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Subject Topic: Paid deposit but not happy to proceed
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via mobile 18/2/2020 at 7:27pm
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Hi all, we recently viewed a static on a good site, went away and gave it some thought then decided to go for it.
The site manager asked for 3k deposit to hold it but we had not seen the contract or agreed to any conditions.
I asked if we weren't happy with the contract and site licence what would happen and he said you will get your deposit back.
This was 2 weeks ago and I received the documentation through email last week.
I saw that the fee to sell through them was 15% plus vat, it said that you can sell privately but when I asked how much it was still 15% plus vat.
I am also concerned about the huge depreciation that I am now aware of and how long it can take to sell. Added to that my OH has been advised that his job may be relocated in the next 18 months which means we may well only have this place for a very short period now so the long term dream if a holiday home could turn into a money pit if we need to sell quickly.
I explained my concerns to the site manager, we haven't signed the contract yet, but he said that the deposit is non refundable.
I accept that they may have admin charges etc but can they keep all of it? We were given nothing in writing at the time and the deposit was made over the phone.
The more I read on these sites the more wary it makes me.
Thanks in advance.


18/2/2020 at 8:37pm
 Location: East Herts
 Outfit: 1992 Elddis Wisp 450CT + X Trail
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I think you had better seek legal advice. As I understand it the 15% selling fee is fairly normal practice even though I don't much like it. Personally I would get out while you can and take advice about getting that deposit back. Static caravans in this country are a very good way of losing a lot of money very quickly if you aren't careful. Don't get me wrong, I like static caravans, and I have holidayed in them in the past, but the only way I would do it again is to rent one by the week.


-------------
Best Regards,
Colin


via mobile 18/2/2020 at 8:56pm
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Thank you, I was a bit concerned having read this massive contract. Asking a few more questions and some not being answered just makes me nervous.
I contacted a specialist advisory service and was made aware of the huge depreciation that can be involved in trying to sell either through the site or just getting a trader in, given some figures and it's eye-watering if you need a quick sale which could well happen now.
I was told that if we weren't 100% sure then really think about it before you commit as you could be losing a huge amount of money.
When you have no contract to look at before you put a substantial deposit down and hope that you are happy with what you see. No mention of cooling off or t's and c's, not even a receipt until we received the contract.
Doesn't instill confidence. Also not happy that there is no cap on site fees which are annually reviewed. Just seems to be one sided or maybe we are just too new to this and wary. Am told this is industry standard but how do you know until you read the contract
Expensive lesson learned🤔


18/2/2020 at 10:37pm
 Location: East Herts
 Outfit: 1992 Elddis Wisp 450CT + X Trail
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You are absolutely right NickyZ, it is very one-sided. Site operators absolutely have you over a barrel and it seems that they can do virtually whatever they like, and there's little you can do about it. Amazes me that people just seem to accept it. They still keep buying them. A lot of sites have a 10 year rule and once your static reaches that age you have to remove it from the site. No other site will accept it, so it is virtually rendered worthless, and they will want to charge you for removing it from their site! It doesn't end there, as it will then cost you a substantial amount to scrap it, if you can find someone who will take it.

If you want to stay on one site I would buy a large touring caravan and go for a seasonal pitch. There are no such problems with them. No age limits, and you can take it away and sell it to whoever you like and keep all the money. If you can't tow a very large tourer yourself you can always hire someone to do it for you. You are not beholden to the site owner.



-------------
Best Regards,
Colin


19/2/2020 at 8:21am
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Take immediate legal advice and inform the company you want your money back.

as you paid over the phone, i understand there is a cooling off period, but you MUST take legal advice IMMEDIATELY

i agree with Colins comments re statics in the UK


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via mobile 19/2/2020 at 9:58am
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Thanks everyone


19/2/2020 at 1:31pm
 Location: Worcestershire
 Outfit: Buccaneer Cruiser
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I suggest you contact Which Legal Services for initial free consumer advice. As you paid over the phone and have not taken delivery, you may be okay, but legal advice is essential.


19/2/2020 at 2:49pm
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Quote: Originally posted by MisterB1959 on 19/2/2020
Take immediate legal advice and inform the company you want your money back.

as you paid over the phone, i understand there is a cooling off period, but you MUST take legal advice IMMEDIATELY

i agree with Colins comments re statics in the UK



Not sure if the distance selling regulations (i.e, the cooling off period) would apply in this case, as it was a deposit on a static and pitch that had been physically seen on the premises.
I believe that the legal situation is that unless stated otherwise a deposit against something you have seen and decided to purchase is non-refundable, as it is considered as your promise to purchase.
The real factor is that the salesman said the deposit was refundable if you changed your mind, and now they are reneging on this.
Although it is difficult to prove, a verbal promise is as binding as a written one.
Citizens advice, trading standards, Which or even your home insurance if you have a legal helpline can probably all advise you the best way to word a letter stating that as agreed you want your deposit back.
If they told you on the phone that the deposit would be refundable, then they may have a recording of this phone message.
All the terms that you dislike are standard to the industry and if you consider purchasing again, best will be to ask for a draft copy of the contract before handing over a deposit.


via mobile 20/2/2020 at 12:17am
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Thank you, knowing what I now know I would never consider this again.
You have more rights buying a used car and would probably get more money back with less hassle.


