Supplier cancel an order for no valid reason!

[Surfer]

In October 2015 we ordered a new Buccaneer Cruiser caravan and paid a deposit of £1000. The caravan is due to delivery within the next few days. We chose this caravan as it is wider and has self levelling making it easier for me as I have rheumatoid arthritis and therefore mobility problems.

Between the time we paid the deposit and now we raise a few issues about the rear panels on these caravans as there was an issue with some developing cracks. The caravan is advertised with a 10 year water ingress warranty and one would assume that this covers the outside panels however on reading the owner's manual which can be obtained online I found out that the panels only had a 1 year warranty.

I emailed the dealer on a few occasions with our concerns about the rear panel and they replied and gave us re-assurance and I left it at that however on Saturday someone went to take delivery of their 2016 Cruiser and found crazing on the rear panel. I raised this with the dealer as we were have 2 units fitted onto the caravan and requested if we could view the caravan when it was delivered and before they did any fitments to the caravan.

This was their response;

Martyn is on holiday at the moment and won’t be back for a few weeks .I have just been looking through your email with the concerns you have with the buccaneer cruiser 2016. I then started to look though the rest of the emails you have sent us over the past few months. You have great concerns with the caravan . On a personal level ,this occasion we feel this would cause you a great deal of stress to yourself and the company if a problem was to happen in the future with the buccaneer cruiser. with this in mind on this occasion I obliged to return your deposit and cancel your order. we feel this is the best course of action for you .can you please call us to return your deposit asap .

Can they cancel the order and issue a refund bearing in mind that they have had our deposit for 5 months plus I have had to paid £425 for the satellite dome on our current caravan to be transferred and another £99 deposit for a Paintseal treatment? The money for the dome has been refunded. The wife is absolutely livid as she has been looking forward to us taking delivery of the caravan.
We have ordered the same caravan from another dealer however the trade in value on our current caravan is less now as several months older plus the APR is 1% more so we suffer financially. I have read and re-read their T & Cs and nothing in about them cancelling, but if I cancelled all sorts of penalties would have kicked into place. Can we claim the difference from them as we are financially worse off because they cancelled without a valid reason?

[Surfer]

Re: Supplier cancel an order for no valid reason!

I was really hoping that someone would be able to advise on the legal situation for the above?

[R0b]

Re: Supplier cancel an order for no valid reason!

Yes you could, plus interest for when you paid the units/deposit, possibly some additional compensation for the breach but thats up to the court.

I've tagged [MENTION=39710]des8[/MENTION] to help, but if not i'll try and respond when I can

[des8]

Re: Supplier cancel an order for no valid reason!

Hi, just come in.

could you post up a copy of your order, showing all t&c's please.
Remove all identifying details first.

[Surfer]

Re: Supplier cancel an order for no valid reason!

Hi, just come in.

could you post up a copy of your order, showing all t&c's please.
Remove all identifying details first.

This was the contract signed at the NEC Camping and Caravan show in October 2015. We then went to the dealer's place of business about 2 - 3 days later and decided on an alternate model same brand etc costing the same. This was agreed by the dealership in writing and by email and I have the emails where they agree to change from the Caravel to the Cruiser model and also the email where I request an upgrade to the upholstery. This was to be paid separately on delivery of the caravan. I also have copies of the emails where I was seeking reassurance regarding g the panels on the caravan.

[nemesis45]

Re: Supplier cancel an order for no valid reason!

According to the order form you have not been charged for transferring the air con, clearly says FOC.

nem

[Surfer]

Re: Supplier cancel an order for no valid reason!

According to the order form you have not been charged for transferring the air con, clearly says FOC.

nem

The issue is with the order for the caravan and nothing to do with air con or satellite dome. The new dealer is doing it FOC also so that do not come into the equation anyway. That order included a brand new motor mover FOC as part of the deal. We are transferring our current motor mover across and this is being done FOC however we lose because the warranty is a lot shorter than having a new mover.
The trade in price on that order for the caravan is £1200 higher than our current deal with the new supplier plus APR is 7.9% and not 6.9%. Basically due to the order being cancelled we are losing lost £2814 including the motor mover at £1450 or £1365 if the mover is not taken into account. The latter includes interest difference.
However the big issue for me is that we were hoping to go to France with the new caravan which is wider and has automatic levelling. This is a big plus for me as I have mobility issues and the wider caravan would have made life a bit easier on the trip. We are still going to France with our current caravan.

