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    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
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Marquis Motorhomes - Dealer Refuses to Accept Vehicle Rejection

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My wife and I bought a new Marquis Majestic 185 a month ago via the NEC show for £49,995 trading in another van.

We were told to pick the new 185 at the Ipswich branch

 

Before we could get it from there, a problem with a Printed Circuit Board (PCB) controlling heating and water occurred we were told

We live 70 miles from Ipswich and had to delay picking it up by 4 hours, we were informed the PCB had been fixed when we took possession of the van.

We drove it home with no issues.

 

The next day we began our first trip to Lytham in Lancashire, but there were a large number of problems.

Within 20 miles the habitation door would not close (a temporary repair was done at a garage on route),

the PCB problem reappeared, so we had no hot water,

 

the bathroom door would not shut, the toilet locker door would not shut securely,

the tyre pressure warning lights came on the dashboard several times despite inflating the tyres and remained on.

 

The alarm went off several times randomly, whether we were in or outside the vehicle, a hose hanging under the rear of the vehicle was touching the ground and some white tape under the rear of the vehicle was dragging along the ground.

As we were near, Marquis Preston agreed to try to fix the bathroom door (failed after ten minutes driving) and the alarm - failed within the day.

 

Under the 2015 Consumer Rights Act we have indicated to Marquis in writing that we want to reject the vehicle (can be done within 30 days of purchase) and either have a refund or a replacement vehicle. Marquis After Care Manager is saying 'No' to either of these.

 

The Legal Helpline at one motorhome club indicates we are completely within our rights to reject under the 2015 Act.

 

As Marquis are 'playing hardball' (to quote the legal helpline), we are planning Legal Action.

Any thoughts on this plan of action or alternatives would be very welcome and greatly appreciated.

 

Anyone else experienced this type of problem with Marquis (or other dealers)?

Edited by honeybee13
Paras

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Please will you space and punctuate your questions properly. It's extremely difficult to read solid blocks of text online and it discourages people from helping you.

 

I'm going to sort this one out for you that I be grateful if you would do it yourself in future. Thanks


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Yes, you are quite right. You have the short-term right to reject the item if it develops a fault/defect within the first 30 days of the contract date. As you appear to have done already, you should inform them in writing that you are rejecting the vehicle and they are obliged to refund you the purchase price and any losses that you have suffered.

 

I think it is extremely important that you get rid of it in order to reduce the complications. This means that you should return it to the dealer and leave it on their forecourt. Take a witness with you and make sure you photograph it after you have locked it up so that there are no issues about damage or any other mysterious things that they might say happen to it.

 

How did you pay for it?


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Are these the dealers you bought it from https://www.marquisleisure.co.uk/ ?

 

@MarquisLeisure


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Please will you space and punctuate your questions properly. It's extremely difficult to read solid blocks of text online and it discourages people from helping you.

 

I'm going to sort this one out for you that I be grateful if you would do it yourself in future. Thanks

 

Thanks very much for this. I only entered in this way, as there appeared to be a space/word limit when typing info, particularly as there was reference to Twitter.

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no no limits at all.

 

dx


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Yes, you are quite right. You have the short-term right to reject the item if it develops a fault/defect within the first 30 days of the contract date. As you appear to have done already, you should inform them in writing that you are rejecting the vehicle and they are obliged to refund you the purchase price and any losses that you have suffered.

 

I think it is extremely important that you get rid of it in order to reduce the complications. This means that you should return it to the dealer and leave it on their forecourt. Take a witness with you and make sure you photograph it after you have locked it up so that there are no issues about damage or any other mysterious things that they might say happen to it.

 

How did you pay for it?

 

I have done what you have indicated in the first paragraph - letters and emails. Marquis (After Care Manager) has written back they are 'under no obligation to accept my rejection'.

 

Re returning it, this is exactly the point where I have reached with the legal helpline staff - they are getting back to me on Tuesday having had a team discussion about the return (this was the last thing they told me in as phone call on Thursday evening). The slight problem is that I have a Gaslow system fitted, so will have to have this removed before returning it, and finding someone quickly over Easter may be difficult.

 

'Paid' via the part exchange and a small amount, the balance £3000, on a credit card. I have already been in contact with their Disputes team and awaiting reply.

