Tweet
Towards the end of May 2014 we ordered a new caravan and paid a deposit of £200 by Credit Card over the phone as the dealer was about 100 miles away. When we never received any paperwork for the transaction, we chased up the dealer and they emailed us a copy of the the top page of the order and nothing else. No T & Cs etc. My signature is not on this piece of paper or any piece of paper that they may have in their possession. On the top copy it does state no refunds on deposits plus the VIN number of the caravan, but we were not told this when we placed the order. Delivery was due for 24th June 2014.
On or around the 13th June I had a query and at the same time I asked if the caravan was a brand new caravan or a demonstrator. They admitted it was a demonstrator, but arranged to get a factory fresh caravan ready for the 24th June. We have never received any paperwork regarding a new order to cover the caravan with a different VIN number.
As it happened on the 23rd we had a phone call which may have an effect on our personal income plus the fact we found out that construction of the caravan was different to what we understood it to be. (No fault of the dealer as misunderstanding on our part). On the morning of the 24th prior to the caravan being made ready for collection, we contacted the dealer and verbally cancelled the transaction. This was followed up by email and acknowledged by the dealer, however we have heard nothing since although we have chased it up.
under the Distance selling regulations they have 30 days to refund and at this point in time they have 6 days left for the refund.
As we cancelled, if the dealer does not want to refund, can we still claim under Section 75 of the Consumer Credit Act or should we be chasing the dealer under the Distance Selling Regulations?
On or around the 13th June I had a query and at the same time I asked if the caravan was a brand new caravan or a demonstrator. They admitted it was a demonstrator, but arranged to get a factory fresh caravan ready for the 24th June. We have never received any paperwork regarding a new order to cover the caravan with a different VIN number.
As it happened on the 23rd we had a phone call which may have an effect on our personal income plus the fact we found out that construction of the caravan was different to what we understood it to be. (No fault of the dealer as misunderstanding on our part). On the morning of the 24th prior to the caravan being made ready for collection, we contacted the dealer and verbally cancelled the transaction. This was followed up by email and acknowledged by the dealer, however we have heard nothing since although we have chased it up.
under the Distance selling regulations they have 30 days to refund and at this point in time they have 6 days left for the refund.
As we cancelled, if the dealer does not want to refund, can we still claim under Section 75 of the Consumer Credit Act or should we be chasing the dealer under the Distance Selling Regulations?
