Still renting after I paid my deposit (1 Viewer)

Shianne47

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I lost a down payment of £2500 on ex fleet 2020 mh because I had to back out due to unforeseen financial problems. I was pretty stupid. I went to buy a mh with Justgo I only viewed it once didn’t take reg number. Was told others were coming to view so thought I better make down payment When I went back it didn’t seem like same mh and they all looked the same, there was marks on table, cupboard sticking and spice rack worn. They said they were still hiring out after my payment till I was able to collect it a month later is that legal? They said they take the money for getting the van ready for sale and paperwork, however if the van is still being hired out for £1000 a week how is this possible? I backed out only two weeks into the sale. I have asked for my payment back but they won’t budge. So my advice use due diligence. Make sure you take reg number. Check out the interior/exterio properly. Don’t make the same error as me. Good luck!

NB, Note from Jim

This was posted on my profile, I'm assuming it was for the open forum. I will post it here and then reassign the author as the poster
 

Janine

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zac

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Isn't this on another thread?
From the looks of it the moderator posted it (jim) not shianne47

ie

NB, Note from Jim

This was posted on my profile, I'm assuming it was for the open forum. I will post it here and then reassign the author as the poster
 

Janine

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From the looks of it the moderator posted it (jim) not shianne47

ie

NB, Note from Jim

This was posted on my profile, I'm assuming it was for the open forum. I will post it here and then reassign the author as the poster
Just showing out that there are already replies to the OP’s comments 😀

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Nov 5, 2013
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Before venturing near any ex hire vans can I suggest you read this thread,I know they are not the same people in charge but it does sound very familiar.

 

Nanniemate

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Still dropping clangers and making it up as I go along
Check to see if you have legal cover on your home insurance give them a call you never know the threat of legal proceeding may be sufficient to get your cash back. Don't give up if you are going to walk away easily they are laughing all that free cash I think you may even find it is an unfair contract what paperwork did you sign when paying the deposit was it on any sort of Card get in touch with them be a BLOODY PEST cause them work interfere with the day to day business keep their telephone tied up no call no business withhold your number use different phones don't let them know it you until its too late ....Good luck
 

Blue Knight

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I lost a down payment of £2500 on ex fleet 2020 mh because I had to back out due to unforeseen financial problems. I was pretty stupid. I went to buy a mh with Justgo I only viewed it once didn’t take reg number. Was told others were coming to view so thought I better make down payment When I went back it didn’t seem like same mh and they all looked the same, there was marks on table, cupboard sticking and spice rack worn. They said they were still hiring out after my payment till I was able to collect it a month later is that legal? They said they take the money for getting the van ready for sale and paperwork, however if the van is still being hired out for £1000 a week how is this possible? I backed out only two weeks into the sale. I have asked for my payment back but they won’t budge. So my advice use due diligence. Make sure you take reg number. Check out the interior/exterio properly. Don’t make the same error as me. Good luck!

Sorry to hear of your dreadful circumstances.

Did you sign some form of contract? If so, are you able to divulge the T&Cs as some of us may be able to look at the fineprint.

Regards,

Andrew

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Jun 12, 2016
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Why do people think deposits should be refundable?
While I have some sympathies for the OP s predicament if you pay a deposit to purchase an item ýour are undertaking to buy it
If you change your mind you have to be prepared to loose that deposit
Lots of company's will at least partly refund deposits but that's up to them
If the van is not the one they agreed to buy that's different but the OP is not sure
 
Feb 27, 2011
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I lost a down payment of £2500 on ex fleet 2020 mh because I had to back out due to unforeseen financial problems. I was pretty stupid. I went to buy a mh with Justgo I only viewed it once didn’t take reg number. Was told others were coming to view so thought I better make down payment When I went back it didn’t seem like same mh and they all looked the same, there was marks on table, cupboard sticking and spice rack worn. They said they were still hiring out after my payment till I was able to collect it a month later is that legal? They said they take the money for getting the van ready for sale and paperwork, however if the van is still being hired out for £1000 a week how is this possible? I backed out only two weeks into the sale. I have asked for my payment back but they won’t budge. So my advice use due diligence. Make sure you take reg number. Check out the interior/exterio properly. Don’t make the same error as me. Good luck!
Worth reading these.


And from the Governments site directly.

Seems to me that this is an unfair contract term and would be overthrown by a small claims court.

The business continued to earn revenue on the van after you placed the deposit.
The business is able to sell the van for the same price.

Their losses are practically none existent.

A reasonable fee of say £25 or even £50 to cover the hassle would seem reasonable to me.

I would suggest talking to a local solicitor, a lot do free surgeries when you can get 5 minutes or so for them to have a quick look and give initial advice.

I suspect, the small claims court would be the direct route after giving the company enough notice and making clear what your next steps would be and on what grounds.

