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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I put a deposit on a motor home and was asked to sign the

Resolved Question:

I put a deposit on a motor home and was asked to sign the hire purchase agreement I was not told that the deposit was non refundable. I contacted the company the next day to say I could not go ahead as the money I had planned to pay the initial payment and then the monthly repayments which was to be paid to me by another party had not been paid to me and looks like it is not going to be at the present time. I am unable to go forward with the purchase.
As mentioned I informed the company the next day. Please can you help me as they gave no cooling off period on their agreement.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
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.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I am not sure I understand what you are saying. As mentioned I have sent them a registered letter requesting the deposit back. However on their Contract although they did not mention it at the time of signing the deposit was non refundable. However they gave no cooling off time and as mentioned when I knew that the money I was to use to pay off the monthly payments was not going to paid to me by a member of the family I contacted them straight away the next day to inform the company I could not purchase the Motorhome. Are you saying that if they do not agree to refund I can take them to the small claims court?

Expert:  Ash replied 2 years ago.
That is correct. If they dont agree to refund you can take them to the small claims.
Does that help?
Alex
Customer: replied 2 years ago.

Hi Alex

Yes I understand now. Do they have to pay the deposit back to me because they have not given any cool off period and in law does a company have to do this. This would be helpful to know.

Many thanks

Vivien

Expert:  Ash replied 2 years ago.
Yes. You are entitled to a cooling off period Vivien
I hope that helps!
Alex
Customer: replied 2 years ago.

Many thanks Alex

Very helpful indeed.

Kind regards

Vivien

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex