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Subject Topic: NEC Caravan deposit refund
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PersonLlaniDavis
26/2/2016 at 5:39pm
 Location: Llanidloes Powys
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Quote: Originally posted by gaz44 on 26/2/2016Well just had a reply back from wandahome, short and sweet,No money back at all.
So my advice to anyone going to the nec this weekend, is if that's how they do there business, stay well clear.


See the earlier and relevant link from the Forum's legal expert, and the reply above.

THEY ARE BREAKING THE LAW IN ACTING LIKE THAT!!

I suggest you contact Trading Standards for where they are based and tell them, and also check your house insurance, as many of them offer free legal advice.


PersonMarshmallowqueen
26/2/2016 at 6:46pm
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Quote: Originally posted by Marshmallowqueen on 25/2/2016
In case you weren't aware, the law has changed since the original posting 6 years ago. If you need further advice can I suggest you contact the Citizens Advice Consumer Service on 03454 04 05 06 or your local bureau.   Hope they refund you the money.


Should have included following in my original post:

Calls to the number above will be handled by a team that will give you consumer advice. As a result, the trading standards team for where you live will be notified as well as the trading standards team for
where the trader is based.   The Citizens Advice Consumer Service now handle many trading standards enquires in the first instance. It will depend upon each local authority as to what happens next.


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Personmzzy
29/2/2016 at 3:42pm
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This brings back memories!
Glad I'm re-reading it, we'll be looking for a new camping unit, after living abroad for a couple of years. It's so easy to get carried away at those shows.
Hope you get your money back. We had a terrible, stressful time, worst thing was, the dealer never even ordered the van we put deposit on. Total con!

-------------
~*MZZY*~


Personcheckley1973
29/2/2016 at 11:02pm
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They cannot in law refuse your refund.

The new Consumer Rights Act provides you with 14 days from signing the contract to cancel without providing reason. You must do this in writing and send it recorded delivery. The burden of proof of cancellation is with you, the consumer.

There are very few products exempt from the 14 day cancellation period and caravans are not one of them.

They were trading from the NEC which is not their premises and therefore the contract you signed is an off premises contract. This is wh you have 14 days and you should confirm this in your cancellation letter. The retailer has 14 days from receipt of your letter to issue your refund, if they fail to I would go through small claims court, it's very inexpensive and will likely make them pay before you get there

Good luck, law is on your side.


Personiank01
01/3/2016 at 8:46am
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Either way the dealer should not have refused the refund as now they have bad publicity and the person with the issue probably will avoid dealing with them where possible.
BTW at the show in October there was a large sign by each entrance from the Solihull TS stating that deposits made at the show were not refundable as you were on the dealer's premises.
This would only apply if you were buying from a dealer's stand not if the dealer was operating off their own stand. I think Wandahome may have had their own stand. If so then CAB is best bet plus a lawyer's letter.


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PersonBrian#StAlbans#
01/3/2016 at 12:17pm
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Due to recent changes in the law each stand should have had a list of the dealers trading from that stand and every salesman had a badge with their company and the stand number.For the duration of the show the stand is deemed as an extension to the dealer premises.Most companies had a logo on their website saying "Also trading at" next to the show logo.

-------------
Brian (",)


Personiank01
01/3/2016 at 12:30pm
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Quote: Originally posted by Brian(StAlbans) on 01/3/2016
Due to recent changes in the law each stand should have had a list of the dealers trading from that stand and every salesman had a badge with their company and the stand number.For the duration of the show the stand is deemed as an extension to the dealer premises.Most companies had a logo on their website saying "Also trading at" next to the show logo.


Correct and I think it needs cae law to clarify exactly what are deemed as "temporary" premises as in this case it is less than 13 days a year.


Personcheckley1973
01/3/2016 at 3:22pm
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Quote: Originally posted by Brian(StAlbans) on 01/3/2016
Due to recent changes in the law each stand should have had a list of the dealers trading from that stand and every salesman had a badge with their company and the stand number.For the duration of the show the stand is deemed as an extension to the dealer premises.Most companies had a logo on their website saying "Also trading at" next to the show logo.


The new law isn't as clear as it could be however I wouldn't expect a court to see a stand at the NEC as an extension of their usual business premises. They are not based there for enough days for this to be deemed reasonable and fair. There is also no guarantee they will ever be there in the future as the show space is sold year by year. If they had booked the next 5 years then they could possibly argue their case.


Personiank01
05/3/2016 at 9:26am
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Couldn't find anything from the UK for it so expanded my search to the EU and found this:
http://ec.europa.eu/justice/consumer-marketing/files/crd_guidance_en.pdf

Recital 22 explains: 'Business premises should include premises in whatever form (such as shops, stalls or lorries) which serve as a permanent or usual place of business for the trader. Market stalls and fair stands should be treated as business premises if they fulfill this condition.

As explained in recital 22, 'business premises' means the trade's permanent or usual place of business in whatever form, including when used on a seasonal basis:
For example, contracts concluded with a trader at a market fair, which takes place regularly and lasts over a specified period of time, are likely to be onpremises
contracts.

In contrast, if the trader uses spaces accessible to the public, such as streets, shopping malls,beaches, sports facilities and public transport on an exceptional basis, i.e., once or occasionally and for a short duration in a given location, the contracts concluded with consumers are likely to be off-premises contracts.


It seems that Trade Fairs can be either on or off premises however twice a year for 6 days each time I would think off premises.



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