A tale of Caveat Emptor
Comments
-
Hi Alvinlee01, from what I have just read this problem goes further than just your civil rights. This person is obviously in business and it would appear that he has taken money from you after advertising one caravan and then trying to pass you off with
a different one. You would certainly be entitled to your deposit back. You do need to report this to your local Trading Standards dept as this sounds as though it is a criminal offence. Of course you could tell the trader you intend to take this course of
action unless your money is returned. Once your money has been returned I would still report him, in order that he doesn't try it on with anyone else. On another note, our caravan is 3 years old and it still looks brand new, you can find vans for sale that
really are pristine, this one sounds awful.0 -
After speaking to the guy yesterday he did agree to refund the deposit. But this morning I have had a text message saying he has been overruled by the finance director. Deposits are not refundable.
Devastated.
Deposits are not normally refundable - unless the item has been totally misdescribed by the seller, which from what you have said it was.Try telling him this when you next speak to him. This seller is on thin ice.
0 -
He can also he done under the Misrepresentation Act as the caravan was not fit for purpose. As the deposit was paid before seeing the actual caravan, the deposit is fully refundable under the Consumer Rights Act and it is mu understanding that you do not
need a reason for the rejection. BTW have you contacted the CC and asked them for input?0 -
I would be reporting this to e bay.
Having looked at the listing! it could be that the pictures have been taken from a couple of other listings as in one picture you can easily see the plastic on the carpets, while on the others it is not visible. Also the doormat is diifferent in one picture
compared to another, the sink has a cover on in one and not another, and there are 2 different awning bags shown.Unless you made the payment via ebay (which doesn't seem to be the case here) they will not be interested.
In the ad cash or transfer only - no Paypal, so absolutely no hope of any action via Ebay.
I am afraid that is always a warning in itself. People who will not take credit cards usually are unable to and even if Paypal is offered that can also be a sign of a trader to avoid.
Do be aware that using your credit card over the phone can mean that it actually goes through paypal though and makes life far more difficult if things go wrong. The only clue will be PP before the traders name on the card statement.
0 -
Just had a quick nosy at the e-bay listing (assuming it is the same van - looks like it from the other descriptions on this thread) and the price has gone down to £9600 and it is claiming to have 37 bids in place. Hmm!
0 -
Just had a quick nosy at the e-bay listing (assuming it is the same van - looks like it from the other descriptions on this thread) and the price has gone down to £9600 and it is claiming to have 37 bids in place. Hmm!
Write your comments here...
No, its an ongoing auction. All of this was started in the first day of the listing going on. The bids were, at the time only in a few thousands.
I expect that after watching similar sales this will go for more than the £11k quick sale he offered me. I just hope the eventual buyer has a close look over it.
In the mean time, I have had a chat with Citizens Advice, it seems clear that I am entitled to to my deposit as per Distance Selling as suggested here, also he failed to supply me with any Pre Contract Information detailing that deposits would not be refunded.
I have emailed him this both privately and on ebay as well as sending it via recorded delivery asking for my £500 back on or before 11th Nov when the listing ends.
ho hum.
0 -
Alvinlee01 do not be afraid to take them to the small claims court as it will cost you nothing and they will have to pay court costs.
In the court it is your legal representative and you or just yourself and them and their legal presentative and the judge. The claim can be done online at
Money Claim Online .Obviously there are a couple of steps you would need to do before doing court. Although I can advise it may be preferable if you got the info from CAB.
0 -
Having read this sorry tale I would not waste anymore time speaking to the company they sound like con merchants. On the web (look at CAB and Consumer Protection) there are sample letters to send before taking action in the small claims court. All the
law seems to be on your side but a call to the club's legal eagles would confirm this (surprised they have not already picked this up from this post). I would just get on with it.0 -
Having read this sorry tale I would not waste anymore time speaking to the company they sound like con merchants. On the web (look at CAB and Consumer Protection) there are sample letters to send before taking action in the small claims court. All the
law seems to be on your side but a call to the club's legal eagles would confirm this (surprised they have not already picked this up from this post). I would just get on with it.Write your comments here...
