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Topic: Paid deposit but not happy to proceed
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19/2/2020 at 2:49pm
Location: None Entered Outfit: residential park home
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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.
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20/2/2020 at 8:10am
Location: Worcestershire Outfit: Buccaneer Cruiser
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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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