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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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is there a cooling off for deal done at NEC - Wednesday

Resolved Question:

is there a cooling off period for deal done at NEC - Wednesday 19/02/2014 deposited £2000 for motorhome, balance due £32000 next month
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why do you want to cancel?

Customer:

HI Ben, purchased older style camper--swayed by salesman-camper too wide & high for driveway-have buyers remorse,regards Keith

Ben Jones :

was the camper misadvertised, were you given wrong dimensions for example?

Customer:

it was their smallest camper-against their other campers it looked smaller-not till yesteday measured out from brochure length 5.85m width 2.31m height 2.85m-rushed into deal to save VAT on mothers wheel chair access ramps & clamps- now seen same van new else where £3000 cheaper !

Ben Jones :

Did you sign an agreement for the purchase?

Customer:

Yes, signed sales agreement 19/02/2014 do I have a cooling off period ?

Ben Jones :

No you do not as you did not buy the vehicle ‘at distance’, such as online or over the phone. Generally, when a person places an order for something and pays a deposit they enter into a legally enforceable contract with the seller. It is implied that the seller has accepted the deposit as security and as proof that the buyer wants to proceed with the contract.


 


Unless the seller subsequently commits a serious breach of contract, or there was a cancellation clause, the buyer would have no legal right to cancel the agreement and if they do so they will be acting in breach of contract and risk losing their deposit. This is especially true if the deposit was described as non-refundable.


 


However, if this was a business seller, they will be subject to certain consumer rules and regulations. For example, you will have some protection under Schedule 2, Regulation 1(d) of the Unfair Terms in Consumer Contracts Regulations 1999. It states that if the contract has been cancelled after a deposit has been placed you are entitled to have the deposit returned in full, unless the seller has spent time, effort and money, in which case they can deduct reasonable expenses. Even if some expenses have been incurred, if these are subsequently recovered, for example by selling the item to someone else, the deposit should still be returned in full. It follows that a blanket non-refundable clause that entitles the seller to keep the deposit in all circumstances is most likely going to be unfair and unlawful.


 


If you are having difficulties in recovering the deposit when you believe you are entitled to have it returned, advise the seller that you will not hesitate reporting them to the Office of Fair Trading and, if necessary, pursue the matter further through the county court. Exerting such pressure could often work in changing the seller's position in this matter.


 

Customer:

Thankyou Ben, Excellent service-regards Keith

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Customer:

Thankyou Ben , Excellent service- regards Keith

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