At the moment I have only contacted CAB. I have looked around this CC website and so far have not found links to Legal Advice which might be applicable to this matter.
0 -
From another thread:
The Club’s legal advice line is supplied by an external organisation, and they will offer you free legal advice for any situation.
As a member, you are entitled to use our Legal Helpline.
Our Membership Team would be happy to give you the helpline number if you are happy to call in.
Membership Services are on 01342 318813 and available Monday to Friday 8.45 to 5.30.
0 -
Thanks for posting that ET. In my opinion, the guy who's offering this van is a rogue trader.
0 -
This whole episode has not only made me less trusting of anyone, I am now losing interest in buying a new van. I feel a churn in my stomach just thinking about it. :-(
0 -
This whole episode has not only made me less trusting of anyone, I am now losing interest in buying a new van. I feel a churn in my stomach just thinking about it. :-(
I would not be put off buying a new van. The problem here is unusual and provided you use your credit card for the deposit then you are protected. Choose a reputable dealer though.
0 -
This whole episode has not only made me less trusting of anyone, I am now losing interest in buying a new van. I feel a churn in my stomach just thinking about it. :-(
I would not be put off buying a new van. The problem here is unusual and provided you use your credit card for the deposit then you are protected. Choose a reputable dealer though.
OP stated that they had done a bank transfer so they are covered under Distance Selling Regulations. I agree that the OP should choose a reputable dealership.
Not sure where in the West Midlands the OP is located, but can suggest that they try Chichester Caravans and speak to Jason or Brendan.
0 -
Alvin try putting the company name or the directors name ( ie the person you were dealing with ) into the website companycheck.co.uk - This will give you an insight into who the Directors of the company are and how its directors have traded previously!!
0 -
I agree with [Deleted User User] the DSR regulations are no use here as the caravan was not sold. The information given appears to have been inaccurate and on that basis the deposit should have been returned.
My view is a letter should be sent saying the caravan was misdescribed annd unless the deposit is returned within 14 days a small claims summons will follow without further warning.
0 -
I agree with [Deleted User User] the DSR regulations are no use here as the caravan was not sold. The information given appears to have been inaccurate and on that basis the deposit should have been returned.
My view is a letter should be sent saying the caravan was misdescribed annd unless the deposit is returned within 14 days a small claims summons will follow without further warning.
True that nothing was bought but even if the caravan was immaculate and the buyrer rejected it, the buyer is still entitled to a full refund as the buyer was never given a formal contract with the T&Cs plus the DSR still apply even if nothing is bought as
you have 14 days to change your mind.0 -
I agree with [Deleted User User] the DSR regulations are no use here as the caravan was not sold. The information given appears to have been inaccurate and on that basis the deposit should have been returned.
My view is a letter should be sent saying the caravan was misdescribed annd unless the deposit is returned within 14 days a small claims summons will follow without further warning.
True that nothing was bought but even if the caravan was immaculate and the buyrer rejected it, the buyer is still entitled to a full refund as the buyer was never given a formal contract with the T&Cs plus the DSR still apply even if nothing is bought as
you have 14 days to change your mind.The deposit reserves the caravan until the purchaser can pay and pick it up and is evidence of a formal contract. If the caravan is as described the purchaser has breached the contract by not proceeding and forfits the deposit. The point here is that the
caravan was not as described and in those circumstances the contract is void and the deposit has to be returned.0 -
I suggest the following TW paraphrasing your words.
The deposit reserves the caravan until the purchaser can pay and pick it up. It is evidence of an intention to enter into a formal contract. If the caravan is as described the purchaser may forfeit the deposit if he does not proceed with the purchase.