[nemesis45]

Re: Supplier cancel an order for no valid reason!

The issue is with the order for the caravan and nothing to do with air con or satellite dome. The new dealer is doing it FOC also so that do not come into the equation anyway. That order included a brand new motor mover FOC as part of the deal. We are transferring our current motor mover across and this is being done FOC however we lose because the warranty is a lot shorter than having a new mover.
The trade in price on that order for the caravan is £1200 higher than our current deal with the new supplier plus APR is 7.9% and not 6.9%. Basically due to the order being cancelled we are losing lost £2814 including the motor mover at £1450 or £1365 if the mover is not taken into account. The latter includes interest difference.
However the big issue for me is that we were hoping to go to France with the new caravan which is wider and has automatic levelling. This is a big plus for me as I have mobility issues and the wider caravan would have made life a bit easier on the trip. We are still going to France with our current caravan.

You state clearly in post one that you have had to pay £425 for the transfer of the air con, so clearly there is some " confusion " here?

nem

[Surfer]

Re: Supplier cancel an order for no valid reason!

You state clearly in post one that you have had to pay £425 for the transfer of the air con, so clearly there is some " confusion " here?

nem

My mistake as I put air con instead of satellite dome. That money has now been refunded and I have edited my post to reflect the change. We were lucky to get a full refund from the person doing the install as the cancellation was at short notice.

[nemesis45]

Re: Supplier cancel an order for no valid reason!

My mistake as I put air con instead of satellite dome. That money has now been refunded and I have edited my post to reflect the change. We were lucky to get a full refund from the person doing the install as the cancellation was at short notice.

An easy mistake:der:

[des8]

Re: Supplier cancel an order for no valid reason!

I understand you have agreed to the cancellation and accepted the refund.
It will depend on the wording of that acceptance as to whether or not you can now claim any of your consequential losses.

[Surfer]

Re: Supplier cancel an order for no valid reason!

I understand you have agreed to the cancellation and accepted the refund.
It will depend on the wording of that acceptance as to whether or not you can now claim any of your consequential losses.

The only correspondence regarding the cancellation is in my first post. On phoning them to query, they would not discuss it and insisted on my CC details so they could pass a refund. This was done within 24 hours and few days later I got a hand written note advising of the refund.
If I am going to go ahead with any claim, I cannot do so until I take delivery of the replacement caravan from the other dealer and this will not take place until late June. Then I will have the new figures in writing and can accurately get the difference or loss worked out!

[des8]

Re: Supplier cancel an order for no valid reason!

Odd that, exactly the same post appears on another forum where the poster states:"we have agreed to the cancellation and requested a refund"
http://www.consumeractiongroup.co.uk/forum/showthread.php?462439-Can-a-supplier-cancel-an-order

[Surfer]

Re: Supplier cancel an order for no valid reason!

Odd that, exactly the same post appears on another forum where the poster states:"we have agreed to the cancellation and requested a refund"
http://www.consumeractiongroup.co.uk/forum/showthread.php?462439-Can-a-supplier-cancel-an-order

I had no choice and had to agree, give them my CC details and then got the refund. I did not request the refund at any time. Perhaps a poor choice of words or grammar, but putting things into context, it is not always easy to be grammatically correct if you are bilingual and English was a secondary language in your home country. BTW there is nothing in writing except for the email in post 1. I was under the impression that the forum was to help and not to pick holes in a request for advice?

[des8]

Re: Supplier cancel an order for no valid reason!

Thank you
Not picking holes... just trying to ascertain the exact position.
If we find conflicting information it is necessary to determine exactly what has passed to enable best advice.
So if you feel you had no choice but accept the cancellation and refund, you need to write to the supplier stating that you accept the position under duress, as there was no alternative and you will be pursuing your consequential losses.
You will then be in a better position to pursue them.
As it stands, with nothing in writing, it could be spun that you voluntarily agreed to the cancellation and refund.
You will be asked why you did not reject the cancellation and refund at the time the offer was made (?beginning of April)