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20/4/2016 at 11:58pm
Location: Lichfield
Outfit: Coachman Amara 450
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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.
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21/4/2016 at 7:32am
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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
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21/4/2016 at 9:40am
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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.
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21/4/2016 at 10:55am
Location: Worcestershire
Outfit: Buccaneer Cruiser
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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!
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21/4/2016 at 11:18am
Location: None Entered
Outfit: Bailey Pursuit 540-5
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When did you pay? is there not a cooling off period on the deal you signed of 7 or 14 days?
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Sammymac
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21/4/2016 at 11:38am
Location: Worcestershire
Outfit: Buccaneer Cruiser
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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.
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21/4/2016 at 11:54am
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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.
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21/4/2016 at 5:26pm
Location: Lichfield
Outfit: Coachman Amara 450
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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.
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21/4/2016 at 8:11pm
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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
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Topic: NEC caravan order
