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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
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Hillside Leisure -Right to Reject New Campervan? - ***Resolved***


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I am new here but very glad to find my way here and would welcome any input.

 

i purchased a brand new campervan conversion from Hillside Leisure (175 miles from our home) on July 26th for £31,000 and, within 48 hours, during a storm, the alarm began to sound incessantly. We could not get it to stop, even after trying everything listed in the manual. We phoned Hillside on Saturday July 28th around 2.00pm. The young man who answered the phone said he would seek the advice of their technician and call us back, which he did. The technician told us that they, Hillside, couldn’t help, but that we should take the van to Nissan (the van is a Nissan) as the fault would lie with one of their components.

 

During the coming days, the alarm continued to sound randomly. Our neighbours were furious and we were beginning to feel quite stressed. We had a holiday booked (our first) but cancelled it because the sounding of the alarm being so unpredictable. We booked the van as we were instructed to into our local branch of Nissan who, because of the holiday time in August, were unable to fit us in for three weeks, but we accepted that’s what we had to do to get the campervan repaired.

 

We decided to ensure there would be no further problems, (the alarm had sounded at 5.00 am and seemed to be cycling through some pattern or other) to simply leave the van unlocked - which is what we did. No one from Hillside rang us or offered any input or help or asked to see the van during those 3 weeks.

 

Finally, on August 17th, we took the campervan into our local Nissan branch who seemed very helpful. However, later in the day we had a call from Nissan to say that they thought the internal sensors were causing the alarm to go off because the roof had been altered and so the issue lay with the conversion. I asked the Nissan man if they could simply disarm the alarm, but he asked who would pay for it. I said we had a van warranty with Nissan and a campervan warranty with Hillside, surely they must between them be able to do something. ‘Leave it with me’ he said.

 

An hour or so later, Nissan man phoned me and said he was not happy. Hillside would not speak to him saying they were ‘too busy’ and that there had been some words exchanged about their, Nissan’s, lack of expertise. He apologised but said they couldn’t do anything and we would have to collect the van, still with the fault.

 

At that time, I was furious and all the ideas I had of relatively trouble free motoring evaporated. Having had the campervan for just 3 weeks and driving home with the fault still on the van and this being the first experience of a problem was infuriating. I checked my rights and decided to invoke our short term right to reject the van as not fit for purpose after talking with CAB the next morning. We wanted our money back.

 

Since then, there have been 15 exchanges of letters between us and Hillside, each more unpleasant and accusatory. To be fair, after we rejected the van and asked for our money back Hillside did offer to inspect it and repair it, but why didn’t they do that in the first place and the problem was exacerbated by their complete lack of concern for us and our holiday cancellation. Perhaps, had Hillside apologised or shown sympathy or understanding of how difficult those three weeks of the unpredictable alarm were, we might have said please repair it. But they didn’t accept liability at the time, never contacted us and we simply followed their instructions to take it to Nissan. Hillside’s emails and later letters were belligerent and blaming, so we are still seeking a full refund. The van is still completely unused and sitting in our driveway still unlocked.

 

I contacted Nissan Customer Services who say they are unable to offer an independent inspection without the vehicle being stripped out by Hillside, so the advice Hillside gave to ‘take it to Nissan’ on that first afternoon was completely wrong,anyway. I have also tried finding arbitration but, so far, haven’t found anyone who can arbitrate because the van is under warranty and that includes the NCC whom Hillside are members of.

 

We are now at the stage of thinking we should take it back to Hillside to strip out and Nissan inspect, but we are so mistrustful of Hillside and have lost all faith in them and Nissan haven’t come out much better. We certainly don’t want the van back afterwards but wonder quite what exactly our rights are, here. Under the Consumer Act 2015 and the fact we rejected this van as not fit for purpose 23 days after buying it (and it’s never been used) we would welcome the experience, thoughts, advice and expertise of this Forum. Thank you.

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I haven't read your story thoroughly yet, but I see that you are just within the first six months of ownership. You should assert your rights under the consumer rights act which entitles you to insist on a repair and then if the repair fails you are entitled to insist on a refund or a replacement – at your option.

