New Motorhome ordered

[ronecc]

My wife and I recently paid a deposit on a new motorhome. The vehicle was not on the sales forecourt because it was till in production. The company had it on order for themselves to sell. It was not ordered for us.
Last week, I had a traffic accident and smashed my right foot. I am hoping to be able to drive again, but will not know until after I am out of plaster and after any physiotherapy I will need.
We decided to cancel the order, before the motorhome arrives. The company said that I will have to forfeit the deposit, because I have cancelled and failed to take delivery, (of a vehicle they do not have in stock?). Do I have a legal right to a return of my deposit? They have offered to keep the £2000 deposit until Christmas, with a view to using it towards the deposit on a new or used motorhome, but if I accept, I still do not know whether I will be able to use my foot, until November when I am out of plaster.
If I still cannot use my foot, I will lose the deposit anyway.

[echat11]

Hi Ronecc

When did you pay the deposit? How did you pay the deposit? What do the T's and C's regarding deposits and cancellations?

https://www.crippspg.co.uk/guidance-...hts/?pdf=35844

Hope you make a full recovery.

[ronecc]

Hi.
Deposit paid on 6th July 2021. Paid £250 by debit card, this was just to hold the order overnight whilst I measured the driveway at home. The balance of £1750 for the full deposit was paid by credit card on the 7th July.
The contract states: 'Where the contract is concluded it the Dealer's premises, the customer may not cancel the order after the contract date, unless the dealer agrees to such cancellation in writing.
They wrote back stating, as I mentioned, they would hold the deposit until Christmas.
I think it is a bit overboard, when they have not lost a sale, as such, because they had nothing to sell. The vehicle was not built, was not registered and was not a special order they would have had to pay for.

[echat11]

Hi Ronecc

When did they say the Motorhome would be ready?

Have a read of following website, as you state they were having it built for themselves (it would be good if you have or could get evidence of this), the loss to them is negligible, they might have admin charges etc which should be minimal. Do all your communicating in writing, explain your circumstances, accident etc.

Speak to you debit card / credit card issuer, explain the accident etc Send them proof.

https://www.gov.uk/government/public...ds-or-services

[ronecc]

Due to collect/pick up on the 4th August. My wife phoned to cancel the order Tuesday the 20th and the salesman stated then, that the van had not arrived from the Manufacturers. So the order was cancelled definitely cancelled before the company had it in their possession. She cancelled it via email on the 24th July,

[echat11]

Read my previous post (they clearly had it built before your purchase).

[ronecc]

Thanks .For some reason, the latter part of your message did not appear at first, just the, 'When did they say the Motorhome would be ready?',
The salesman stated they were expecting one that was this years model and two in Nov/Dec but they would be 2022 models. The company have other branches and if they had had one in stock we could have had one of those, but we opted for the one being built. I suppose the only way to know when it was/is being built would be to contact the manufacturer with the chassis number the retailer gave me and is on the order form.

[echat11]

Thanks .For some reason, the latter part of your message did not appear at first, just the, 'When did they say the Motorhome would be ready?',
The salesman stated they were expecting one that was this years model and two in Nov/Dec but they would be 2022 models. The company have other branches and if they had had one in stock we could have had one of those, but we opted for the one being built. I suppose the only way to know when it was/is being built would be to contact the manufacturer with the chassis number the retailer gave me and is on the order form.

It's because I edited the post to add more information.

[ronecc]

Thanks.
I have written back asking them to explain why they basically want £1750 off me for doing nothing.