed, we have agreed to the cancellation and requested a refund. I never knew that suppliers could cancel and order even though the goods were available.

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  • 4 weeks later...

A follow on to this is that we have ordered the same caravan from another dealer however the trade in value on our current caravan is less plus the APR is 1% more so we suffer financially. I have read and re-read their T & Cs and nothing in about them cancelling but if I cancelled all sorts of penalties would have kicked into place.

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