 

Send a letter immediately. Send it by recorded delivery. Also send an email. Make it clear that you are asserting your rights under the 2015 Act and tell them that you want it repaired. You should also tell them that you will be holding them liable for any costs you incur associated with the defect – including delivering the van to them and collecting it.

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I've read a bit more carefully and I see in fact that you have already invoked your short-term right to reject in the first 30 days. Well done.

 

In that case you can ignore what I said about the six months right.

 

I'm afraid that the only thing now is to threaten a legal action. How did you pay for the van?

 

You can begin a legal action in the County Court. However you need to be aware that if you happen to lose the case, that you may be liable for the other sides costs. If you win then they will be liable for your costs.

 

On the basis of what you have told us above, your chances of success are better than 95%.

 

If you want to start a legal action then you will need to send them a letter before claim and given 14 days. Don't send the letter if you aren't serious. Don't bluff. It's not worth it. You will lose credibility.

 

It will help you if you can get something in writing from Nissan confirming the defect which you have identified – but even if the defect happens to be an Nissan defect, it will still be the suppliers of the van to you who will be liable.

 

At the same time I would suggest that you go round to all of the mobile home websites and start telling everybody about your experience. You may be very surprised to hear others reporting similar concerns about the same company.

 

If you want to start a legal action then we will be very pleased to help you and we will assist you in drafting the claim – which will be very easy and very short.

 

If you do start a legal action then you will be claiming for the refund to which you are entitled under the consumer legislation and also any associated costs caused by the breach of contract and also I would think about putting in a figure for the loss of enjoyment in respect of your ruin holiday plans

 

By the way, please read our customer services guide and implement the advice there. It is very important.

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Hello, thank you for the reply.

 

Perhaps I wasn’t very clear that we have sent many letters recorded delivery rejecting the campervan as not fit for purpose, the first one well within 30 days.

Hillside do not accept the campervan as unfit for purpose and have requested to inspect the van and want to repair it.

They did not accept liability for the van on the day of the fault but referred us to Nissan, who then said the problem was with the conversion, which Hillside refused to accept. We are caught in the middle and this is the essence of our discomfort.

 

In addition, because the correspondence (over 10 recorded delivery letters from them and us) has been so deeply unpleasant, because they gave us bad and wrong advice (take it to Nissan, it’s a Nissan problem) and because we lived with the stress of the alarm possibly sounding for three weeks we just want nothing to do with this company and want them to take their unused campervan back. They may well repair the fault but then we don’t want to have to deal with them at all in the future.

 

They haven’t inspected the van themselves (I think we suspected they were trying to blame us for the problem) but Nissan say they can’t check the alarm sensors without Hillside stripping out, so we are thinking we should get it back to them. But we don’t want it repaired. After these awful months and the loss of our holiday , we just want a refund.

 

Thank you!

Our replies crossed.

Will stay in touch.

Thank you!

 

Bankfodder, you asked how we paid for the campervan.

Well, with our life savings.

It’s all paid for, unmoved since the fateful trip to Nissan and still unlocked with 380 miles on the clock.

 

May I just ask one thing.

Do you think it advisable to return it to Hillside (God knows we have had enough of it) and get the inspection done?

Edited by dx100uk
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Bankfodder, you asked how we paid for the campervan. Well, with our life savings. It’s all paid for, unmoved since the fateful trip to Nissan and still unlocked with 380 miles on the clock. May I just ask one thing. Do you think it advisable to return it to Hillside (God knows we have had enough of it) and get the inspection done?

 

This doesn't answer the question. Did you pay by bank transfer, credit card, what means did you use to pay with your life savings?

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The defect doesn't have to render the item unfit for purpose. According to the new 2015 legislation, it simply needs to be a defect. Who started using this kind of language? You or them?

 

Even if it is not unfit for purpose, under the old legislation you would still have been entitled to a repair.

 

In terms of what you should do with the van now, I suppose that your worst nightmare could be that you would return it to Hillside Leisure and then they suddenly go out of business and you lose your van as well as your money.

