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?

 

[Tigger-Tim]

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

You mean Marquis Berkshire?

 

[Grey Fox]

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

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.

Marquis is just a trading name used by Auto-Sleepers, one and the same company. If you look at the bottom of the Marquis Leisure web page they provide details.

Auto-Sleepers Group Ltd T/A Marquis Leisure
Registered office: Orchard Works, Willersey, Nr Broadway, Worcs WR12 7QF United Kingdom
Registered in England & Wales No. 3978237.

 

[enark]

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.

and they must deliver within a reasonable timescale, possibly specified as 30 days, or dependent upon the contract he entered into.

 

[MichaelT]

and they must deliver within a reasonable timescale, possibly specified as 30 days, or dependent upon the contract he entered into.

Ours says delivery TBC

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[enark]

Ours says delivery TBC

Wow, and you signed that? They could say no worries, be with you in 2055…..

 

[MichaelT]

Wow, and you signed that? They could say no worries, be with you in 2055…..

Yes very happy, currently due to go into production in January but as we know this may slip but we picked up a cancelled order so hopefully it won't and we'll get it about March or April. We have specced up the van (on carthago side) so the dealer has skin in the game too and they are reliant on the maker delivering the van.

 

[Gooney]

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.

I also refuse to do reviews on trust pilot, I don’t trust them

 

[Bernie P]

Just had a look at the order for my new van and the first and third clauses of the Term and Conditions is:

1. a) The seller will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. (The seller shall not be obliged to fulfil orders in the sequence in which they are placed).
b) If the Seller shall fail to deliver goods within 21 days of the estimated date of delivery stated in this contract the Purchaser may by notice in writing to the Seller require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract shall be cancelled.
3. If the contract is cancelled under the provisions of clauses 1 or 2 hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.

Item two was a long-winded clause about being fit for purposes repairs etc

 

[Yorick]

Just had a look at the order for my new van and the first and third clauses of the Term and Conditions is:

1. a) The seller will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. (The seller shall not be obliged to fulfil orders in the sequence in which they are placed).
b) If the Seller shall fail to deliver goods within 21 days of the estimated date of delivery stated in this contract the Purchaser may by notice in writing to the Seller require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract shall be cancelled.
3. If the contract is cancelled under the provisions of clauses 1 or 2 hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.

Item two was a long-winded clause about being fit for purposes repairs etc

Their rules do not override your statutory legal rights.

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[Old Gibber]

Their rules do not override your statutory legal rights.

Actually no. The CRA, in section 28, outlines the terms of delivery:
"
(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.

At the end of the day, we still do not know what was in the contract the OP signed when he paid the deposit. Parts (a) and (b) do not apply if there is something in the contract which specified a different time span, as is highly likely with a new motorhome unless it is already in stock. Indeed one only has to look on this site to see posts saying how long people have had to wait for the delivery of their new van. - Its sometimes 2 years.

It is useful to always look at the explanatory notes that underpin the CRA, and here is a very useful bit of information relating to section 28:

"Under this section, unless a separate agreement is reached between the consumer and trader, the trader must deliver the goods to the consumer and must do so without undue delay and within 30 days after the contract is made."

In signing the contract to buy, the OP may well have reached a separate agreement about delivery time, and the OP has been very quiet on exactly what he did sign, but knowing the size of Marquis's dealership, I would be highly surprised if their contract was not bullet proof in this respect.

 

[Live Life Now]

Marquise again, and again, and again