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?

 

[Otter Spotter]

I suspect that your deposit was paid to the salesman as commission before he left and they can’t get it back off him. Still no excuse for returning it to you.

 

[meanders]

Consumer Rights Act 2015 apply or is it trumped by their terms and conditions?

Legislation always over-rides contract law. Speak to Trading Standards or BBC Rip off Britain.

 

[Gromett]

Wondering if SirPooley is any further forward with this?
I hope so!

Me too. Are you still around SirPooley ?

 

[Yorick]

First off, I'd ask them to show an offer for you to pick it up.
You can't refuse what never happened

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[enark]

The Marquis stand at the NEC looked a bit quiet yesterday afternoon, i did ask a feller if i could reserve, no deposit, no payment until collection, he wasnt that keen

 

[StephandJohn]

Not sure where you're up to with this but we messed around for months with a company that refused to honour an agreement. I eventually phoned Trading Standards and they told me exactly what to do. I followed their instructions and got the money back in two weeks!
Wished I'd phoned them much earlier.

 

[Petroleumblownapart]

Thieves yes. But be careful going the court route.

I've done this several times lately in my work life.

It's all about the contract. Read it thoroughly, again and again. Make sure you are sure that it state that they can do what they are doing.

If sure, check your car insurance and see if you have legal cover, you probably do without knowing. Use them for advice and a solicitor to then see if the contract is sound.

These dealer charlatans know what they are doing and are expert in ripping people off. It's never what's right or wrong, but in court it's what is legally binding.

Good luck

Just another thought re. The deposit.... If you paid by CREDIT CARD the issuing bank are jointly and severally liable. The bank normally issues the refund, after checking the facts, then charges the supplier from their existing account..... At least I remember it that way!

 

[Phill D]

Just another thought re. The deposit.... If you paid by CREDIT CARD the issuing bank are jointly and severally liable. The bank normally issues the refund, after checking the facts, then charges the supplier from their existing account..... At least I remember it that way!

There is a limit to the purchase price for that to apply. I can’t remember what it is but it is way less than £78k

 

[Petroleumblownapart]

The irony!!! Withholding your deposit as you will not accept delivery, which is all you bloody wanted all along!

Formally write to them (audit trail if needed), give them the relevant laws that cover this and give them seven days to refund. Send by every channel you can, paper and electronic and print a cc copy of each and keep in a file for later proof if needed.

If they don’t pay, initiate the small claims process. Google the cost of letters (use this for each letter you send) and add that to the claim as well as any other reasonable costs…

You will win, but you could do without the hassle. You need to prove your resolve to follow every and all options open to you to recover your money and be more of a problem to them than the £3k value represents, at which point they will pay.

Send everything RECORDED DELIVERY TO THEIR LEGAL DOCS SERVING ADDRESS!

PAPERWORK=POWER

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[Yorick]

Send everything RECORDED DELIVERY TO THEIR LEGAL DOCS SERVING ADDRESS!

PAPERWORK=POWER

Very loudly

 

[VXman]

Any news?

 

[Dutch 68]

Yes SirPooley any news, managed to get deposit back?
Did you purchase another van?

 

[Revolvor]

He's not been on here since 16th October.

 

[Dutch 68]

He's not been on here since 16th October.

Hmmm after all that it would be nice to know how it evolved, hope he is alright

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[pappajohn]

Maybe been told by legal bods not to discuss it ANYWHERE.

 

[Dutch 68]

Maybe been told by legal bods not to discuss it ANYWHERE.

And also not to check in yes and tell us about another van

 

[MichaelT]

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.

I paid 5k, but they are doing some work so it will cover that when the van arrives (hopefully)

 

[Lenny HB]

I paid 5k, but they are doing some work so it will cover that when the van arrives (hopefully)

Thats a lot I'd never put that much down.

 

[MichaelT]

Thats a lot I'd never put that much down.

But you didn't get a discount like I did

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[Lenny HB]

But you didn't get a discount like I did

I got 2022 prices.

 

[Old Gibber]

If it was me I would :
Email the CEO of Auto Sleepers Ltd, he is the person ultimately in charge of Marquis, Pointing out that they behaved dishonesty requesting full payment when the company knew that they would be unable to supply the vehicle within 3 days. In my book this is in effect fraudulent trading, this was the catalyst that started the sorry saga and ultimately gave you no choice other then to cancel the contract.
I would Inform them that I was passing onto a solicitor and trading standards.

This would be a complete waste of time. Auto Sleepers is not in charge of Marquis. Auto Sleepers, along with Auto Trail, Benimar, Chausson, and about a dozen other motorhome manufacturers are all part of the French Trigano group. Marquis too is owned by Trigano.

 

[AndyPK]

Who are all owned by Thor Industries…..???
(I think…..)



edit:- Apparently not! …….

 

[Old Gibber]

Maybe I'm wrong, but surely when you commit to paying a deposit, you are guaranteeing that you will buy the goods. Thus if you cancel, you would be liable for any loss incurred by the company for this loss of sale. It could be quite difficult to prove the £3k you paid does not cover their losses.

As for the time delay, you would need to look at the small print in the contract you signed and agreed to to see what it has to say about delivery. If there is a disclaimer about delivery, then this might invalidate any claim you try and make.

 

[Old Gibber]

Who are all owned by Thor Industries…..

Thor industries does not own Trigano or any of their companies.

https://www.thorindustries.com/thor-companies

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[Lenny HB]

Who are all owned by Thor Industries…..

Nope.

 

[Old Gibber]

Maybe been told by legal bods not to discuss it ANYWHERE.

Hopefully.

 

[DerryW]

Be nice for a an update, no matter how brief.

 

[VXman]

Maybe I'm wrong, but surely when you commit to paying a deposit, you are guaranteeing that you will buy the goods. Thus if you cancel, you would be liable for any loss incurred by the company for this loss of sale. It could be quite difficult to prove the £3k you paid does not cover their losses.

As for the time delay, you would need to look at the small print in the contract you signed and agreed to to see what it has to say about delivery. If there is a disclaimer about delivery, then this might invalidate any claim you try and make.

Did you read the whole story? The van has been there at the dealers for weeks. They just wouldn't allow him to take it as they couldn't get it registered. They were not giving him a date. They had taken FULL payment. I think they lost the moral high ground even if not the legal one.

 

[JockandRita]

I do wish folks would read the whole thread, instead of just the initial post before replying.

Jock.

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[VXman]

I did a bit of digging in some of Sir Pooley's previous threads. It was an Auto sleeper Kingham that he bought from Baileys Berkshire. Wonder if this is it?

AUTO-SLEEPERS KINGHAM 52364

www.marquisleisure.co.uk