 

Probably the best thing to do is to hang onto it but make it clear to Hillside Leisure that you will also be applying a reasonable storage charge to your claim.

 

The good thing about you as an individual bringing your claim against the company is that even though you are the claimant, the case will be heard in your local court. That will put them to load of trouble.

 

Just to avoid any doubt, I suggest that you make sure that you get some expert corroboration of the defect – even if the cause of the defect is not identified.

 

Also, write to Hillside Leisure and invite them to carry out their own inspection of the vehicle and tell them that you will be happy to accommodate them if they will make an appointment. Point out to them that if they will not make a visit and inspect the van then you will put that out to the judge in the County Court case and they will have difficulty disputing the existence of any defect.

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Thank you BF.

In relation to corroborating the fault, I do have two pieces of written evidence from our local Nissan branch, one dated August 17th and the second, more formal, from the Service Manager October 8th reads,

 

“Just to confirm that the vehicle was inspected as Customer concern was alarm going off. We inspected the vehicle to find it had been completely modified and converted into a campervan.

 

We checked the alarm and suspect that due to the modification to the roof this may be causing the ultra sonics to set off the alarm.

 

Further testing of the alarm and wiring would involve removal of units inside the vehicle. We are not happy to work around the modifications made and recommend return to selling or adaption dealer.”

 

I do have that and a more informal email from another member of staff at our local Nissan branch.

 

I think your input to invite Hillside to inspect here is a really good plan.

We are very weary and just want it gone and sorted, but I think you have helped stiffen our resolve.

 

There have been some really unpleasant accusations thrown at us from Hillside

- not least that our contacting Nissan was “undertaken of your own accord.”

That made us particularly furious as we just did what they told us to do and just wanted it sorted.

 

In relation to the word ‘defect’ Hillside used it in one of their letters to us, so I think we may have used it without thought.

Thank you again, BF!

 

Sorry, just spotted your payment question.

We paid via two Debit cards,

lawntreader

Edited by dx100uk
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In respect of the defects, you don't have to ascertain the cause. You only have to ascertain that the defect exists. Can they confirmed that the alarm problem exists?

 

In the case of the payments, it's a shame you didn't use credit cards because you would have more protection. I'm not sure what the chargeback rules for payments of this size by means of debit cards are.

 

Maybe someone can help

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Thank you king12345. Unfortunately, we paid by debit card so I assume this section 75 doesn’t apply? Hillside wouldn’t accept credit card.

 

In respect of the defects, you don't have to ascertain the cause. You only have to ascertain that the defect exists. Can they confirmed that the alarm problem exists?”

 

We did video it going off and it has been taken to Nissan whose report I included in my previous post.

Edited by dx100uk
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I looked d up this section 75 and debit cards and it doesn’t apply, but there is this Chargeback thing, but we are 4 days over the 120 days which is bit hard. But for future reference it says

 

 

Chargeback isn’t a legal protection like section 75. It’s an agreement Visa, Mastercard, Maestro and American Express have signed up to.

 

The scheme enables you to claim a refund from your card provider if a purchase doesn’t arrive or is faulty.

 

It works by the card company trying to claim your money back from the company you’ve paid, by reversing the transaction.

 

There’s usually no minimum spend in order to be covered by chargeback, but time limits apply for making a claim – usually up to either 45 or 120 days from making the purchase, depending on the type of card.

 

Chargeback claims can take some time to process because the card company has to get the money refunded before it can pass it onto you.“

 

But thank you everyone for this support

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I find it bewildering that Hillside haven’t insisted you get the van back to them for inspection, in the first place! It would probably take a good auto electrician a few hours to diagnose and either bypass some sensors or,

deactivate then incumbent alarm and fit a new one to the doors and engine bay only.

 

I suspect they think that you are suffering from “buyers remorse” and that’s why they are digging their heels in but they’re clearly wrong and this is abysmal behaviour from them.

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Agree with that..how silly of rhem

 

Dx

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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Ps chargeback is 120 days from when you realise not from paid date as long as you have not passed 540 days

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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Chuffnut, thank you.

