Caveat Emptor, as the saying goes! (1 Viewer)

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Apr 29, 2014
18
53
North Yorkshire
Funster No
31,229
MH
Burstner
Exp
10years
Hi all,

It’s been a very very long time since I posted anything of potential interest on MHF, but I thought you may be interested to hear of the predicament we now find ourselves in (whether through ignorance or naivety), regarding the purchasing of a new (to us) Motorhome, in the hope that no one else will make the same mistakes that we have.

We are currently the owners of a large ish (7.6m) Motorhome, plated at 4250kg, which is coming up to eight years old. Everything is still good with her and works as it should, but we have been discussing the possibility of downsizing to a panel van conversion for some time now. Our main reasoning for this is that we find it increasingly difficult to find anywhere to park the m/h in most if the towns or villages in this Country, unless you can find a supermarket somewhere, so thought a smaller van could be a solution to the problem. We have looked at several over the last few months but had failed to find one with a layout that might work for us.

A couple of weeks ago I was looking online at Autotrader where I came across a vehicle advertised around three hours away from us, that we though could work for us, so I called the dealer selling it (no names at this stage as things are still ongoing) in order to make an appointment to view it the following weekend. Upon making the appointment I was asked to make a ‘reservation deposit’ of £500, in order for them to take the vehicle off sale until we had seen it. The deposit was ‘fully refundable’ if we didn’t go ahead with the purchase.

The following weekend we drove off to the dealer in our current m/h so the dealer could look at ours with a view to part exchanging ours against the panel van, if we liked it. So far, so good. The panel van was very nice and had obviously been well looked after by the previous owner, but we did find ourselves asking how we would get on trying to fit all of the clobber we gained over the years into the van. After much discussion and lots of coffee, we said that we would give it a go. We agreed a part ex price for ours with a reduction in price for the panel van and agreed to buy it. The paperwork was duly completed, and we were asked to pay a further £1500 deposit, with the full balance due just before we collected the new van some two weeks later.

After leaving the dealership, we decided to spend a couple of nights away in our m/h at a site in the area which had availability, so off we went. By pure coincidence, the day after we arrived a couple who looked to be of a similar age to ourselves pulled onto a pitch three down from us in exactly the same model panel van as we had ordered. Later the same day, we went over and said hello and took the opportunity to ask them what must have seemed like endless questions about living with the van. Overall, they were pleased with their van, but just wished that it had more storage space to use. We noticed that most of their equipment had to be carried in plastic storage boxes, which were then taken out of the van when arriving on site and stored under the van. They also had to store their outdoor chairs and table under the van when not in use. This is ok if you intend to stay on the same site for a few days, but that’s not what we like. We like to get out and about and visit places, so we would be forever unpacking and repacking the van. It very quickly became apparent that we had made a big mistake, and a panel van was not going to work for us.

The following morning (3 working days after visit to the dealership) I rang the dealer and spoke with the salesman who we had dealt with us. I explained our predicament, offered our sincere apologies for any inconvenience, but that we had decided not to go ahead with the purchase of the new van, and we would like our deposit back please. Obviously, he was not happy, but asked me to confirm our decision in writing to him, which I did immediately after ending my call.

Later that day, I received a rather curt response from the sales manager, who said that whilst they could not ‘force’ me to complete the purchase, they were legally entitled to keep my £2000 deposit until such time the vehicle is sold to someone else. Furthermore, if the vehicle is sold at some point in the future for a price that is less than the price we agreed to pay, they can also come to us to make up the difference. They would also deduct additional money for admin and stocking charges. When I questioned this I was told it all in our terms and conditions.

At this point, I should say that at no point during the purchasing process were these terms and conditions explained to us. We were not offered a copy of them, nor were we given them. T’s & C’s were never mentioned.

