I cannot find the previous posting where I said that I too had paid a deposit [in haste] at NEC closing time after a tiring day.
Instead of walking away and sleeping on the deal I felt pressured to sign to ensure New Van delivery in March.
Anyway to cut a long story short I emailed cancellation to the Dealer within 3 days thinking there was a 7 day 'cooling off' period. He agreed to refund all my deposit less £100, which I had offered to compensate him for my CC charge, plus his time and trouble.
Today I am delighted and grateful to have received their cheque.
The dealer was Atlantic Caravans [near Liskeard] here in Cornwall. I hope it is OK to name them as they deserve much credit and goodwill. How many other dealers would have behaved in this manner?
we wanted to do the same when we put a deposit on a van, we should have slep on it as I really wanted a german van being winterized and all that but we settled on Swift voyager and was worried that there would be lots of faults like our last swift sundance but luckily we have been luckly with this one and the dealers are helpful but I would have cancelled had I known we could have.
Perhaps I should have found out as we they couldnt keep to the dellivery date and it was 2 months late due to various reasons but good on that dealer for keeping his part of the bargain and refunding your money.
"Buying away from the trader’s normal place of business.
You may also invoke your 7 day cancellation rights for items over £35.00 where business is taking place away from the trader’s HQ or shop. This may include any of the following:
Your place of work
A trade fair
A one-day fair (such as a wedding fair) or a marketing presentation (such as overseas property)
It is also the case even when contracts are concluded at a later date, back at the trader’s shop or office – the fact that you have made your offer away from here is the important thing."
No doubt your dealer was well aware of his obligations.
Contracts entered into for the sale of goods exceeding £35 made away from the dealers normal place of business are the subject of a cooling off period of 7 days under The Cancellation of Contracts made in a Consumer’s Home Place of Work etc. Regulations 2008. This includes contracts made at Trade Fairs such as the caravan Show at the NEC.
When you signed the contract to buy the caravan the dealer should have given you a notice of your right to cancel within that seven day period. The seven day period runs from the day you received that notice. A failure by a seller to advise a buyer of his rights under the Regulations is a criminal offence. Max fine £5000.
The Regulations do not apply to all consumer contracts, so, just in case anyone may consider that it applies to all consumer contracts, and for the avoidance of any doubt, this advice is focussed solely on buying a caravan at the NEC
Typical notice to cancel the contract served by the buyer could be along these lines
The Cancellation of Contracts made in a Consumer’s Home Place of Work etc. Regulations 2008
I/We (delete as appropriate) of ……………………………………………….
……………………………………………………Post Code………….……..
hereby give notice that I/we wish to cancel my/our contract made with you on theday of2010 for the purchase of a [] caravan in the sum of £……… and for which I paid a deposit of £…………. Your contract reference number ………….
I therefore require a full refund of monies within 14 days of receipt of this letter together with confirmation that the contract has been terminated.
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
I see that Millermicm got through the ether a bit quicker than me!
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
Phil that is great info. I would have slept more easily if I had known those conditions. None of the salesmen I talked to at the NEC ever mentioned a 7 day cooling off period. It is good to know our rights as so many Dealers would have been difficult and obstructive.
Atlantic Caravans agreed immediately to give me a refund and I was happy for them to keep £100 as it was me that 'messed' them about. I anticipated argument and discord but it was all amicably agreed, for that I was grateful.
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
Some of you will remember we did the same thing couple of years ago, we paid a £500 deposit by credit card, anyway we only ever got half of that back and that was only due to help I received off this forum!
Oh and just to add, its alright people quoting laws and that, but if the dealer wont budge like ours did then you are just stuck.
Just a thought. I understand that there is the 7 day cooling off period, so that you can terminate the contract and you do not have to buy the caravan. But, does this automatically mean that the deposit is fully refundable? I would assume that the two are linked but not directly connected?
"day cooling off period, so that you can terminate the contract and you do not have to buy the caravan. But, does this automatically mean that the deposit is fully refundable?"
Yes the law puts the risk onto the dealer. If you terminate during the "cooling off" period you are entitled to be put back into the position you were in if no contract was made. Full deposit refund. You may wish to do the honourable thing and leave some of the deposit with the dealer for his trouble. That's up to you.
"Oh and just to add, its alright people quoting laws and that, but if the dealer wont budge like ours did then you are just stuck."
Take your point to a degree. Firstly many people do not know their legal rights and some sellers (of any goods, not just caravans) will take a flyer and try it on. It's business (although somewhat unethical). That is where message boards like this can be invaluable in giving people advice about their rights. You then have the bullets to fire. When the seller realises that you do know your rights a different conversation usually follows. Each time consumer advice comes on here cut and paste and store it on your desk top just in case you ever need it. Many a time your rights are lost by how you buy. You need to think about how best to protect your rights. So, for example if you are at the NEC buying a caravan and you do not get the seven day cooling off period notice, demand it. That way the dealer has to consciously offer you your money back if you cancel the contract in that cooling off period. Then when you cancel you can waive their own notice in their faces and there it is in black and white a promise that they will give you your money back.
Secondly, this board tells you about enforcement of your rights, e.g. directs you to Trading Standards and a visit from them will usually focus the mind of the seller. Paying you your money back is cheaper than being prosecuted and have the court details published in the local paper. Try suggesting that as an alternative option to the seller and see if he is more inclined to put his hand in his pocket. Failure to issue the 7 day notice max fine of £5000 and a criminal conviction!!!!!
Thirdly, if they still don't pay you have this forum to name names. Sellers must be aware that the world has changed in recent years and the communication between disgruntled buyers is far more reaching than it ever used to be. The sooner the bad guys realise their potential business losses via forums such as this, the sooner all sellers respond like the OP dealer did.
Wouldn't you want to deal with Atlantic Caravans? See how it works.
Chin up
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
Quote: Originally posted by stephenn280575 on 29/10/2010
Just a thought. I understand that there is the 7 day cooling off period, so that you can terminate the contract and you do not have to buy the caravan. But, does this automatically mean that the deposit is fully refundable? I would assume that the two are linked but not directly connected?
When it happened to us, the dealer said there was NO cooling off period, as the contract we signed said the deposit was non refundable, he said he would been left with a caravan that he couldn't sell, even though we had changed our mind by the next morning! He only gave us half of it back due to the pressure off this forum!
I visited CAB, rang a legal help line wrote lots of letters and got in touch with trading standards, all to no avail!
Mind you learnt by our mistakes, will never buy somethin/leave diposit without being 100 % sure again!
Ah but were you buying at the dealers base or at the dealer away from its normal base? There is a difference. Then agin what year?
Know your rights and stick to them no matter whata dealer says....see my earlier post
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
we had the same as the last poster, they said we couldnt have our deposit of £2000 back as we had signed the contract and would have lost the deposit, if only I had read this first!!!!
And we signed at the NEC so we could have had it refunded and bought another MH as I wanted a winterized german model but couldnt find the layout we wanted, only found one in a british make but its not winterized.
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Topic: NEC Caravan deposit refund
