Advice required (1 Viewer)

[Dolph]

Letter sent special delivery this morning requesting refund & advising seller as van is unroadworthy all associated costs regarding travel until this is resolved will fall on him. Will keep all receipts.

 

[AXO66]

Contract exsists as you have paid for the goods and received the goods. Suspect the article you have read refers to the terms and conditions of the contract, ie the small print.

Chances are he is obliged to issue this document and if he hasn't, then a solicitor might argue its an implied part of the contract as its a legal part of the deal, that anybody can find out about and fully expect before entering into the contract.I think it's the distance selling regs.

Is this dealer a member of a trade organisation you can complain to?

Consider seeking legal advice, might cost a few quid, as this dealer is not playing fair and hope you will go away. It means you will have a qualifed legal point of view that should give you a way foward.

Best of luck. This dealer sounds really one to avoid

 

[Dolph]

Hi AX066
Contract may exist but I can't read the small print as I wasn't left a copy... of anything. He took all my documents with him. I'd like to think that would go against him as he has admitted it via text. The more you try & find the best way forward the more confused you become. I'd have thought asking for a refund would suffice in the circumstances... how wrong I was. I really appreciate all the advice on here

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[AXO66]

Sorry Doph I can see that what I said wasn't clear. You have a contract in law simply because you paid for your van. Therfore what was advertised is what you paid for , if it wasnt as advertised then you have a case, probably under sale of goods act. The bit I was refering to about the distance selling regs, could "in therory" be required as part of the contract as an implied part, i.e dosn't have to be written down. Ithink only a solicetor can properly advise. Sorry if i caused confusion, heavens knows it's complicted enough for you.

Couple of thoughts though,

Trading standards in the local authority of the dealer might be interested and worth a call.

If you use the small claims court, using the sale of goods act, the people there might help be check details and you might be able to pick there brains re the merit of your case.
Good luck.

 

[Dolph]

Update: Seller has emailed (not his solicitor, who he says is going to deal with everything). He says he would be willing to offer a refund if I remove my slanderous review. This is progress, however he is still trying to dictate terms & my review is factual. I think the offer has only been forthcoming due to me saying I can no longer drive the van & all associated travel costs will be down to him. He took 5 days to respond to my last email so I think I will do the same.

 

[CWH]

He took 5 days to respond to my last email so I think I will do the same.

My advice (FWIW):
Don't lower your personal standards of behaviour!
But do give yourself time to think things through & choose your next moves and your words with care.
eg refund first, removal of review follows immediately funds have cleared? (you may want to warn everybody else off, but your first priority has to be getting your money back and getting your motorhoming career back on track)

Continue to seek legal advice.

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[chaser]

Update: Seller has emailed (not his solicitor, who he says is going to deal with everything). He says he would be willing to offer a refund if I remove my slanderous review. This is progress, however he is still trying to dictate terms & my review is factual. I think the offer has only been forthcoming due to me saying I can no longer drive the van & all associated travel costs will be down to him. He took 5 days to respond to my last email so I think I will do the same.

I wouldn't wait , get back to him while you have the chance.

 

[Beacons]

If it was me I would be only interested in getting my money
Back and be able to start looking forward to getting a van that I could use and getting on with my life.

 

[Dolph]

Fair point beacons.... life's too short, but I would hate to think he could do this to someone else. Review sites should be honest in my opinion & some people base their decisions on them

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[Beacons]

I would still look after myself first I have to be honest .
Worry about all that if you need too after you've been
Refunded etc don't buy any more vans over the phone.
Any ways welcome to moterhome fun .happy and safe travels.

 

[Cat53]

Nope!

Have you seen whats going on in Facebook at the mo with them?

On holiday and tinted web patchy. Also not on Facebook with them...

 

[BMM]

Take the money and remove the review. the damage to his reputation has already been done

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[Spriddler]

Yes, sort yourself out first for the sake of your health and finances. It's all very well being public spirited but it's not the priority in view of your circumstances.
Get the refund and move on without the stress of legal wrangling which could go on for months - quite likely until your precious summer's gone.

 

[Jim Dowd]

1. Check the new sales of goods act which came into force in 2015 gives a lot more protection to the buyer and the onus is on the seller to prove there isn't a fault you have this protection up to six months the seller has to repair replace or refund. I quoted this new act when my wife's car developed a fault after the garages 3 month warranty period, they informed me that we would have to pay due to being over the warranty period they didn't know about the new law ( so they said ) after checking they called us back and stated they would pay for repair, I would assume the same conditions would apply to a morhome hope this helps.

 

[Captain Birdseye]

Has this been resolved now? This guy lives one mile away from me.
I do hope that you have now got your money back.
He has a few Motorhomes for sale now, one of which interested me.
I had left an answerphone message for him to contact me.
Now that I have read your story Ihave left a further message saying that I no longer wish to deal with him, and not to bother returning my call.
Thank you for sharing your terrible story. It has perhaps saved me from suffering from his lack of integrity.
I am not a lawyer but I think that his internet offerings may breach the law, as neither his trading address is quoted, nor the company number.

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[raysalaugh]

Well Captain Birdseye you should have an advantage when smelling something fishy going on, best leave well alone don't want to get your fingers burnt.
Oh and by the way welcome to the fun.

Ray

 

[Captain Birdseye]

It's the way you tell 'em

 

[pappajohn]

It's a real shame Dolph never came back with an update.maybe been advised not to publicly divulge anything and the case is ongoing.
Would have been good to see a successful result.

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[Captain Birdseye]

I'm sure that everyone on here is on his side.

 

[simsy56]

I hope he got a satisfactory result. I noticed in the opening thread he asked what Cat-D meant and the dealer said it had had a new ECU fitted. That is naughty! Some dealer eh?

Craig

 

[chaser]

what interests me is if you follow the link from over a year ago , it still says its for sale, did he have it back?

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