Me again. Marquis now refusing to refund the deposit.

[SirPooley]

14th August: Deposit paid.

2nd October (49 days after deposit paid): I tell them I've had enough of waiting and want to cancel the 'sale'.

I tell them that I want a refund of my deposit, citing Section 28.3b of the Consumer Rights Act 2015.

28 Delivery of goods
(1) This section applies to any sales contract.
(2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.
(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—
(a) without undue delay, and
(b) in any event, not more than 30 days after the day on which the contract is entered into.

They have replied, refusing to issue the refund, stating:

1. For failing to take delivery of the Motorhome (non-acceptance), as per our terms and conditions M******* B******* will accept the £3,000 deposit in full and final settlement of cancellation and you will not be liable to complete the transaction.

The very reason I cancelled the sale was because several weeks had gone by and they still could not / would not provide a date from when I could actually collect the vehicle I had paid for in full. I have not failed to take delivery. They have failed to deliver.

Surely it cannot be right that a company can take your deposit and then fail to provide the goods the deposit was paid on, or to give any indication of when that might actually be. Essentially they expect me to wait indefinitely.

At no point when I paid the deposit or then paid the remainder did anyone say anything at all about a possible delay in paperwork.

I am prepared to make a court claim for the return of this deposit. Does Section 28.3b of the Consumer Rights Act 2015 apply or is it trumped by their terms and conditions?

 

[enark]

I assumed M******** was Marquis, I hadn't realised it was his name

I believe you are absolutely right

Oh, not the Berkshire branch?

 

[haganap]

Having gone back and read SirPooley post and wording of letter I am inclined to agree with the eagle eyed Tombola - I think the OP IS getting his money back.

No, I read it as Marquis are keeping the deposit as full and final settlement of the customer not completing his her order.
In other words they won't pursue the op for the rest of the money

 

[suavecarve]

I assumed M******** was Marquis, I hadn't realised it was his name

I believe you are absolutely right

I read that as MARQUIS BERKSHIRE

We need to find out if the OP is MB or if MB is MB and the OP is best suited for this RSVP

 

[Ray-Vic]

Oh, not the Berkshire branch?

I didn't know what branch, I just assumed the OP was being his usual tolerant self and obscuring the name of the company. I didn't give it a thought it was his own name he was obscuring.

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[Gromett]

I assumed M******** was Marquis, I hadn't realised it was his name

Me too as I skim read it that was what I thought.

 

[Tigger-Tim]

this says to me as you are getting the 3k as full and final settlement of the dispute, as if they are paying it back to you and thats the end of the matter, sort of "dont come back to us asking where is your van" after you get your final 3k back ???


what am I missing,

check your bank

1. For failing to take delivery of the Motorhome (non-acceptance), as per our terms and conditions M******* B******* will accept the £3,000 deposit in full and final settlement of cancellation and you will not be liable to complete the transaction.

I read that as Marquis Berkshire, but you could well be right. I do hope so. If so, it would have been better had they been a little clearer to SirPooley.

 

[haganap]

Why would he be angry if he was getting his money back and taking them to court

 

[haganap]

SirPooley can you help us all here?

 

[chaser]

Absolutely rediculas how they are behaving, myself and two other people I know have vans for well over 100k on order. All 3 of us have paid a & £500 refundable deposit, that's how proper dealers behave.

With all due respect as I wouldn't get into this sort of deal at all, and it's nothing to do with this .
But what is the point of a refundable deposit, if you can just have your money back you might as well not pay a deposit at all.

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[pappajohn]

Your taking to long ..
SMALL CLAIMS COURT STARTING MONDAY.

 

[Bailey58]

Pretty obvious they are referring to their company.

 

[Tombola]

No, I read it as Marquis are keeping the deposit as full and final settlement of the customer not completing his her order.
In other words they won't pursue the op for the rest of the money

Oh haaaaaaa..yes your right.

I assumed the starred out was the OPs name..but says Marquis Berkshire I guess.