It wasn’t until we rejected the campervan that they contacted us and wanted to inspect it and, to be fair, they then wanted to look at it, but that was three and a half weeks after purchase and after we’d gone through all the debacle at Nissan when this awful row between the two companies had kicked off and we didn’t like being in the middle of it all.

 

Yes, if they had accepted liability for the campervan in the first place or expressed the slightest bit of concern perhaps things might have been different. Certainly if I was MD of a company and someone had spent £31000 with me and 2 days in they had a problem, I would have been straight on the phone asking what was going on and seeing if I could help.

 

On the day the alarm first sounded, we sent Hillside the video of what had happened and they didn’t acknowledge receipt until weeks later when we provided them with evidence that we sent it.

Edited by dx100uk
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In the case of the payments, it's a shame you didn't use credit cards because you would have more protection. I'm not sure what the chargeback rules for payments of this size by means of debit cards are.

 

Hillside wouldn’t accept credit cards. Perhaps if we had been more consumer savvy in July when we bought the campervan our alarm bells might have rung back then. It’s such a worry to have this campervan unlocked outside.

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Hillside wouldn’t accept credit cards. Perhaps if we had been more consumer savvy in July when we bought the campervan our alarm bells might have rung back then. It’s such a worry to have this campervan unlocked outside.

Hillside wouldn’t accept credit cards. Perhaps if we had been more consumer savvy in July when we bought the campervan our alarm bells might have rung back then. It’s such a worry to have this campervan unlocked outside.

 

Contact your bank by phone and then my post beginning the chargeback process. It costs nothing to try.

 

 

 

Decide if you are going to begin a legal action. You don't need any prrofesional help at this point.

Be aware of the risks and if you decide then we will help you begin.

 

You need to decide quickly.

Ask us any questions

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Hillside wouldn’t accept credit cards. Perhaps if we had been more consumer savvy in July when we bought the campervan our alarm bells might have rung back then. It’s such a worry to have this campervan unlocked outside.

 

Contact your bank by phone and then my post beginning the chargeback process. It costs nothing to try.

Don't expect your bank to be pleased or cooperative.

 

Before you phone - implement the advice in our customer services guide

 

 

 

Decide if you are going to begin a legal action. You don't need any profesional help at this point.

Be aware of the risks and if you decide then we will help you begin.

 

You need to decide quickly.

Ask us any questions

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Imo you have to let Hillside have the opportunity to repair, refusing them their right is unreasonable. You cannot make up your own rules. A judge would probably dismiss your case or it would be set a side prior to going to court for exactly the above reason. You are taking this far too personally and not looking at it practically, any good vehicle Electrican would be able to fix / disable within a couple of hours. Stop escalating the problem and resolve it, get it fixed and move on.

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If it is a ultrasonic sensor issue you should be able to disable this function. Not ideal but at least you will be able to lock it.

 

There's usually a button in the car on the drivers side. It's a worth a look.

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Just for further sharing of information, I have contacted my bank to initiate the Chargeback process. I found them very helpful but they have informed me that the faulty goods/van needs to be in the hands of the merchant and they then have 15 days to act and if they don’t, the process of obtaining the refund can be initiated. So they can’t act until the van is returned.

 

I have been fortunate to have a friend who has a garage who feels any company should have the right to inspect a faulty vehicle. But, at the same time, Hillside tried to blame us for tampering and told us to take the van to Nissan in the first place. They never wanted to see it in the first 3 weeks. The element of mistrust here is so great, yet I don’t want to appear unreasonable.

 

I have also been looking at auto engineers and expert witnesses and all sorts to strengthen our position, but I can’t help noticing another week has gone by with a brand new, unlocked campervan sitting outside. The thought of court proceedings doesn’t fill me with joy, but I am wondering if this maybe what has to happen.

 

BankFodder your advice was to tell Hillside to make an appointment to come and inspect it here at our house, but then Chargeback cannot be initiated. Another week has passed, I have done more research but I am still unsure of my next best move. Any input welcome, thank you.

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  • BankFodder changed the title to Hillside Leisure -Right to Reject New Campervan? - ***Resolved***
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