The following day, I received an email from the salesman asking me to log in to our customer portal, where I could upload a copy of the documents they require us to sign and submit, and where we could find a copy of their T’s & C’s. So, access to the T’s & C’s not being made available to me until the day after I cancelled our order in writing. Having read them, things remain unclear to me as everything is written in legal terms, but I can’t see where it explicitly states where they can do what they are saying they will do if we now default on the contract. Perhaps we should seek professional legal advice?

All in all, a very difficult and potentially expensive situation for us now, as we both know that the van isn’t going to work for us. Please don’t make the same mistakes we have.

Apologies for the long ramblings.

Good luck!
 
Aug 18, 2014
24,636
143,405
Lorca,Murcia,Spain
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32,898
MH
Transit PVC
Exp
16 years since restarting
I believe they do not have a leg to stand on due to the fact that they did not in any way either show you the t/c's before sale nor ask you to sign them either.I'd explain this & give them 5 working days to refund the complete deposit or you will execute a small claims court summons
 

meanders

Funster - Life Member
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Jun 28, 2008
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Very brave of you to post here in the hope of saving others from similar issues. Thank you.

If the dealer took the 2nd deposit without giving you a copy of the terms and conditions, normal contract law law applies, and their terms and conditions become null and void because they were not part of the 'contract'.

Them quoting their own T&C's shows they probably understand less than they think! In your position, I would send them a letter recorded delivery pointing out that as they failed to provide you with a copy of their terms and conditions that those T&C's are 'Null and void' in law, and therefore you demand your money back. You could be kind and offer them a £100 or so for the inconvenience. NB Do not give them the information in my next paragraph.

However, and sadly, it would appear you, in your own words 'agreed to buy it', and it appears you put down no conditions that needed to be met, so you do appear to be in breach of the contract you created. https://www.a4id.org/wp-content/uploads/2016/10/A4ID-english-contract-law-at-a-glance.pdf. may explain the legal position better than me, but your second 'deposit' is the 'consideration' that completes the contract..

I was similarly caught out many, many years ago when I put down a deposit on a car that I then could not get insurance for because of my relatively tender years. I had paid the deposit on my Barclaycard. They carefully explained the law when I tried to get them to get the money back under the recent 1974 Consumer Credit Act and it was tough luck!

Good luck..
 

MichaelT

LIFE MEMBER
Nov 12, 2015
3,861
8,023
Colchester
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40,159
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Carthago I 143 LE
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On the order form normally the T&C are on the reverse in very small print.

Did you sign anything to make the order.
 
Jul 7, 2023
603
2,772
Funster No
97,179
MH
swift Kon tiki 794 G
Small claims court, make sure you have representation. Your solicitor will refer to the cooling off period allowed in Law and apply for repayment and costs. I can’t see you losing unless you signed a purchase agreement in which case, it’s down to those terms and conditions and what costs the seller can prove, the judge will decide.
 
Jan 30, 2020
3,532
16,754
Mid Bedfordshire
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68,408
MH
RS Endeavour
Exp
Just a tad..
Only for distance selling! If you have seen the product in person, it does not apply.

Correct. They took a deposit before seeing the vehicle. Distance sale. May be a little tenuous but hey, they are being unreasonable too!

To the OP, I’d just post all over social media and make them (hopefully) very uncomfortable…
 

meanders

Funster - Life Member
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Jun 28, 2008
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Correct. They took a deposit before seeing the vehicle. Distance sale. May be a little tenuous but hey, they are being unreasonable too!

To the OP, I’d just post all over social media and make them (hopefully) very uncomfortable…
Not if as stated by the OP that it was "in order for them to take the vehicle off sale until we had seen it?" Legally that's a separate contract. If the OP had turned up and it had been sold, they would have ground to sue.
 

meanders

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Jun 28, 2008
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Correct. They took a deposit before seeing the vehicle. Distance sale. May be a little tenuous but hey, they are being unreasonable too!