Trading standards and legal ASAP OP

 

[rolosroller]

Marquis.

 

[SirPooley]

I thought you had paid the whole amount?

I had. They refunded everything apart from the deposit.

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[Grianan]

No, I read it as Marquis are keeping the deposit as full and final settlement of the customer not completing his her order.
In other words they won't pursue the op for the rest of the money

I hope not … we’re all rooting for a positive outcome for SirPooley. If indeed he has blocked out the name of the dealer then he should be seeking legal advice asap.

 

[Langtoftlad]

The law trumps any t&c's might try and impose.


...small claims court.
They'll pay as defending their stance will cost them more than paying up.

 

[SirPooley]

I read that as MARQUIS BERKSHIRE

We need to find out if the OP is MB or if MB is MB and the OP is best suited for this RSVP

Sorry. Yes. I copy / pasted that from something else where I didn't think I should reveal the name. It is Marquis Berkshire.

 

[Dorwyn]

I've heard negative things about Marquis in the past, but would you ever go there having heard this tale? Buyer beware!

 

[BikerGraham]

I may be missing something but how can they say you have failed to take delivery of the motorhome.

When they have not tried to hand it to you in a condition that you can take delivery of.

For that to happen it would have to be able to be driven away. But you can’t do that as it can’t be taxed as it is not yet a registered vehicle. That is something they have to complete but have failed to do so.
So their argument and justification for keeping the despots is seriously flawed

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[Thornebt]

The reviews for Marquis Motorhomes on Trustpilot average out at 2.9. I could only see one star or five star reviews - nothing in-between. The one star reviews are fairly damning as you would expect.

 

[bigtree]

This is for anyone thinking of buying a Mobilvetta Technoline from Marquis, be aware that it is only a Kea with Technoline decals.

 

[Just smiffy]

I would have had my bat in my hand last week, today I would have started swinging it….

 

[Dorwyn]

Generally speaking, salespeople will say that, non refundable deposit. But does that make it so? Surely if they cannot keep their side of the bargain, that statement is null and void? Further, what about the seller's reputation? If they are so powerful that they do not care, why would a potential purchaser go there?

 

[rosalan]

Over the years, several large dealers have come in for a drubbing., Most if not all have risen to the task of sorting themselves out. This business with Marquis could have been anticipated had Trustpilot been seen earlier. I would have missed their report as many of us would when the van of your dreams comes up.
We once had some dealings with Marquis but found at the time, everything looked too good to be true.

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[Sapper520]

I purchased a car last year from a company that got high reviews.

Whilst doing the handover the salesman said can you scan this in your phone for your review about our service, and score us. I challenged this, pointing out that until I’d used their service, not just purchased the car from them, I couldn’t possibly give a review.

After-sales has been pants.

Trustpilot is less than trustworthy.

 

[Ray-Vic]

Sorry. Yes. I copy / pasted that from something else where I didn't think I should reveal the name. It is Marquis Berkshire.

Well in that case, no. They haven't attempted delivery so you can't have failed to take delivery on the basis of non acceptance. Irrespective of the law, which would no doubt find in your favour anyway, you haven't breached their terms, they have by failing to offer a delivery.

 

[BillM]

You have been very patient throughout this ordeal, its time to up the anti and get legal assistance.

This is the best advice, and you can explore what additional claims you may have in addition to the return of your deposit: lost interest, refund of insurance paid, etc etc. There's no rush - get sound advice and then go for it.

 

[Bailey 15]

Wonder how their sales will go at the NEC in few weeks

 

[Jimbohorlicks]

You have not refused to collect, the van was not available for collection. Which vials hope you havecin writing ,either from marquis or you repeating by e mail what they had been telling you for 7 weeks.
You need to take it to a small claims.
Advise them in writing that unless the deposit is refunded by x date, due to the van not being available to you on the agreed date then you will proceed without further notification , a small claims procedure.

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[Pausim]

Marquis clearly have no wish to improve their horrifying reputation.