20/2/2020 at 8:10am
 Location: Worcestershire
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Quote: Originally posted by 22seaside on 19/2/2020
Quote: Originally posted by MisterB1959 on 19/2/2020
Take immediate legal advice and inform the company you want your money back.

as you paid over the phone, i understand there is a cooling off period, but you MUST take legal advice IMMEDIATELY

i agree with Colins comments re statics in the UK



Not sure if the distance selling regulations (i.e, the cooling off period) would apply in this case, as it was a deposit on a static and pitch that had been physically seen on the premises.
I believe that the legal situation is that unless stated otherwise a deposit against something you have seen and decided to purchase is non-refundable, as it is considered as your promise to purchase.
The real factor is that the salesman said the deposit was refundable if you changed your mind, and now they are reneging on this.
Although it is difficult to prove, a verbal promise is as binding as a written one.
Citizens advice, trading standards, Which or even your home insurance if you have a legal helpline can probably all advise you the best way to word a letter stating that as agreed you want your deposit back.
If they told you on the phone that the deposit would be refundable, then they may have a recording of this phone message.
All the terms that you dislike are standard to the industry and if you consider purchasing again, best will be to ask for a draft copy of the contract before handing over a deposit.




A correction on your above post. Distance selling regulations no longer apply as you are covered by Consumer Rights Act 2015. Any payment made away from the dealer's premises may give you extra protection and it does not matter if you have viewed the item or not.


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20/2/2020 at 8:59am
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The consumer rights act gives an automatic "cooling off" period of a minimum 14 days if your purchase over the phone something you have NOT seen in person. It may not apply even then for items that are bespoke or made to measure.
The salesman said that the deposit was refundable, so it should be refunded, otherwise it is misrepresentation.
Usually a carefully worded letter, especially if it quotes the relevant section of consumer law, gets the desired result.


via mobile 20/2/2020 at 6:45pm
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The law seems to be all over the place but it seems unfair that they don't show you the contract ( which I am told is industry standard) before you hand over a large deposit.
I initially received no receipt or acknowledgement of that until this contract arrived via email about 4 days later.
I read it and took some advice about depreciation and fees should we need to sell in the near future and in view of the uncertainty of my other half's job now we decided it was not what we wanted to commit to financially knowing the full facts.
There are sections in there about selling privately where the park owners have to agree to who you sell it too plus you still have to pay them a huge commission (I had to prizethat one out of them as not on the contract.
They are now saying I will lose all of the deposit (3k), as the owners have moved all their stuff out. They are still selling it so I don't see that as a valid point.
I am more than happy for them to keep a percentage to cover the cost of the admin etc and inconvenience to the sellers but I think it's a bit excessive to take 3k.
I will take legal advice though, thanks everyone.


via mobile 20/2/2020 at 7:05pm
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Another consideration is that it cannot be rented out (which we were aware of) but would help if we weren't able to use it to to us having to relocate jobs.
Meanwhile if you have to sell you have few choices
Ask them to sell it for you (if they agree) you are dependent on them showing people around, there were some vans advertised on their site which we asked about but told that we weren't shown due to being not a good pitch or not the same standard. So they choose what they show you. Commission 15% plus vat.
Sell it to them directly (if they want it) a valuation site quoted me 20k now as it stands so that's 15k loss immediately.
Sell privately, you advertise and arrange things but we live 5 hrs way so that's not viable. The site still have to agree to the sale and you still pay the same commission 15% plus vat.
Sell it to a trader, again given a valuation by an advice centre of 10k. Presumably disconnection charges which I asked the salesman for and he hasn't replied.
Had I known all this I would never have gone ahead with the deposit.


21/2/2020 at 7:49am
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I would not allow them any administration fee at all.

Never, ever hand over a deposit without seeing and reading the contract.

Contact them immediately, in writing requesting the return of your full deposit stating that, having read the contract you no longer wish to proceed with the purchase.

Don't delay.

Let us know how you get on.



21/2/2020 at 9:15am
 Location: Worcestershire
 Outfit: Buccaneer Cruiser
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Quote: Originally posted by 22seaside on 20/2/2020
The consumer rights act gives an automatic "cooling off" period of a minimum 14 days if your purchase over the phone something you have NOT seen in person. It may not apply even then for items that are bespoke or made to measure.
The salesman said that the deposit was refundable, so it should be refunded, otherwise it is misrepresentation.
Usually a carefully worded letter, especially if it quotes the relevant section of consumer law, gets the desired result.



May I suggest you spend a bit of time reading this.


via mobile 22/2/2020 at 5:26pm
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Thanks everyone for your thoughts and advice so far.
Well, when we spoke to the salesman last Wednesday to say we didn't want to proceed, having not signed the contract and given the reasons for not doing so, he said that he needed to speak to a few people including the manager who was at the NEC until Friday.
He said he would come back to us by phone on Friday (yesterday) to discuss further, which he hasn't.
We also emailed them in Thursday confirming in writing that we no longer wished to proceed following our conversation and would await his call on Friday to discuss the situation re deposit.
No acknowledgement of the email and no phonecalls as promised.
Do we leave it till Monday?. Everything seems to be stalling tactics, can they just keep the whole deposit and not acknowledge emails or return calls?



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