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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I have placed a deposit on a Motorhome and now am having second

Resolved Question:

I have placed a deposit on a Motorhome and now am having second thoughts about buying it, I am nervous cause only me driving it. Can I get my deposit back.?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree cooling off rights?
Customer: replied 2 years ago.

No mention of cooling off rights so I guess no.

Expert:  Jo C. replied 2 years ago.
OK.
Did you do the deal in store?
Did you get a written contract?
Customer: replied 2 years ago.

Yes The deal was done in Store.

I have a written contract which I have signed but it has very little detail on it regarding my rights only information on the vehicle.

Expert:  Jo C. replied 2 years ago.
Ok. There is no way around that then.
If the deal was done in store then there are no automatic cooling off rights as there would be if this had been done by distance.
If you didn't agree cooling off rights and none exist under the contract then none will exist.
If you do cancel then you will be acting unlawfully but they only have a claim for the sum of their loss and they do still have the motorhome to sell to another. They would have a claim for some administration costs although it would be nothing like the sum of the deposit.
They might not agree to repay without quarrell. They might refuse. If they do, then you can always sue them at the small claims court.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I always thought going down the road of small claims was expensive is that right?

Expert:  Jo C. replied 2 years ago.
No, it is very cheap. Probably the cheapest form of legal action.
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