Home Log in or Register

Message Forums

Welcome Guest

Reception - All Forums

Caravans and Caravanning

Topic: NEC caravan order

dinkey

20/4/2016 at 11:38pm
Location: None Entered
Outfit: None Entered

View Profile

Quote

Joined: 16/6/2010

Standard Member

Forum Posts: 14
Tent Reviews: 3

Site Reviews Total:	7

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

Whilst driving home from the NEC in February I received several phone calls and messages from a local dealership who had given us a price on a Bailey. We had spoken to him previously at his dealership. He was actually on the manufacturers Swift stand.
To cut a long story short he was pressuring me to place a deposit as if he didn't order the Bailey at the NEC I wouldn't get the NEC price and lose a place on the last build April/May. I eventually relented and gave him a £500 deposit on my debit card. Glad it wasn't the £1000 he had requested. We were told to call in the dealership the following Saturday to sign the paperwork   .
To cut a long story short the April/May build he told us was fiction. Bailey had told other dealerships that the Pursuits weren't scheduled until June. This he omitted to tell us. When we noticed May/June on our contract and queried it we were fobbed off with the van will be defiantly available for May but its just in case collection spilled into early June.
However, a dealership from the NEC called chasing business, he said I wont get it until end June as all dealerships knew this at the NEC. I called Teesside Caravans and he said he'd check and rang and said the van would be available end May. After reading of delays I rang Bailey who then said 6th June is the first build for orders placed at the NEC. I rang the salesman without letting on I knew he said build delayed until 23rd May. When I said that I had rang Bailey and wanted a refund he quickly reacted by giving the file to his Manager. I have since asked for a refund of monies as feel I have been misled. They are refusing as saying that I signed the contract with May/June on it and they also have a leeway of 28 days after the 30th June to provide the goods. This would be July.
The reply to my letter is refusing the deposit and also blaming me for breach of contract.
How do I stand?

Post last edited on 20/04/2016 23:47:27

tango55

20/4/2016 at 11:58pm
Location: Lichfield
Outfit: Coachman Amara 450

View Profile

Quote

Joined: 15/5/2008

Diamond Member

Forum Posts: 9587

Site Reviews Total:	23

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	3
Site Reviews 2021:	1
Site Reviews 2020:	0
Site Reviews 2019:	4
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	11
Site Nights 2021:	3
Site Nights 2020:	0
Site Nights 2019:	24
Site Nights 2018:	0

You must have had a copy of the signed deal at the NEC so have a look at the related details and the date confirmed as to when the caravan was supposed to be delivered. Whatever is in written in the agreement that you personally signed for is the agreed contract so you need to observe the details carefully before any further action is taken such as requesting any refund etc.

Discounted Insurance Quotes for UKCampsite.co.uk visitors! Up to 12.5% off!

UKCampsite.co.uk users are rewarded with up to 12.5% off Caravan Guard touring caravan insurance, folding camper and trailer tent insurance, and 5% off motorhome and campervan insurance. Static caravan insurance is also available. Get an online quote now

dinkey

21/4/2016 at 7:23am
Location: None Entered
Outfit: None Entered

View Profile

Quote

Joined: 16/6/2010

Standard Member

Forum Posts: 14
Tent Reviews: 3

Site Reviews Total:	7

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

Didn't pay at NEC as we had returned home, paid deposit over the phone to the salesman at the NEC. Who is denying that he knew the build date was June told us it was May. He knew dam well it wouldnt be built until June and that's why he put delivery May/June on paperwork. But that also covers him until end of July! He knew I wanted it by the end of May.

Opensauce

21/4/2016 at 7:32am
Location:
Outfit:

View Profile

Quote

Joined: 25/1/2010

Diamond Member

Forum Posts: 4530

Site Reviews Total:	13

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

You are only entitled to a deposit refund if dealer cannot/does not fulfill what is written on the paperwork. If it states May/June & delivery is not achieved by June then you are entitled to a deposit refund. Probably on back of sales receipt is whole page of t&c's so as you say they have covered themselves until July.

Any verbal promises made by salesman cannot really be proved which is why everything needs to be in writing. Presumably though if it's the caravan you want for the next few yrs it's worth waiting the extra 2mnths if necessary?

Post last edited on 21/04/2016 07:42:36

dinkey

21/4/2016 at 7:53am
Location: None Entered
Outfit: None Entered

View Profile

Quote

Joined: 16/6/2010

Standard Member

Forum Posts: 14
Tent Reviews: 3

Site Reviews Total:	7

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

Kept text messages from him saying April/May. Calling EE to see if they can retrieve voice mail messages.