To the OP, I’d just post all over social media and make them (hopefully) very uncomfortable…
I strongly suggest you do not follow this advice unless you want to be sued for defamation. UK defamation law (Defamation Act 2013) states that for a company’s defamation claim to be successful, they must prove that the defamatory words or material has caused or is likely to cause significant harm to their business.
 
Jan 30, 2020
3,532
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68,408
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Just a tad..
I strongly suggest you do not follow this advice unless you want to be sued for defamation. UK defamation law (Defamation Act 2013) states that for a company’s defamation claim to be successful, they must prove that the defamatory words or material has caused or is likely to cause significant harm to their business.

Really? I strongly suggest you do! 🤪

Going on socials and stating how unreasonable a company has been is a common approach to solving problems in 2024…
 

Chris

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May 5, 2010
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Going on socials and stating how unreasonable a company has been is a common approach to solving problems in 2024…
Have they been unreasonable though?

It seems to me to be a case of buyers regret so I see no merit at all in slagging off the dealer.

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Aug 13, 2017
608
844
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49,969
I'd suggest you throw another £300 or so at it and consult with a contracts lawyer. Your position vis a vie the 'deposit' taken without signed contract nor terms supplied make for an unusual position that may or may not be in your favour. For sure a verbal agreement is a contract but of course the salesman told you that you now had time to think about it didn't he......... verbal agreements are notoriously hard to pin down.......talk to someone that knows before you respond to the other party.
 

meanders

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Really? I strongly suggest you do! 🤪

Going on socials and stating how unreasonable a company has been is a common approach to solving problems in 2024…
Sorry I disagree. The OP changed their minds having agreed a contract. At face value, the company is acting lawfully. Sooner or later someone is going to sue big time. Social media is very much in the spotlight and one thing has come out of the recent horror is that post something on it that is wrong and you can be prosecuted. That also means that the lesser burden of proof required for a civil case is 'game on'.

If the OP had not agreed to purchase and had not handed over the second tranche of money, thereby completing the "contract", it would be a different position.

I am certain that if someone wishes to underwrite any cost, the OP would be delighted to take such advice. However creating additional liability at this stage is likely to fall outside any legal cover they have on insurance.

I appreciate you possibly do not like my challenge, but I am trying very hard to keep the OP's liability to minimum, not make it orders of magnitude worse. The highest defamation payout is over £300,00 plus legal costs. As this is a business and if it collapsed as a direct result, it could run into the millions.

As we disagree, I suggests the OP takes proper legal advice from Citizens Advice or privately.
 
OP
OP
Sterling155
Apr 29, 2014
18
53
North Yorkshire
Funster No
31,229
MH
Burstner
Exp
10years
I believe they do not have a leg to stand on due to the fact that they did not in any way either show you the t/c's before sale nor ask you to sign them either.I'd explain this & give them 5 working days to refund the complete deposit or you will execute a small claims court summons
Thanks for your reply. We are going to ask for advice at our citizens advice bureau tomorrow and see what they say.

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OP
OP
Sterling155
Apr 29, 2014
18
53
North Yorkshire
Funster No
31,229
MH
Burstner
Exp
10years
Very brave of you to post here in the hope of saving others from similar issues. Thank you.

If the dealer took the 2nd deposit without giving you a copy of the terms and conditions, normal contract law law applies, and their terms and conditions become null and void because they were not part of the 'contract'.

Them quoting their own T&C's shows they probably understand less than they think! In your position, I would send them a letter recorded delivery pointing out that as they failed to provide you with a copy of their terms and conditions that those T&C's are 'Null and void' in law, and therefore you demand your money back. You could be kind and offer them a £100 or so for the inconvenience. NB Do not give them the information in my next paragraph.

However, and sadly, it would appear you, in your own words 'agreed to buy it', and it appears you put down no conditions that needed to be met, so you do appear to be in breach of the contract you created. https://www.a4id.org/wp-content/uploads/2016/10/A4ID-english-contract-law-at-a-glance.pdf. may explain the legal position better than me, but your second 'deposit' is the 'consideration' that completes the contract..

