How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I signed a contract last Friday 17th Oct 2014 to purchase a

Resolved Question:

I signed a contract last Friday 17th Oct 2014 to purchase a caravan. Then emailed the company to cancel the contract on Sunday 19th October and wrote a letter posted first class Monday 23rd October.
Apparently the deposit of £1000 is not refundable. Is this correct?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how you ordered the caravan, ie was it online or in store?

Customer:

I signed the contract at the NEC caravan show

Alex Watts :

OK - did they say or does the order say it is not refundable deposit?

Customer:

They did not say it was not refundable. He went to get a copy of the contract after I signed it but somehow when I got home I couldn't find it in the brochure where I thought it had been placed.

Customer:

I should say that in conversation with the company it does say in the contract that the deposit is not refundable because they have to order the caravan from the maker. However they couldn't have had time to do that.

Alex Watts :

Ok-does it say it on the contract its not refundable? How did you pay the £1000?

Customer:

Apparently it does say in the contract although I can't verify it. I paid by credit card

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

As you paid by credit card they are jointly liable under the consumer credit act. You name the company as first defendant and credit card company as second defendant

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks.

Customer:

Sorry

Alex Watts :

Sorry?

Customer:

Can I ask if the claim is likely to succeed. I did feel I was pressurised.

Alex Watts :

I think the claim has prospects to succeed yes

Customer:

Thanks again.

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Alex

Customer:

Alex Thanks for your advice. I wrote to the company and didn't receive a reply so I am going ahead with the County Court claim as you suggested. Just one last thing you said I should state MasterCard as second defendant. Should I notify them that I am going to do this. Jim

Ash and other Law Specialists are ready to help you