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?

 

[Badknee]

Not sure, let the small claims court decide eh?

 

[HarryML7]

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?

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

 

[Odd-no-more]

I would make a claim, first get them to confirm in writing that they will not pay, and why, then see if trading standards can help. After that send a notice of intended prosecution and if that doesn't work a small claims court. Be absolutely sure that you are suing the correct company, with so many companies involved it's important to be sure who has your money, did you pay the branch or the head office?
By law a firm must display the name and address for service of legal papers,if you are not sure go to the dealer and demand to see it.

Good luck.

 

[tonka]

Come on.. Small claims court..
Do it online. call their bluff.
I cant see why any magistrate would not be in your favour after all the messing about and details you have to date..

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[Gina M]

Sounds like a right good scam to me just keep selling the van over and over to people, don't deliver it then keep keeping the 3 grand deposits after people cancel it as they are sick of waiting.

 

[BouncyBoatFolk]

This thread deserves to be made a "sticky" as to how some motorhome retailers operate, and the utter contempt they have for their customers once their holding the customers money, AVOID at all cost, or be prepared to suffer the consequences.
It's a stressful enough exercise buying a van in the first place, without the dealer making the process unnecessarily difficult.
Mike.

 

[David and Sally]

I thought you had paid the whole amount?

 

[Larrynwin]

What a bunch of thieving cowboys How much pain do they intend to put you through?

 

[Grianan]

I thought you had paid the whole amount?

They have returned the rest but withheld the deposit

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[enark]

Think I might ring them up and order a MH, when they ask for a deposit…….waaaaaa time…

 

[haganap]

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

 

[Gellyneck]

I could be wrong but I would say company t&C's cannot override legislation.

 

[Thornebt]

I wish I lived more locally to Marquis. I would go down and waste their time looking at a very expensive van and tell them I was going to buy it. I'd then phone them the following day to say I wouldn't be proceeding with the purchase as I'd read a review of their company online about some poor person who had waited the best part of two months for their van, received incredibly poor customer service and not got their deposit back.

 

[Gromett]

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?

You cannot sign your consumer protections away as I understand. You also have unwritten protections in that a companies terms and conditions can be thrown out if considered unfair or onerous for the consumer.

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[gus-lopez]

They cannot refuse to return the deposit on te grounds that " customer refused to collect " which is what it is saying as they refused any attempt to have the vehicle taken away or delivered.
You have far moire patience than me I'd have driven a vehicle through the showroom windows at least once ,tracked down where they all live & turned up making there lives a misery day & night. I'd be camped outside the place with stickers over everything.

 

[Tigger-Tim]

That is outrageous behavior from Marquis. Nothing in their contract can over-ride your statutory rights.

"For failing to take delivery of the Motorhome" - that is such a slap in the face, when you have been repeatedly trying to take delivery.

You need to send a letter before action. Keep it simple. Then small claims court. Let the judge decide. You have little to lose and a very high probability of winning.

 

[suavecarve]

I ve had something similar many many moons ago.

I had a solicitor send a letter to the decision maker threatening to sue the individual for "Withholding of payment" when it was absolutely clear cut I was owed the money by the Employers (the council) but one bloke refused to release the funds because he wanted it out of next years budget

 

[Just smiffy]

How can they get away with this, are they that stupid…

I always say this about stealers, a good one is like finding rocking horse rubbish…

 

[Puddleduck]

I have used the small claims court twice, once 25 and once 30 years ago when living in England / Wales (the Scottish system is different but similar). Once the company admitted the fault and refunded me prior to the case, the second time it went to court (very informal, no robes etc) and the company had a barrister, I represented myself. I told my story and handed the judge my evidence, the barrister acknowledged the company had copies of everything I had handed over (he couldn't deny this as I had sent one copy by guaranteed delivery and another by secure courier) but had failed to respond. There was no real defense as the company had taken my money, failed to deliver and failed to refund my money. I won. The company had to refund and also pay the barrister who told me after the case he had no idea why the company even bothered to contest given the evidence and small amount of money involved.

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[rod_vw]

Try to spread your audience Rip Off Britain - Gloria and Co may love to get their teeth into this.

 

[Puddleduck]

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?

Am am under the impression that a company can NOT take away your statutory rights in their terms and conditions.

If you have legal cover as part of any of your insurance policies you can use it but it is easy enough to go to the small claims court yourself when you have a cut and dried case.

When I did this I sent the company a copy of all the documents I was going to present to the court both by Royal Mail guaranteed delivery and using a secure courier. I added these costs to the claim along with previous costs of sending letters etc.

If you represent yourself the judge will usually be helpful and guide you and take a dim view of any bully boy tactics by the defendant. You may also choose to use an advocate should you so wish.

 

[Puddleduck]

Try to spread your audience Rip Off Britain

But not if it is going to court. You need to go to court with "clean hands".

 

[Ray-Vic]

I could understand if it was a factory order and they now have a vehicle which is effectively custom built and potentially difficult to resell. However, I believe you said this was a stock item, meaning the deposit is nothing more than a holding deposit, not a special order deposit.

I would agree with others and simply see a solicitor, get them to write a letter notifying them of their error and suggesting legal action may commence. This may be enough to prevent the rigmarole of the small claims court.

 

[Lenny HB]

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.

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[Ray-Vic]

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?

All terms and conditions should be written in a way that they encompass any and all legislation, not in a way which they believe they can subvert it.

Sounds to me like they are trying to strong-arm you as you've been very tolerant and patient. They're wrong.

 

[Emmit]

I would make a claim, first get them to confirm in writing that they will not pay, and why, then see if trading standards can help. After that send a notice of intended prosecution and if that doesn't work a small claims court. Be absolutely sure that you are suing the correct company, with so many companies involved it's important to be sure who has your money, did you pay the branch or the head office?
By law a firm must display the name and address for service of legal papers,if you are not sure go to the dealer and demand to see it.

Good luck.

"notice of intended prosecution"
Love it!!!

You really mean, 'Letter before action' but we all know what you mean.

 

[Tombola]

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.

 

[Grianan]

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.

 

[Ray-Vic]

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

I believe you are absolutely right