Opensauce

21/4/2016 at 9:40am
Location:
Outfit:

View Profile

Quote

Joined: 25/1/2010

Diamond Member

Forum Posts: 4530

Site Reviews Total:	13

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

I'm not sure what is going on here? If it's the caravan you want then surely it's worth the wait? It's only a few weeks. Or have you changed your mind about the actual caravan & want out of the deal? In that case read the t&c's carefully. If there is nothing to say they have any 'leeway' on promised delivery times then if it is written on sales receipt May/June delivery & caravan has not arrived by end of June then you are entitled to a deposit refund as they have not completed the deal, otherwise you will have to lose the £500.

iank01

21/4/2016 at 10:55am
Location: Worcestershire
Outfit: Buccaneer Cruiser

View Profile

Quote

Joined: 30/6/2004

Diamond Member

Forum Posts: 4061

Site Reviews Total:	5

Site Reviews 2024:	1
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	1
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	5
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	10
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

If you paid over the phone then you can cancel prior to delivery according to the Consumer Rights Act which covers the Distance Selling Regulations however contact your nearest CAB office for confirmation.
You can always use a solicitor and charge the supplier for costs. At least that way they will not pull the same stunt again!

sammymac

21/4/2016 at 11:18am
Location: None Entered
Outfit: Bailey Pursuit 540-5

View Profile

Quote

Joined: 09/8/2013

Gold Member

Forum Posts: 257

Site Reviews Total:	3

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

When did you pay? is there not a cooling off period on the deal you signed of 7 or 14 days?

-------------
Sammymac

iank01

21/4/2016 at 11:38am
Location: Worcestershire
Outfit: Buccaneer Cruiser

View Profile

Quote

Joined: 30/6/2004

Diamond Member

Forum Posts: 4061

Site Reviews Total:	5

Site Reviews 2024:	1
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	1
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	5
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	10
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

Quote: Originally posted by sammymac on 21/4/2016
When did you pay? is there not a cooling off period on the deal you signed of 7 or 14 days?

As said it was paid over the phone and as per the regulations, you can cancel any time prior to deliver. The NEC show was in Feb so I would imagine it has been awhile since they paid the deposit.

Opensauce

21/4/2016 at 11:54am
Location:
Outfit:

View Profile

Quote

Joined: 25/1/2010

Diamond Member

Forum Posts: 4530

Site Reviews Total:	13

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

Consumer Contracts Regulations replaced Distance Selling Regulations in June 2014. Agreement must be on paper or printed email so probably waste of time trying to recover texts or voicemail. Right to cancel only for 14days. Op's only recourse for refund of deposit is that if caravan is not delivered by end of June as stated in writing.

tango55

21/4/2016 at 5:26pm
Location: Lichfield
Outfit: Coachman Amara 450

View Profile

Quote

Joined: 15/5/2008

Diamond Member

Forum Posts: 9587

Site Reviews Total:	23

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	3
Site Reviews 2021:	1
Site Reviews 2020:	0
Site Reviews 2019:	4
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	11
Site Nights 2021:	3
Site Nights 2020:	0
Site Nights 2019:	24
Site Nights 2018:	0

From the OP's replies it sounds very much like they don't have any confirmation in writing and if this is the case then no legal action can be taken as there is no proof of any purchase. Text messages and phone calls are not proof, only letters and e-mails which can be printed off as evidence.
Even if you took the dealer to a small claims court, the judge would want some evidence of the sale agreement otherwise the case would simply be dismissed.

dinkey

21/4/2016 at 6:36pm
Location: None Entered
Outfit: None Entered

View Profile

Quote

Joined: 16/6/2010

Standard Member

Forum Posts: 14
Tent Reviews: 3

Site Reviews Total:	7

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	0

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	0

Deposit paid over phone while salesman in NEC confirming April/May build. But craftily asked us to go to the dealership to sign paperwork. This is where we were stung. The dealer never admitted that he had been told build not until June. He knew we wouldn't accept it as we could of ordered an Elddis at NEC which was available April but plumbed for the Pursuit. The moral of the story is never trust a salesman and read contracts word for word. An expensive learning curve.
We have cancelled order with them and purchased a Pursuit from another dealer picking up next w/e.

romany

21/4/2016 at 8:11pm
Location:
Outfit:

View Profile

Quote

Joined: 28/4/2003

Diamond Member

Forum Posts: 7379

Site Reviews Total:	7

Site Reviews 2024:	0
Site Reviews 2023:	0
Site Reviews 2022:	0
Site Reviews 2021:	0
Site Reviews 2020:	0
Site Reviews 2019:	0
Site Reviews 2018:	1

Site Nights 2024:	0
Site Nights 2023:	0
Site Nights 2022:	0
Site Nights 2021:	0
Site Nights 2020:	0
Site Nights 2019:	0
Site Nights 2018:	1

which is why I have paid a £500 deposit by credit card but have signed nothing.I have proved my intent by giving them a deposit if they fail on delivery date which is looking highly likely and they try not to repay me I will simply tell card company we are in dispute and get it back that way

In order to post a reply you will need to register, or if already registered please log in here

Prev Next
Quick Links - All Forums - Caravans and Caravanning - Top of Page

Printable version

Latest News, Discounts and Competitions see all...

11013 Visitors online !

Free UKCampsite.co.uk Window Sticker - Recommend to Friend - Add a Missing Campsite

[Message Forums] [Caravan Sites & Camping] [Company Listings] [Features / Advice] [Virtual Brochure] [Shop!]
[Reception] [Competitions] [Caravans & Motorhomes For Sale] [Event Diary] [Contact Us] [Tent Reviews]

Please note we are not responsible for the content of external sites & any reviews represent the author's personal view only. Please report any error here. You may view our privacy and cookie policy and terms and conditions here. All copyrights & other intellectual property rights in the design and content of this web site are reserved to the UKCampsite.co.uk © 1999 - 2024

UKCampsite.co.uk
2024 Advent Calendar

24 Daily Prizes PLUS a Christmas Day Star Prize worth £999

Request a Reminder