 

Thanks very much for your rapid response.

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Under no obligation to accept your rejection? :|

 

 

Oh boy, have they got a motorhome sized surprise heading their way :lol:


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Marquis Leisure: https://www.marquisleisure.co.uk/

 

Marquis Leisure is a Trading Name of Auto-Sleepers Group Limited: http://www.auto-sleepers.com/

 

Auto-Sleepers Group Limited

Orchard Works

Willersey

Broadway

Worcestershire

WR12 7QF

 

Company Number: 03978237

 

Company Type: Private Limited Company

 

FCA Register: https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000MfWdGAAV

 

Companies House link: https://beta.companieshouse.gov.uk/company/03978237

 

Endole link: https://suite.endole.co.uk/insight/company/03978237-auto-sleepers-group-limited

 

BizDb link: http://www.bizdb.co.uk/company/auto-sleepers-group-limited-03978237/


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Of course it is extremely disappointing for this company to think that they are entitled to have discussions about whether or not to honour their statutory obligations. I would suggest that you make sure that all the motorhome forums know about this and until Marquis Leisure make a very clear statement on their website that they will uphold proper standards and treat their customers fairly, people should steer clear and buy their vehicles elsewhere.

 

I hope they are not going to come back to you and suggest that in some way it is your fitting of extra equipment which has caused the problem. I suggest that you read our customer services guide and implement the advice there so that you record all calls. Also after any conversation you have make a detailed log and confirm the conversation in writing. It is important to have a paper trail.

 

A tweet of this thread has been sent out and @Marquisleisure will have received a copy so if they bother to read their tweets they will know that this is being discussed on this forum and they will be aware of the advice we are giving you. This will help to concentrate their minds and realise that by not properly honouring customer contracts – which include statutory consumer obligations – then they will cause more damage to the reputation than they might otherwise save by attempting to dodge their responsibilities.

 

I would start putting together a list of all the losses that you will have incurred by the time they accept your rejection – which will happen either voluntarily or as a result of court order. Tell us what those losses are here.

 

This would include the installation and then the removal of the unit you have had fitted. Any expenses incurred in getting the vehicle to the fitter. Any other time wasted, for instance collecting the vehicle from Marquis Leisure or returning it – although it would be their responsibility to arrange the collectionThere is also the huge problem of the part exchange.

 

If they have disposed of the vehicle then we have a very knotty problem to deal with and I suppose the only solution would be that they refund you the advertised sale price – but if you feel that this puts you at a disadvantage then your to explain it to us here. Bear in mind that Marquis leisure may read this thread now – and that is no bad thing.

 

When this matter is resolved, then if you feel that we have helped you, you might like to let other motorhome owners on the specialist forums know about us and the help we give for free.

 

It would also be very helpful if you could post up some of the emails which you have received from Marquis Leisure in which they decline to honour your consumer rights


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Thanks very much for your supportive message.

Marquis in Ipswich actually fitted the Gaslow bottle, as it was in my part exchange vehicle and they just installed it in the new 185. However the blown air heating works in the 185, as do the oven and three gas burners on the hob. It is the gas part of the water heater/boiler that does not work and was where the problem lay that delayed us picking up the vehicle - clearly they have not repaired it properly.

 

We have correspondence in written form - emails and letters. The After Care Manager at Marquis cannot be contacted by phone!! Perhaps this should tell us something!

 

I am not quite certain what you mean by the 'huge problem of the part exchange'.(?) Please explain.

 

We will be happy if Marquis refund us the price we paid (in effect £49,995) or very near to this if they want to reduce the amount slightly as we have done about 750 miles (do we have to accept this reduced amount?). Our main expenses are related to having to cancel part of a planned trip due to the problems, having paid a site fee in advance and returning the vehicle to Ipswich which is 70 miles away and having to use our car to get home if and when they agree to the rejection. However, should they send someone to pick up the vehicle?

 

I will certainly make sure that motorhome forums are aware of the help and advice you are giving.

 

Thanks very much!

Edited by dx100uk
quote

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Under no obligation to accept your rejection? :|

 

 

Oh boy, have they got a motorhome sized surprise heading their way :lol:

 

 

I certainly hope you are right! I am getting lots of support from the Action Group so I hope I am successful!

