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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69977
Experience:  Over 5 years in practice
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Signed an order for a two year old motorhome. Included was

Resolved Question:

Signed an order for a two year old motorhome. Included was a 3 year warranty which was described to us at time of ordering but not provided with written document. Later asked for copy of warranty. On reading, some major exclusions/ conditions of which we were not advised and others not in accordance what we had been verbally told. Asked trader for clarification on disputed issues. Anwers as per the policy document and not as we were told. Motorhome not delivered yet. Is there a cooling off period in which to cancel? What actions can I take to either get the verbally advised warranty conditions complied with or cancel the contract?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you agree a cooling off period please?
Customer: replied 3 years ago.

No

Expert:  Jo C. replied 3 years ago.
Thanks.

Are there any cancellation rights?
Customer: replied 3 years ago.

No

Expert:  Jo C. replied 3 years ago.
Thanks.

Did you do the deal in store?

What was the date if so?
Customer: replied 3 years ago.

In store on 4th May 2014

Expert:  Jo C. replied 3 years ago.
Thanks for the information. Overall, its quite good news.

Unfortunately, its not likely that you have rights to cancel. If you do a deal in store then you are locked in immediately. You do have automatic rights to cancel. You can agree cancellation rights under the contract which would be enforceable but commonly they have not been agreed because it wouldn’t be in the store’s interest.

It would be different if you had done the deal by distance. Then the distance selling regulations would give you unconditional rights to cancel.

If you cancel then you will be in breach of contract. However, they can still only claim the sum of their loss. They still have the car to sell and therefore have provided no consideration for this contract. The most they could claim here is some administration costs and maybe the cost of readvertising. That is very unlikely to be the sum of your deposit or anything close.

If you ask for your deposit back then its likely that you would get it all back. If they do refuse then you can always sue them at the small claims court here

www.moneyclaim.gov.uk

While they do have a right to be compensated for some administration costs its very unlikely that they would bother to contest such a claim on this basis as it just plain wouldn’t be worth the manpower.

Hope this helps.

Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69977
Experience: Over 5 years in practice
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