We placed an order for a new caravan (delivery due June/July) but due to a change of circumstances, have had to cancel the order. We have been told that we are not entitled to a refund of our deposit however, the dealer terms and conditions are not clear as it says that a deposit is non refundable as the caravan will be withdrawn from sale and treated as sold. Our caravan can’t physically be withdrawn from sale as it’s not been built. There is a separate part to their conditions for new vans which states that it is not possible to cancel the order within the final 60 days prior to expected delivery and that the dealer will be entitled to keep the deposit. I would appreciate any advice as it reads like we are entitled to a refund. Our cancellation is well outside the 60 days so does that mean that we are entitled to a refund of our deposit. Thanks
Right to cancel order of new caravan
- Thread starter mcphillips16
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- Jun 16, 2020
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Try asking the CAB, or do you have any legal cover? Seems to me you may have a case. Are the dealers living up to their part of the contract re delivery and price?
I all else fails and the dealer ‘wins’. In the present economic environment, you could well have an assessment worth a couple of grand more than you are paying. So room to manoeuvre there.
I think most dealers might say that they would transfer if they got a new buyer.
John
I all else fails and the dealer ‘wins’. In the present economic environment, you could well have an assessment worth a couple of grand more than you are paying. So room to manoeuvre there.
I think most dealers might say that they would transfer if they got a new buyer.
John
- Mar 14, 2005
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Hello McPhilips.
Assuming the wording you have posted is exactly what is written in the T&C's, and that is the contract that you agreed to, then it seems under either set of conditions the dealer is entitled to retain the deposit, as you are the party that for whatever reason is breaking the contract.
I'm sorry but I don't think you have any right to expect a full refund. You could try negotiating for a partial refund, on the basis that the dealer has not incurred all the expenses of receiving the caravan yet.
You would be wise to seek a review with the CAB.
Assuming the wording you have posted is exactly what is written in the T&C's, and that is the contract that you agreed to, then it seems under either set of conditions the dealer is entitled to retain the deposit, as you are the party that for whatever reason is breaking the contract.
I'm sorry but I don't think you have any right to expect a full refund. You could try negotiating for a partial refund, on the basis that the dealer has not incurred all the expenses of receiving the caravan yet.
You would be wise to seek a review with the CAB.
I asked the same question when buying our new van the dealer told me the £2000 i put down was not a deposit but part payment when i signed i was told it was none returnable as the caravan was taken off sale and nobody else could buy it as i was given the vin number to the van
- Jun 16, 2020
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This is far from clear cut. Reading this from page 38. Would suggest withholding a deposit, particularly if its a substantial deposit. May be judged as unfair.
If it were me, I would study these terms carefully, as well as speaking to CAB. I would then respectfully contest the dealers terms and suggest how you would legally fight your corner. A solicitors letter may be a worthwhile expense. As well as making the treatment known. At the same time I would suggest that the cancellation of the order would likely mean a profit to the dealer. Therefore a win win.
The dealer may realise that complying will be the easiest and most sensible way forward. Even if they are legally correct.
John
If it were me, I would study these terms carefully, as well as speaking to CAB. I would then respectfully contest the dealers terms and suggest how you would legally fight your corner. A solicitors letter may be a worthwhile expense. As well as making the treatment known. At the same time I would suggest that the cancellation of the order would likely mean a profit to the dealer. Therefore a win win.
The dealer may realise that complying will be the easiest and most sensible way forward. Even if they are legally correct.
John
- Mar 14, 2005
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I must admit I do wonder what costs the dealer will have incurred to cancel the order at this stage in the proceedings.
Even if the caravan is delivered to the dealer under the present caravanning fever I doubt it will stay unsold for long, so in reality I doubt whether their real costs exceed £300.
Even if the caravan is delivered to the dealer under the present caravanning fever I doubt it will stay unsold for long, so in reality I doubt whether their real costs exceed £300.
- Nov 16, 2015
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I am not so sure, I have noticed that the caravan Dealers around us are filling up with caravans aged from 2014 to 2018.
- Jun 16, 2020
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I would venture they could recoup that a few times by qazumping the selling price.
John
- Nov 11, 2009
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However I don't think the dealer cannot profit from the deposit and the OP can ask for a breakdown on admin costs regarding the deposit. Basically when they charge the next person a deposit they are profiteering or in essence charging twice for the same commodity.
I feel fairly certain that there is legislation regarding this and legislation over rides T&Cs in many contracts even if the OP has signed.
CAB would be best for advice or even CAMC if they are members.
This link may help, but have a look at other sections and see if there is any help for the OP. https://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made
- Jun 16, 2020
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Nice link, which initially reads the OP should get everything he paid back. However I think it needs to be read in context, clicking on the back button in the link it seems that it is for contracts cancelled under regulation #29, I have not investigated #29. It might be for the cooling off period which the OP has exceeded.
John
- Jul 18, 2017
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I an unsure as never had to use it. I was hoping the Prof could advise. I feel fairly certain that they are entitled to a refund less a reasonable admin charge and they cna aske for a breakdown of that admin charge to make sure that they are not being ripped off.
- Mar 14, 2005
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A fundamental difference the OP has ordered a new caravan, and based on reports on this forum sales are very healthy. Its unlikely a brand new caravan would be on teh fore court for very long.
It is amazing how many people fail to realize that when they sign a purchase order it is a legally binding contract, and there can be costs if you fail to complete the transaction.
However when any deposit exceeds the real cost of administering the transaction, its questionable if a sellers policy of retaining the whole deposit is fair or reasonable.
- Mar 14, 2005
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As I posted, I don't know, which is why I also suggested consulting with the CAB.
- Nov 16, 2015
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In 2010, when we bought a, new, Coachman 545 VIP, we were told that the caravan had £1000 removed from the price, as it had been ordered, and deposit of £1000, paid. Unfortunatley the person had to pull out of the purchase, and he did not get a refund. We were very happy, but I feel sorry for the person that ordered the caravan.
- Jun 16, 2020
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I am always sceptical re sales techniques. And that MAY have been what happened in your case. Perhaps.
John
I was given the vin number but the delivery date was pushed back about 4 weeks bailey say's they were waiting on a few parts being delivered phoned me up yesterday pick it up tuesday after they'v done a pdi
- Nov 16, 2015
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Maybe, but when I said I didn't want the Powertouch Motor mover, as i would fit my own he dropped the price for that to £300,
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I don't think the VIN is either here nor there. But not providing a delivery date is strange. Understandable though, particularly at this time.
I forget how my agreement was worded in 2015 but I was certainly given a date. But surely there has to be some time limits to work between. Both between yourself and the dealer and between the dealer and the manufacturer. After all nothing lasts forever.
Question. If the caravan arrived say 1 year after expected, would the price be held to that agreed?
It would appear, on the face of it, that this contract is written very much in favour of the dealer.
Although I would have done it anyway. The salesman, who was also a director, actually advised me to pay the deposit by credit card. That gave me confidence.
John
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