 

Thanks very much for this info. I knew they were linked to Elddis, but not that they were part of Auto-Sleeeper.

 

It would also be very helpful if you could post up some of the emails which you have received from Marquis Leisure in which they decline to honour your consumer rights

 

I have just tried to put all the communication with Marquis up here, but it has disappeared! I will try again in the next couple of days!

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how did you try to do it?


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Just put it in and pressed 'Reply' but it took quite a while to enter info. so I guess I was automatically logged out(?)

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yep

use notepad first then copy n paste


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Good buffer is that you paid £3000 by credit card, so worst case scenario you can always do a section 75 claim.

That would probably be my preferred solution considering that you have written evidence that they've refused your statutory rejection.

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Good buffer is that you paid £3000 by credit card, so worst case scenario you can always do a section 75 claim.

That would probably be my preferred solution considering that you have written evidence that they've refused your statutory rejection.

 

Thanks very much. I have already contacted the credit card company and they are in the process of setting in motion the Section 75 claim. This is also to show Marquis we are serious about this!

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yep

use notepad first then copy n paste

 

Communication with Marquis

Initially (March 20th) we sent an email with a letter attached to the salesman at Marquis in Ipswich. An automatic message indicated he was away. We then phoned Marquis, Ipswich and asked who we should send our letter to. Marquis Ipswich Sales Manager initially refused to give us a name!! However, my wife managed to get the name of Alan Doherty (After Care Manager). On March 22nd we forwarded by email our original letter which detailed the list of faults (as indicated in our first post on this, above) to Mr Doherty and asked for a refund. We also attached another letter addressed to Mr Doherty himself, making it clear we wanted a refund. The main text of this is below:

 

Dear Mr Doherty,

……..This letter to you is to confirm what was indicated in that message:

‘As we are within the thirty-day period after purchase we would like to exercise our rights within the Consumer Rights Act 2015 to reject the motorhome and demand a full refund’

We would like a full refund on the vehicle (purchase price £49,995) minus an amount proportionate to our usage in the nine days since obtaining the vehicle on March 13TH.

We would like this matter to be resolved and our refund provided within 14 days (by April 5t , 2018). Please confirm when and where you would like the vehicle returned.

Mr Doherty responded by letter on March 23rd , but this letter only reached us by post on March 28th as it was sent by second class post. (NB it is not possible to contact Mr Doherty by phone we were informed by Marquis staff). The main points in this letter, using Mr Doherty’s words, are below:

 

….I note that you refer to the Consumer Rights Act of 2015 and have based your request on your belief that you are entitled to a refund in this instance. Whilst I acknowledge that you have experienced some initial issues I do not accept that these matters constitute fundamental defects that would entitle you to reject the goods……….. The list of issues presented are considered in minor (sic) and easily resolved. The repairs that need to be completed will be done as a contractual arrangement under the terms of the manufacturer’s warranty and not a statutory repair under the provisions of The Consumers Rights Act 2015.

We responded to the letter by email on March 28th, at 12:27 with the following message:

 

Dear Mr Doherty,

Thank you for your letter of March 23rd which we received this morning.

 

We are however, disappointed with your reply. Legal advice we have received previously and obtained again earlier this morning confirms that the vehicle is 'not of satisfactory quality' due to the large number of faults and that under the Consumer Rights Act 2015, we have a right to reject it and demand our money back.

 

However, we want to have a motorhome, and in a spirit of compromise, we are willing to consider a replacement vehicle as an alternative to a full refund. This will be on the basis that it does not incur any further payment/costs for us. If you are not willing to accept this, we will have no alternative, but to take legal action to obtain the full refund.

Mr Doherty responded by email at 2:25 pm (full text below):

 

Dear

 

I acknowledge receipt of your email below dated 28th March. It is clear from your comments that we remain in disagreement in respect of Consumer Rights however, our position remains unaltered. For the avoidance of doubt your request to receive a replacement vehicle is rejected.

The offer to repair your motorhome remains open for acceptance.

