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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I signed a contract to purchase a boat at a boat show in Sept

Customer Question

I signed a contract to purchase a boat at a boat show in Sept 2012. Have paide £1,000 deposit and a 5% deposit in October 2012. Since then my employment has ceased and we can not afford to complete the order. The boat is £206k.

I have written to the company to request a cancellation of the order and have been advised that we can not cancel.

What are my rights
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
What does the contract say re cancellation?
Customer: replied 3 years ago.

Nothing on Cancellation rights whatsoever.


Expert:  Jo C. replied 3 years ago.
I need to look at the distance sales provisions to see if a boat show is covered. I will be home later this evening and able to do it if thats ok?
Expert:  Stuart J replied 3 years ago.

I have been asked to look at this for you. I am offline now until tomorrow.

How much have paid in total?

When did you cancel? What do you want? All deposit back?

Walk away? Thanks

Customer: replied 3 years ago.
Hi. Ideally we would like the full £10k back. However happy to loose some of it on admin costs. Perhaps loose £1k.

Customer: replied 3 years ago.
Sorry I don't answer all of your question. The first time we informed the company of our intent to cancel the contract in beg November 2012 but the contact was by phone. We advised them of our employment situation and they persuaded us to wait to see if new employment was gained in the coming weeks.

On Jan 2013 we informed the supplier by phone again that we had not got any new employment and could not afford to continue with the order and wished to cancel the order.

An email follow up was sent today to which the supplier response
was that the order could not be cancelled and the order would continue to be processed but they would look to find a new buyer of the boat for us.

The supplier refers in this email to our initial contact in November 2012 about our situation.

Expert:  Stuart J replied 3 years ago.

In November had they started the boat?

They are continuing production?

When was delivery due?

Please confirm that you got the paperwork when you ordered.

Customer: replied 3 years ago.
Not sure. I was informed that the order had been placed with the manufacture. I don't believe that the boat has been started as delivery can be made any time until the end of June 2013. We initially requested that the end of March would be OK. The agent wanted full payment ten days prior to the boat being collected from the factory. It is my belief that the manufacture have a stock of bare hulls and allocate one on initial order. When full payment is made they the fit it out to the required specification on receipt of full payment. The paperwork that we got on order was a receipt for the holding deposit of £1000 a receipt for the further £9000 and the contract which is a pc generated statement on their letterhead stating that we agree to buy a new boat off them on their terms of business which was never handed to us, to the stated specification which is itemised. They have offered £65000 in part exchange for our existing boat which incidentally they have now reject and will now sell it on brokeridge. Their is no contract number as it is starred out and no terms and conditions at all on the contract.
Expert:  Stuart J replied 3 years ago.


Is this a standard boat or are you specifying things in it?

Do you have terms of business? When did you get them?

I need to know exactly what you have please.

Customer: replied 3 years ago.
The boat is a standard base model with added extras that where on offer at the time. The only terms of business that we got are on the back of the receipt and reads "These terms of business apply to all contracts for work and facilities or goods undertaken by us on or after 10 April 2007". There is no reference to cancellation.
Expert:  Stuart J replied 3 years ago.

I'm sorry to labour this but it is really important.

You are making a £200,000 purchase and the only paperwork you have some terms and conditions on the back of a receipt?

I am off-line this afternoon, but will pick this up later

Customer: replied 3 years ago.
Basically yes. The "contract" as mentioned was a one and a quarter page document in which 90% was the boat description with no term and conditions whatsoever
Expert:  Stuart J replied 3 years ago.

I have been trying to think of all way around
this for you and I am sorry to have to tell you that it is not looking good.

There are certain things which may have
helped you bought in view of the timescale do not. I will explain

You have no right to a refund if you simply
change your mind. It doesn't matter why. Indeed, they can actually pursue you
for the full purchase price, but would obviously have to give you the boat.

This brief leaflet from Kent trading
standards (applies throughout the whole country) explains a little further p&tbo=d&output=search&sclient=psy-ab&oq=is+a+deporit+refundable&gs_l=&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.&bvm=bv.41524429,d.d2k&fp=145e449a990997f1&biw=1493&bih=730

Of course they cannot get blood out of a
stone and therefore they are entitled to compensation/damages in the event that
you breached the contract to buy their boat.

This appears to be mixed up. However, with a
part exchange of your own boat, the offer of which seems to have been revoked.
If that offer is tied up with the purchase it does cloud the issue, but it
seems that the offer was only revoked because you said that you no longer
wanted the boat.

I will also run this past a colleague with
regard to the distance selling regulations because you didn't buy the property
in their premises. But clearly, you did have the chance to inspect it (albeit
not the same item) and therefore I do not think that the distance selling

You would have seven days to cancel from when
the contract was included and you got all the paperwork. It appears that you
have all the paperwork because that is all they give out which I find strange
that a £200,000 purchase has really thin terms and conditions.

I think they are entitled, as I said earlier,
to compensation/damages, which is basically, their loss of profit.

They have not had to make the boat so have
not had all those various costs and unless they are making more than 5% on the
boat, then they are not entitled to any more money that they already have.

Although it does not stop them coming up with
accounting evidence which shows a much higher profit.

At this stage, this thing you can do is
negotiate them because you are not, I am sorry to say, in a very strong
position. Sorry

I appreciate that this is not the answer you
wanted, but there is no point in me misleading you.

Please don't forget to positively rate my
answer service (even if it was not what you wanted to hear) and I will follow
up any further points you raise for free. If you don't rate it positively, then
the site keep your deposit and I get 0 for my time. If in ratings you feel that
you expected more or it only helped a little, please ask me for further info
before rating me negatively otherwise I don't get paid at all for my time and

The thread remains open.

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and sometimes it will be hours.


Stuart J, Solicitor
Category: Law
Satisfied Customers: 22388
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your help. It's not the response we were hoping for but the service provided by you was excellent. Would use you again.
Expert:  Stuart J replied 3 years ago.
I am not at my pc at the moment but will get back to you asap.

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