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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17181
Experience:  I have been practising for 30 years.
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I ordered a lease van from a company. A couple of days after

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Hi, I ordered a lease van from a company. A couple of days after paying £550 deposit I discovered the load space incorrectly advertised on their site was not sufficient for my needs. I contacted them and they sent details for alternative vehicles, which I said do not fill my requirements. I then asked for a refund and they said I would forfeit my deposit as the order for original was signed and processed. I asked how this was possible as they had offered me alternatives. No reply only another brochure for a different make of van.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Im in London they are a national lease supply company. I cancelled the order so haven't received anything. All happened in the last 2 weeks.
JA: What steps have you taken so far?
Customer: Only email and telephone conversation
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at present

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

is this for a new van?

and who is the company?

how did you pay the deposit?

have you asked them to show you were it says about not refunding your deposit on agreement?

F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 3 days ago.
its a new van, the company is called Global.
I paid the deposit by transfer from my business account.
They sent me a copy of their terms and conditions that has a cancellation section

Thank you. As this is a van, and it’s a commercial lease, then you have no statutory right to cancel but there may be the right to cancel in the agreement and if there is the right to cancel in the agreement then you are entitled to enforce that.

You can’t beat them with a stick until they capitulate and refund your deposit and you really only have one way of dealing with this.

Firstly, get the contract cancelled but tell them that you have no alternative but to do so and that you don’t accept what they are saying.

Tell them that you have no alternative but to tell them that you do not accept what they are saying, they are in breach of the provisions of the Consumer Rights Act 2015 because the goods which they intended to supply are not as advertised.

Take them to the Small Claims Court for the get the deposit back.

Give them a deadline to refund, once they confirm the contract has been cancelled, and I would suggest 5 working days thereafter. Give them a deadline date rather than a number of days so there is no dispute over when the deadline expires.

www.moneyclaim.gov.uk is quick and easy. You can prepare the proceedings now, and save them online ready to issue them whenever a deadline for payment (you have to give them a deadline in writing and it has to be reasonable period to pay up) expires.

You will probably find they cannot be bothered going to.

If you paid the deposit by credit card you can also file a section 75 claim under the Consumer Credit Act which put liability onto the card company along with the merchant.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

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Thank you.

Best wishes.

FES