Later on March 28th (at 4:30 pm) having spoken to our legal advisers again we sent the following email to Mr Doherty’s:

 

Dear Mr Doherty,

Following on from our earlier message, we have taken further legal advice. Please see the following, which relate to points in your messages:

 

With reference to your comment about 'minor' issues, please see the Consumers Rights Act (2015), Section 9 'Goods to be of satisfactory quality' in particular point 9.3.c. 'freedom from minor defects’. In addition, see Section.9 3a and 9.3d.

 

Please note that we are not required under the Consumer Rights Act to have the vehicle repaired within the first 30 days but can indeed reject it.

 

Please also note in relation to your point about carrying out repairs 'under warranty', this is a choice. If we do not want to use this, we are not required to do so under the Consumer Rights Act. To confirm we do not want repairs carried out under warranty.

 

To confirm that we want a full refund and if you do not give a full refund within 14 days, we will have no hesitation in taking legal proceedings against the company.

 

However, we hope it is not necessary to take this action, so, we ask once again when and where we can return the vehicle and receive the refund?

Mr Doherty’s response (at 4:45) to our email is below.

 

I acknowledge receipt of your email below the contents of which are duly noted.

We are fully conversant with the Consumer Rights Act 2015 and discuss case details on a regular basis with our legal advisers. Whilst I acknowledge that you wish to reject the goods, we are under no obligation to accept your request and that remains our position.

This dispute clearly concerns the disagreement over what constitutes satisfactory quality and whilst I note your advisors claim the issues are not minor, we wholly disagree with this viewpoint.

We then sent the following email at 5:43

Dear Mr Doherty,

Thank you for your response. Please note our message which refers to points 9.3c of the Consumer Rights Act (2015) which indicates that we can reject the vehicle on the grounds of 'minor defects' (even though we regard them when added together as far more serious than this) as 'it is not of satisfactory quality'.

 

As we have been advised by our legal team, under the Consumer Act (2015) you are indeed under obligation to accept our request to reject the vehicle.

Mr Doherty is away until April 3rd his automatic response indicated.

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I don't know who these lawyers are that he says he discusses this with regularly, but I hope he doesn't pay them very much.

 

Also, if this is his attitude then it scarcely surprising that he has to discuss this kind of thing regularly. Have you looked around the Internet to see what people generally think of this company? I would suggest that you start writing the story up on some of the review sites as well as the motorhome forums. I know that you are all a pretty active and quite tightly bound community. Amazing really that some people are prepared to sacrifice their company's reputation.

 

The £45,000 motorhome, starts to exhibit defects after less than a day or so's use.. I think most reasonable people who have just parted with £45,000 can draw their own conclusions

 

I'm a bit shocked

 

https://www.benimarownersclub.co.uk/forum/viewtopic.php?t=533

 

http://www.magbaztravels.com/content/view/1551/357/

 

http://www.autosleeper-ownersforum.com/t17270-let-down-by-marquis-again

 

http://www.motorhomefacts.com/forum-printtopic-1-41342-60-0-asc-viewresult-1.html

 

http://www.groblers.co.uk/page3/

 

http://www.magbaztravels.com/content/view/1866/357/

 

https://twitter.com/search?l=&q=%22marquis%20motorhomes%22&src=typd&lang=en

 

https://www.motorhomefun.co.uk/forum/threads/bessacarr-e765-poor-repairs.11813/

 

https://www.facebook.com/groups/1655444494741569/search/?query=marquis

 

Maybe you could join their Facebook group


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Well this company does get interesting as it seems that Marquis Leisure/Auto-Sleeper was acquired by the 'Trigano Group' approx Jan 2017 who are a french company.

 

https://www.practicalcaravan.com/news/42608-british-giant-marquis-leisure-bought-by-trigano

 

Trigano Group: https://motorhome[problem]pervans.net/trigano-group/

 

Trigano Group: http://www.trigano-finance.com/en/news/news.asp

 

Companies House: https://beta.companieshouse.gov.uk/company/06874019/officers

 

Endole: https://suite.endole.co.uk/insight/company/06874019-auto-sleepers-investments-limited

 

Bizdb: http://www.bizdb.co.uk/company/auto-sleepers-investments-limited-06874019/

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Yes, thanks, I have just found out that Trigano are the owners now!

 

To update CAG members I have put messages on the AutoSleeper Forum and also the Marquis Facebook page (thanks whoever sent me the link!)