In this case the caravan was not as described and in those circumstances the purchaser has a valid right to expect the deposit to be returned.DD even if the caravan was as described the buyer still had the right to reject the caravan and get back all of their deposit. This applied even before the Consumer Rights Act as it was covered under Distance Selling Regulations. It would apply if the
deed was done on the premises. CAB will confirm this as you have be informed of your cancellation rights in writing for it to be a valid contract.0 -
DD please read my last post properly and then respond as it appears that you are saying that the OP has no right to get back the deposit even if the caravan was immaculate unless I am misunderstanding your posts. The DSRs are now incorporated into the Consumer
Rights Act 2015.Although I have been given good advice by CAB when I have used them, on one occasion I was given very bad advice as the representative had misunderstood the regulations as no one at CAB had given her the correct training. CAB is very good but you always
need to get a second opinion.0 -
Having read this sorry tale I would not waste anymore time speaking to the company they sound like con merchants. On the web (look at CAB and Consumer Protection) there are sample letters to send before taking action in the small claims court. All the law seems to be on your side but a call to the club's legal eagles would confirm this (surprised they have not already picked this up from this post). I would just get on with it.
Write your comments here...
At the moment I have only contacted CAB. I have looked around this CC website and so far have not found links to Legal Advice which might be applicable to this matter.
I think you have now been given the free CC legal advice number by a member on here but here are all the details with another link to the contact number.
0 -
Hi all. The advice I have been given rfrom the CAB is that as there was no Pre Contract Information (PCI) sent to me then I dont have to have any reason at all to not purchase the caravan. As it happens, I feel I had significant reason not to purchase it.
The pictures I seen on eBay were definately of a different caravan. Since I viewed it, the seller has put extra pictures of the caravan (or a different caravan again) which clearly show different interior features. On the same listing!!I have wrote to him explaining that as there was no PCI he should refund in full. That letter was signed for yesterday shortly after lunch time. Later in the day I had a quite aggressive seperate person call me stating in no uncertain terms that I will not
be getting my money back at all, that I am a con man and he has met my type before. He claimed to be the owner and the guy I had dealt with was doing so in his behalf, (I paid the money into a private Barclays account in the name of the man I met and who's
name was in the listing). He also complained that he took the caravan off ebay as I had committed to buy which is ludicrous as the listing was still active right up until Tuesday this week, 5 days after I viewed it and confirmed I would not be buying it.I have today sent another recorded delivery letter advising that if my £500 is not returned on or before Monday 11th then I will be starting Small Claims Court proceedings and submitting all relevant evidence to trading standards, including the pictures
clearly showing at least 2 caravans.I am totally sick of this and have lost all appetite for caravanning all together, let alone upgrading to a new van for the new year.
0 -
He sounds like a nasty piece of work who's trying to bully you into giving in.
0 -
Hi all. The advice I have been given rfrom the CAB is that as there was no Pre Contract Information (PCI) sent to me then I dont have to have any reason at all to not purchase the caravan. As it happens, I feel I had significant reason not to purchase it.
The pictures I seen on eBay were definately of a different caravan. Since I viewed it, the seller has put extra pictures of the caravan (or a different caravan again) which clearly show different interior features. On the same listing!!I have wrote to him explaining that as there was no PCI he should refund in full. That letter was signed for yesterday shortly after lunch time. Later in the day I had a quite aggressive seperate person call me stating in no uncertain terms that I will not
be getting my money back at all, that I am a con man and he has met my type before. He claimed to be the owner and the guy I had dealt with was doing so in his behalf, (I paid the money into a private Barclays account in the name of the man I met and who's
name was in the listing). He also complained that he took the caravan off ebay as I had committed to buy which is ludicrous as the listing was still active right up until Tuesday this week, 5 days after I viewed it and confirmed I would not be buying it.I have today sent another recorded delivery letter advising that if my £500 is not returned on or before Monday 11th then I will be starting Small Claims Court proceedings and submitting all relevant evidence to trading standards, including the pictures
clearly showing at least 2 caravans.I am totally sick of this and have lost all appetite for caravanning all together, let alone upgrading to a new van for the new year.
Take the more +ve viewpoint that you have alerted others to a con man.
0
