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Subject Topic: Refund of a Deposit Post Reply Post New Topic
19/3/2020 at 10:10pm
 Location: 
 Outfit: None Entered
View linzi317's Profile View Profile   Reply to linzi317 Reply   Quote linzi317 Quote  
Joined: 19/3/2020

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Hi, I am after a little advise please
I placed a deposit down on a brand new motorhome over the telephone on the 27/2/20, After confirming via telephone that I could come up and complete the sale and collect on the same day as this was a 6 hour round trip i didn't want to be doing it twice.
This was agreed, there was no signing of a contract and no mention that the deposit was none refundable, So i placed a £2,000 deposit, after taking my deposit I heard nothing from the company and I had to chase them to get a delivery date off them, They stated that It would not be possible to complete in one day I would have to travel up for the paper work side of things then go back up another day to collect the van. I refused and stated that I couldn't afford to take two days off work to get this sorted. after a conversation with a sales rep at the company who spoke to me like a piece of sh*t i cancelled the order on the 3/3/20 at 13.27 I emailed them to cancel and asked for a refund at !7.56 the same evening they emailed me over an order form for me to sign and send back I refused to sign this and again stated that I was no longer going ahead with the sale.
today 19/3/20 I have received a letter in the post stating that I can either:
allow the company to keep the deposit as I breached the contract (I never signed a contract)
accept £2'000 credit note valid until December to be put against another motorhome, (I have already gone out and purchased another vehicle)

Where do I stand legally Have they got a right to keep my deposit? or am i entitled to the deposit back in my account not in credit note.

Thank you for taking the time to read any advise greatly received


19/3/2020 at 10:19pm
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View MisterB1959's Profile View Profile   Reply to MisterB1959 Reply   Quote MisterB1959 Quote  
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i think you should looking for legal advice not well meaning comments on a forum. of course someone making the comments may have faced something similar and may be offer to some sort of insight into how they resolved it, but you really do need to take legal advice asap.


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19/3/2020 at 10:27pm
 Location: East Herts
 Outfit: 1992 Elddis Wisp 450CT + X Trail
View Colin21's Profile View Profile   Reply to Colin21 Reply   Quote Colin21 Quote  
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I would suggest you seek proper legal help or contact citizens advice. You will get a lot of peoples' advice on here and I would imagine most of us aren't legally trained. I know I'm not.


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Best Regards,
Colin


20/3/2020 at 7:47am
 Location: Turriff Aberdeenshi
 Outfit: Romahome R30 Dimens
View Capt Lightning's Profile View Profile   Reply to Capt Lightning Reply   Quote Capt Lightning Quote  
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Yes, you must seek proper advice, but having a daughter who qualified as a solicitor, I believe some points are...

1. An Oral contract is generally legal if it meets certain requirements.
2. If it was accepted that the transaction could be completed in one day, this may be seen as a condition of the contract and therefore it was the seller who had breached this.
3. Similarly, if the question of the deposit was never discussed and agreed, it could not form part of the contract.

But, seek proper advice - initially the CAB or many solicitors will give a free initial consultation.   

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Two drifters off to see the world.

I'm tired of reality, so I'm off to look for a good fantasy.


20/3/2020 at 8:49am
 Location: Nottinghamshire
 Outfit: Pennine Countryman 2010
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The Citizens Advice Consumer Service number is 0808 223 1133.

This is the number for free consumer advice or to bring a matter to the attention of trading standards. This number is now free when calling from mobiles or landlines. The relevant trading standards teams are notified for where the trader is based and where the consumer lives.   

The previous number of 03454 04 05 06 will remain active for a few more months before being switched off. I believe there is a message on this number telling people of the alternative free number.


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20/3/2020 at 12:57pm
 Location: Lichfield
 Outfit: Coachman Amara 450
View tango55's Profile View Profile   Reply to tango55 Reply   Quote tango55 Quote  
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Try this website below as I had a minor case resolved only last year. It's free from MoneySavingExpert.com
Please come back with the results as it will help other members of the forum.


Here


20/3/2020 at 2:42pm
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 Outfit: 
View daveyjp's Profile View Profile   Reply to daveyjp Reply   Quote daveyjp Quote  
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Act in haste, repent at leisure.

There is a contract. Offer, acceptance and consideration have all been met.

However it was a conditional contract in that you paid based on a deal in a day.

The problem is with nothing in writing you may have to go through a formal recovery process and have to prove what was agreed in front of a Judge. Always bearing in mind winning doesn't guarantee payment.


20/3/2020 at 3:26pm
 Location: Turriff Aberdeenshi
 Outfit: Romahome R30 Dimens
View Capt Lightning's Profile View Profile   Reply to Capt Lightning Reply   Quote Capt Lightning Quote  
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However, unless it was explained clearly beforehand, it sounds as if the non-refundable deposit was not agreed as a condition of the deal.

-------------
Two drifters off to see the world.

I'm tired of reality, so I'm off to look for a good fantasy.


20/3/2020 at 9:35pm
 Location: Milton Keynes
 Outfit: Bailey Alliance 66-2 Motorhome
View David Klyne's Profile View Profile   Reply to David Klyne Reply   Quote David Klyne Quote  
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Are you sure its a genuine dealership? There have been a few scams around recently.

David



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