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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14442
Experience:  Solicitor
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Hope you can assist us. We own a used Motorhome business and

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Hi. Hope you can assist us. We own a used Motorhome business and recently put a deposit on a plot (to buy) on a patch of land from Gladwish Land Sales Ltd in Horsham in Nov to early December. The plot of land being in Basingstoke. The deposit was made by card online. We hadn't spoken with the Broker of the land or signed an agreement. We went to look at the land off our own steam and upon seeing it, realised that it was too muddy and not fit for our purpose which is to store vehicles. We did however, consider making the plot useable and within a week, spoke to the Broker of the land, who said that if we can not get change of use granted for the plot by the local Council, then he would refund the deposit in full. No timescale was given. He did also mention that he doubted we would get a grant to change it for vehicle storage use, which then made us think this was not going to work. The terms online are very odd and unprofessional. There are no timescales for refund on the terms. Upon calling the Broker in early Jan, he said he will only refund half as we were outside the two weeks they state. There is an was no mention of two weeks. We were verbally told that if it didn't work out, we could get a full refund if we didn't go ahead. We're quite strict with sales terms due to the nature of our business and comply with Trading Standards, so we're quite careful.These are the Deposit terms on their site..."With respect to cheques that have cleared the banking system that when you pay a deposit and
we (Gladwish Land Sales Limited) accept the deposit we have at the moment of payment a
contract that is binding for both you the buyer and us the seller. You on your part could ask for
your deposit back on a cheque that has not
cleared the banking system and we on our part could ask you for our reasonable costs up to the
full contracted price of the land. Usually, our costs equal the deposit the buyer has paid.
Therefore, if you ask for your deposit back we could ask you to pay us more than you have
already paid us. Having said that, we on our part will not ask you for more than the 10% if you do
not request a refund and accept that you have lost your deposit. The reason for this clause is that
once we transfer the land to you we have to pay the trader or seller"It all seems a bit odd to me. Can you advise us please?
Best regards
***** *****
Solar Leisure Vehicles Ltd
Hampshire
Tel: 01252 416210

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

Were you made aware of terms before putting the depost down?

Customer: replied 1 year ago.
Hi Jamie. Only the terms that were online. We asked them to send over details and agreement of the deposit and purchase, but they didn't do so.

Were you aware of terms online before you put a deposit down?

Customer: replied 1 year ago.
Hi Jamie. We only had the terms online that were what I have copied over. They sent us nothing and all they said is that they would give us our money back if we didn't go ahead.
Customer: replied 1 year ago.
The terms online state nothing about timescales which is what they are saying we have upon. It has only been a month. For all they know, it could have been a payment made in error and we signed no agreement and got no receipt. We don't think this is lawful within Trading standard law.

But did you know of the terms before you agreed?

Customer: replied 1 year ago.
The online terms, yes.
Customer: replied 1 year ago.
These are purchase terms online....
Purchase by telephone
You can purchase land by telephone and the land will be held for a period of 3 days whilst you put a 10% deposit together. When the deposit is paid you will then be sent a “Purchase Agreement” giving you a calendar month for you to pay the balance. We are not permitted to take instalments.
Cancellation Period
There is a cancellation period of seven days between the cheque being banked and bank clearance. There is also a seven days cancellation period for buyers who pay CASH, CARD, CHAPS, or On-Line for seven days. After this and once the names go on the Transfer documents, the transaction is final.

So you knew of the online terms when you ordered?

Customer: replied 1 year ago.
Well my Husband read them after he paid the deposit which is his own fault. We did it online and hadn't spoken to anyone beforehand. When we did speak to them, they said they had doubts we could get change of use on the plot and said they would refund us in full.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 year ago.
Thank you Jamie. So we have a right to the claim of full refund?

Yes. All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

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