I was similarly caught out many, many years ago when I put down a deposit on a car that I then could not get insurance for because of my relatively tender years. I had paid the deposit on my Barclaycard. They carefully explained the law when I tried to get them to get the money back under the recent 1974 Consumer Credit Act and it was tough luck!

Good luck..
Thank you for your reply and the link, which is of great help. I am not feeling too optimistic that we will get a successful outcome, so I really do hope my post will help others making the same stupid mistakes we made.
 

meanders

Funster - Life Member
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Jun 28, 2008
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You will get better advice there than from the armchair lawyers here ( and I include myself in that category). Good luck and I hope you get at least a significant proportion of your money back.

Do double check that the dealer hasn't taken your current van into stock or put it on a credit check or similar.
 
Feb 22, 2020
364
1,049
West Midlands
Funster No
68,927
MH
Bessacarr E582
Exp
2011, 11.6m cruiser on Thames for 5 years before
Is there not a saying, if l remember from a famous judge, that a verbal agreement is not worth the paper it is written on? Having looked it up, I believe that is incorrect!

Good luck, anyway.
 
OP
OP
Sterling155
Apr 29, 2014
18
53
North Yorkshire
Funster No
31,229
MH
Burstner
Exp
10years
On the order form normally the T&C are on the reverse in very small print.

Did you sign anything to make the order.
Yes, we were asked to sign an order form. No T’s & c’s on the reverse of the form. Just a statement in tiny print at the bottom of the form saying that a copy of their T’s & c’s are ‘available on request’. However, you only get to read this statement after you have signed the order form and paid the second deposit, after which a copy of the signed form is given to you.
 
Feb 24, 2013
13,461
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Bolsover, Derbyshire
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24,833
MH
Hymer S800
Exp
not long enough
A lot must depend on did you sign anything and if you did were the terms on that paperwork

Ultimately you have changed your minds, if you were shown the T’s and C’s or they were on the paperwork you signed you might just need to be grateful you only left £2K deposit it could have been more and worse

Had you gone through with the swap then changed your mind it would almost certainly have cost you a lot more

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MichaelT

LIFE MEMBER
Nov 12, 2015
3,861
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Carthago I 143 LE
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Yes, we were asked to sign an order form. No T’s & c’s on the reverse of the form. Just a statement in tiny print at the bottom of the form saying that a copy of their T’s & c’s are ‘available on request’. However, you only get to read this statement after you have signed the order form and paid the second deposit, after which a copy of the signed form is given to you.
But you could of read the statement?
 
Oct 12, 2009
11,493
25,441
SW London, Poland and all Europe
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8,876
MH
A Class N+B Arto 69GL
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Since 2009
Thanks for your reply. We are going to ask for advice at our citizens advice bureau tomorrow and see what they say.

That is exactly what this lawyer(not armchair) was going to recommend.

If they cannot give firm advice go to a Solicitor. Solicitors used to operate a 'Green Form' system under which they gave 30 mins. advice for free. I am not sure if it still operates - Chris or SpeedyDux please advise.
 
OP
OP
Sterling155
Apr 29, 2014
18
53
North Yorkshire
Funster No
31,229
MH
Burstner
Exp
10years
I'd suggest you throw another £300 or so at it and consult with a contracts lawyer. Your position vis a vie the 'deposit' taken without signed contract nor terms supplied make for an unusual position that may or may not be in your favour. For sure a verbal agreement is a contract but of course the salesman told you that you now had time to think about it didn't he......... verbal agreements are notoriously hard to pin down.......talk to someone that knows before you respond to the other party.
Thank you. We have had a quick call with a solicitor who deals with such matters. He wanted £369 per hour to look at the terms and conditions, and estimates his total costs for advice would be around £1200 + vat, so will have to give that some very careful consideration 😳
 

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