Please NOTE: I am not a Lawyer, but have been through small claims court a few times on both sides of the fence. As a representative of a company, the court was very much on the customers side and nailed me pretty hard. My boss was a tight twat and sent me do handle them.
I learned a valuable lesson from that, which I used gratefully when I started my own company later. Give the customer the refund immediately they ask and only ever deduct JUST the base amount you need to cover your real expenses not any made up ones.
 
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i wouldnt be happy paying my deposit and then the dealer leaving the door unlocked and the public having access to walk in and tug and poke and mess with my motorhome on a dealership showroom, so how can the rental service think its ok to take your deposit and then rent it out to a family to actually drive off on holiday covering more miles and more wear and tear, so i think op should get her money back in those circumstances, but i know if your financial circumstances change and you cant get the finance to buy then your deposit will probably be lost (sometimes theres a 14 day breather ) but not for everything (i know package holidays dont have a 14 day breather period) sorry about predicament regards pampam

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MisterB

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enough to know i shouldnt touch things i know nothing about ....
Surely the registration number and vin number of the used vehicle being bought were on the contract that was signed, when the deposit was paid, including mileage and any 'terms' of sale?
 

Lenny HB

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Why do people think deposits should be refundable?
That is why a deposit should be an amount you can afford to lose, £2500 is far too high I've only ever put a £1000 down on new vans.

This case is different the company should have never hired out the van once they had taken a deposit on it.
 
Dec 2, 2019
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Just Go seem to say that they would be preparing the vehicle for sale prior to handover so it would be at this point that the buyer could query the condition of the various fixtures and fittings. Their fleet is about 300 vans which change every couple of years so I'm not to surprised that the actual van isn't agreed until final handover unless specifically agreed when the deposit was paid.

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Jun 12, 2016
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That is why a deposit should be an amount you can afford to lose, £2500 is far too high I've only ever put a £1000 down on new vans.

This case is different the company should have never hired out the van once they had taken a deposit on it.
Don't disagree with that
Just wonder what was in the contract
Was van to be available at end of its hire period
Hassle for the OP whatever and shouldn't be what a buying experience should have been
 

Tombola

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Its all guesswork unless we / you get your hands on the t&cs
Id bet a pound to a pinch of dog sh** that in the terms it says
"once any deposit is paid, we reserve the right to hire the vehicle for reward to previous or new bookings until such a time as the proposed purchaser pays for the vehicle in full"

this is the thing with T&Cs you can do pretty ,uch anything and if you signed to be bound by them without your goosed.

Get a solicitor to have look, but first to ave yoruself time dig out the t&cs
 
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Their fleet is about 300 vans which change every couple of years ....
300 vans! o_O

Unless the 'carrying on hiring' clause has been introduced due to the pandemic rush to buy motorhomes it would seem that there has always been a sufficiently large market of buyers who are happy with that arrangement.
However, I would hope that the law allows for refund if the m/h offered finally isn't in the same acceptable condition as the one viewed initially then the deposit would be refundable. Proving the unacceptable condition vs the originally viewed one might be difficult.

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Feb 5, 2014
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I've looked at some vans on JustGo website and, apart from them all being shown in their garish logos, I note that the pictures are generic with photos of twin beds for vans advertised with island beds and that the description includes phrases such as "new, 25000 miles", and "only one left".

Not for me - Gordon
 
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Straying a bit from the thread I wouldn't rule out buying an ex hire van i would want to check it over very carefully
I don't think most will have been trashed as such
The issues are that they will have had inexperienced drivers and users in them.
If they are priced accordingly all well and good but they are not the same as a two year one owner van for the most part
 

Nanniemate

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Still dropping clangers and making it up as I go along
I was looking at a car once with mother in tow for the ride.in a car supermarkets place .told salesman what I wanted engine type size etc not bother about the colour it's a tool of work. A to be reasonably cheap and comfortable. Shows some me one or two girly cars no thank it's for work 4 door decent boot. He then got very ex cited say got perfect one owner. OK let's look. At the time a had a company car fleet hire. Takes me over nice white focus the bigger model.starts the big sell only just in.I had not doubt. Love clean.big boot only one owner. So asked to see the doutside for confirmation. Could do that he was not allowed in the office.don't go get them brought out.not policy.my old mum was looking at me rather strangely until I explained that the brand new fleet car parked outside was from a car hire.company i had had it a month because the loan car I had was knackered and was being disposed of.guests what one owner car he was trying to sellanelli me.the look on his face when I said it was a lease car was classic.especially when I added I had been driving until just over a week before.😅😅😅😅😅
Straying a bit from the thread I wouldn't rule out buying an ex hire van i would want to check it over very carefully
I don't think most will have been trashed as such
The issues are that they will have had inexperienced drivers and users in them.
If they are priced accordingly all well and good but they are not the same as a two year one owner van for the most part
,

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