ToJay Posted June 18, 2015 Share Posted June 18, 2015 Could someone please give advice. My OH put a deposit on a new motorhome which is due to be delivered in July.He has just had a bad stroke. I don't think he would be able to use the motorhome now and I am not sure what is the best thing to do. It was ordered with VAT relief as he has underlying disability. Do you know if dealers normally understand the situation and try to resell the vehicle, refunding your deposit? The only alternative I have is to continue with the sale and then try to sell it on, but in the circumstances I don't know if I will be able to cope with this. I would be grateful for any info, pl. Link to comment Share on other sites More sharing options...
Robinhood Posted June 18, 2015 Share Posted June 18, 2015 ...welcome to the forum, and commiserations. Whatever the response you get here, the only definitive reply you will get is from your dealer. I suspect many will recognise your plight, and do what they can to help, but it is certainly not guaranteed, (contractually you are committed) and some dealers have a better reputation than others. If you really think the best result for you will be not to go through with the deal, I'd suggest you contact your dealer as soon as possible, setting out the circumstances and asking if they will look favourably on a withdrawal. Whatever the answer is, at least you will know just what you're dealing with, and will be able to plan accordingly. Good luck! Link to comment Share on other sites More sharing options...
Brian Kirby Posted June 18, 2015 Share Posted June 18, 2015 I think, under the circumstances you describe, your best course of action would be to go and talk to Citizens' Advice, taking the purchase contract with you. You will need to contact them first, to arrange a meeting with their legal advisor. I think you need to know whether your husband's radically changed circumstances would allow you to walk away from your obligation to buy, whether you will forefeit your deposit if you do so, or whether you will be obliged to complete the purchase and try to sell-on the van. Under the circumstances, I imagine you want confidence in the answer you get, to gain peace of mind. As the answer will depend on the conditions in the sale contract, you really need legal advice (not mere opinion, however well intentioned), and that is something the CA legal advisor can provide. Whether the van can merely be absorbed into the dealer's sale stock may depend to some extent on whether you have specified unusual options, that might make it difficult to sell, and this may influence the answers to your questions. If this is not feasible for you at present, have a look through your insurances; house, contents, car etc, to see if any of them includes free legal advice. They often do. This is usually only given over the 'phone, so will be less likely to be able to take full account of the fine print in the order, but will provide better advice than I think you will be able to obtain on here. I wouldn't expect either to be able or willing to act on your behalf, but you should end up knowing exactly where you stand legally. Then, but as advised guided by the legal advisor, go and speak to the dealership and explain the circumstances. I wish you the very best of luck, and your husband a full, and speedy, recovery. Link to comment Share on other sites More sharing options...
ToJay Posted June 19, 2015 Author Share Posted June 19, 2015 Thank you for your replies and good wishes. It is a tough time. Link to comment Share on other sites More sharing options...
Billggski Posted June 19, 2015 Share Posted June 19, 2015 How did you pay the deposit? If on a credit card you may have some protection. Good luck. Link to comment Share on other sites More sharing options...
HymerVan Posted June 20, 2015 Share Posted June 20, 2015 As Brian Kirby says I think you need to get proper legal advice. There is a legal principle which in my part of the world is called "frustration" where circumstances conspire to prevent a contract being fulfilled. However I am not able to say whether such a principle exists in English Law and if it does whether it would apply and be of assistance. Brian's suggestions about CAB or other sources such as add ons to insurance policies is a good one but don't delay in paying for good quality advice because with that behind you you can approach the dealer knowing what rights you have and therefore what you should or should not accept. To use a phrase from elsewhere good legal advice doesn't cost it pays. Very sorry to hear of your predicament and hope the disability is not too long term or extensive. Link to comment Share on other sites More sharing options...
Robinhood Posted June 20, 2015 Share Posted June 20, 2015 ....given the circumstances of the original post, and the fact that I wholeheartedly agree with the subsequent posts on seeking some sort of advice, (which may help with any subsequent conversation with the dealer) I won't seek to turn this into a long debate on the law. It seems to me, however, that the post was seeking to remove an ongoing worry fairly quickly, in order to be able to concentrate on the health and well-being of a partner. Given this, I still think rapid contact with the dealer needs to be made, in order to bring things to a conclusion (albeit, yet again, having taken some quick advice and support as outlined might help). My experience of contracts in the motor and associated trades is that there is normally very little legal "get-out" for a customer, and ultimately, it is still likely to come down to the dealer's attitude to the sale. The concept of "Frustration" also exists in English law, (though I'm sure there will, as usual, be differences to the Scottish framework). AIUI, though, it revolves largely around changing circumstances which make contractual obligations impossible or illegal to discharge, rather than them simply being more awkward or onerous. In this case, performance of the contract is still possible, but probably not desirable. If the OP is willing, it would be useful if they felt able to post on the outcome - (naming the dealer) particularly if they take a positive stance, as it is always good to see such feedback. Apologies for prolonging the debate. Link to comment Share on other sites More sharing options...
lennyhb Posted June 20, 2015 Share Posted June 20, 2015 Billggski - 2015-06-19 4:02 PM How did you pay the deposit? If on a credit card you may have some protection. Good luck. Not if the total price is over 30k. Link to comment Share on other sites More sharing options...
Billggski Posted June 21, 2015 Share Posted June 21, 2015 I think it's £60,260. (Which would be a big deposit.) Link to comment Share on other sites More sharing options...
Robinhood Posted June 21, 2015 Share Posted June 21, 2015 ...AFAIK, the limit provided by "Section 75" protection on a credit card purchase is still £30,000. Further to this, protection is only available if the total value of the transaction for the goods in question is between £100 and £30,000. (this means that a £1000 card deposit for a motorhome costing more than £30,000 in total would not be covered). Conversely, however, if you were to buy a £29,995 motorhome with £1000 card deposit, and the rest with cash, then the whole of the £29,995 transaction is covered by Section 75. 8-) It aint easy, is it. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted June 22, 2015 Share Posted June 22, 2015 Although Section 75 of the Consumer Credit Act is limited to £30k, the Consumer Credit Directive introduced in 2011 covers transactions from £30k to £60260. http://www.choose.net/money/guide/features/consumer-credit-directive.html http://www.which.co.uk/consumer-rights/regulation/consumer-credit-act It’s most unlikely that credit card-related legislation could be applied productively in this tragic situation. Link to comment Share on other sites More sharing options...
Robinhood Posted June 22, 2015 Share Posted June 22, 2015 ...I stand corrected! :-) (Though I fully agree with your final sentence). Link to comment Share on other sites More sharing options...
Billggski Posted June 24, 2015 Share Posted June 24, 2015 Any news yet? Link to comment Share on other sites More sharing options...
flicka Posted June 28, 2015 Share Posted June 28, 2015 Hi ToJay Only just picked up on this, as others have stated it is important to contact the Dealer as soon as possible, If the motorhome has adaptions fitted, the Dealer would look less favourably at the situation. The sooner he is informed he can deferrer fitting the adaptions, making the motorhome more saleable than if the adaptions are fitted. I understand it is a stressful time for you but prompt action could minimise potential losses. Link to comment Share on other sites More sharing options...
audiseller Posted July 12, 2015 Share Posted July 12, 2015 Billggski - 2015-06-21 8:03 PM I think it's £60,260. (Which would be a big deposit.) If it was the usual £1000 it would be cheaper to walk away than take delivery. Link to comment Share on other sites More sharing options...
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