 

The FB page has produced over 50 responses since mid-afternoon yesterday and 90% are extremely critical of Marquis (e.g. 'I would not buy a tent peg from Marquis'). One or two people report a good experience, but several people have said I should park my motorhome outside the Ipswich branch with warnings about Marquis plastered all over it, others suggested an occupation of their offices, yet others, activities which are almost definitely illegal!! However, this indicates the real annoyance with Marquis by many people, some of whom have been through a similar experience to ours recently, and Marquis are described as the 'worst motorhome dealer' by a number of people.

 

However, this social media activity may be having some benefits for my wife and I.

 

Around 9pm yesterday, I received a FB message from someone who knew that I had been in contact last week with the After Care Manager at Marquis. This person is i/c the Social Media Account at Marquis and has reported the Marquis FB comments to the After Care Manager. I have been told that he will contact me tomorrow. I hope, but am not convinced that this will lead to a satisfactory resolution of our issue!

 

I will let CAG members know what happens.

 

Thanks very much for your help!

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Sounds promising – but I'm sorry to say that the name of the After Care Manager seems to come up quite a lot as being the person who may be a little difficult to deal with. Of course there are probably lots of people who haven't had any problems at all.

 

As far as I can see, complaints about Marquis Motorhomes mostly seen to date from about 2014. Before that there doesn't seem to be a lot of discontent. Maybe you would like to doublecheck that timeframe if it's right it might be worth asking what happened from about 2014. It is that the date of their acquisition by the French?

 

I suppose it's entirely possible that the French imported their Parisian culture onto this company.

 

However, it can't be all bad because they seem to be a huge company and so there must be lots of very satisfied customers. It seems to me that for the most part customers may be happy. It's doesn't seem to be a question that Marquis Motorhomes generally does a bad job. If you are a big company and all sorts of bad things can happen. It seems to be more a situation that once they do get it wrong, they seem to dig their heels in and they are very bad putting things right.

 

Currys and PC World are especially guilty of this kind of thing. They are fine to deal with until the going gets rough – then for some reason rather jobsworths within the company seem to take things personally and seem to think that they are doing the company a favour by dominating their customers and saving the company a few bob – regardless of the cost to their reputation. Npower is a utility company which acts exactly in this way. Vodafone is the mobile phone company equivalent.

 

Maybe every industry has its jobsworth company – and maybe in the case of motorhomes it is Marquis?


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Thanks very much for this. Yes, I will wait to see what Mr Doherty has to say - if he does indeed contact me as indicated by his staff member!

 

Marquis may well be the 'jobsworth' company. We have previously bought privately or nearly always through smaller local companies. They do seem more concerned about customer care - reputation in the local area is seen as important, I guess!

 

However, my wife and I realised last night, that we have dealt with Marquis before - we bought a new motorhome from them in 2013, but this was via their Devon branch and there were no problems - they even delivered the MH, to Ipswich, which is our nearest branch. This was a cheaper, more standard, 'entry' vehicle, made by Elddis - not so many bits to go wrong!! Our Majestic is also made by Elddis, but the Majestic is a special vehicle made just for Marquis.

 

I am not certain how long Trigano have been in charge, but on Autosleeper forums, there seem to be lots of problems with Marquis going back quite awhile.

 

One good piece of news for us is that we have discovered that we have legal insurance, not via the MH, but our car, and the insurers seem quite keen to get their teeth into this! Assuming it gets that far, which we hope in many ways that it does not, as it will probably drag on for weeks!

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Well I'm sorry to rain on your parade, but the experience we have on this forum is that the legal assistance provided by legal insurance schemes is generally speaking half-hearted and unambitious. I'm not too sure how they make their money but I'm sure it includes a percentage of the settlement which would explain why they are keen. Don't imagine that it simply your insurance premium that pays them.

 

We find that they are picky and that they prefer to fight surefire winners, that they prefer to get involved in some kind of settlement rather than going all the way to win – and this tends to be because they are anxious to close the file and to claim their fee.

 

I could be wrong – but get ready to start a new discussion about this a new thread if it starts to go pear-shaped.

 

If you have the energy for it then the best person to take any claim forward is yourself.


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