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Deposit ?


Rayjsj

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How long can I be 'put off' before a Dealer has to give me back my deposit ? the story.... see used motorhome at Dealer stand at Western motorhome show Malvern, Both like motorhome, agree price, give dealer £1000 deposit for collection 4 weeks later (to get money out of bank).

Van 'not ready' 4 weeks later, awaiting spare part, Dealer not able to state when van will be ready (part is the battery charger) how long is it before I can say 'sorry, I can get this Same van somewhere else by Tomorrow' cancel the order and get my Deposit back ? how do I stand legally ??

I still like the van, but consider 5 weeks ample time to do a PDI and get a van ready for collection. (and YES, I could get another one tomorrow)What do you think ? Ray

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Guest JudgeMental

motorhomes and parts are a nightmare....at least he appears to be honourable and is putting the van right first, I am sure others could be less scrupulous :-S

 

talk to him...its good to talk

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Sorry I cannot be more specific but there was a post here 4? months ago where someone knowledgeable (Brian Kirby perhaps) who had stated that if you sign a contract not at the dealer's premises then you have additional rights to cancel.

 

Do sympathise with your situation you never know whether its all genuine or not and you are the one in the powerless situation with soemthing to lose.

 

If the dealer has a good business record then you ought to be reassured but how do you know unless familiar with their history?

 

Good luck!

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Presumably when you gave the dealer your £1,000 you signed a contract to purchase.

Within that contract should be the terms of sale, ie, the agreed delivery date and the penalty if the vehicle is not available on that date, plus the agreemant regarding how the remaining balance owing will be paid.

You should read through the contract first of all to determine if the dealer has broken his part of the contract.

 

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Guest Peter James

Personally I would be happy to wait a bit longer as I would not want him to rush the PDI. It is not as though he is sitting on all the money, only the deposit. He must want the vehicle out of the way and the money in the bank as soon as possible?

 

oldlowie I thought the people you mention put the van on the road too quickly, without doing a proper preparation, in order to get their money?

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Bazza454 - 2010-09-20 12:43 AM

Presumably when you gave the dealer your £1,000 you signed a contract to purchase.

Within that contract should be the terms of sale, ie, the agreed delivery date and the penalty if the vehicle is not available on that date, plus the agreemant regarding how the remaining balance owing will be paid.

You should read through the contract first of all to determine if the dealer has broken his part of the contract.

 

I have looked at the contract, but it contains NO terms and conditions on the back (it says they are displayed at their premises, BUT that no knowledge of them, does not exempt you from them, or words to that effect .) This wasn't their 'premises' but an outdoor show,though admittedly on 'Their' stand. I know that 'ONLY' my deposit is with them, but time is slipping away,and we were hoping to get away before the winter sets in. And while they have our money we are unable to 'move on' and buy another van. We appreciate that they are doing a thorough PDI,but think that 5 weeks should have been ample time to have done it. We think that they only put it into the workshop when we phoned to say that the 'Money was ready' and what day (that week) could we collect. And YES, their name does begin with 'B' . What sort of a fool does that make me ? :$ Ray
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Ray,

 

Your quote from 17th August after saying where you had bought from...

 

"Go on Brownhills prove me wrong. Ray."

 

I think maybe you already knew what the outcome would be?

 

But a question at the back of my mind is why has the charger failed on a 5 year old, 1 owner MH?

 

Sorry to hear of your troubles and I sincerely hope you get it resolved quickly.

 

Keith.

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Keithl - 2010-09-20 11:04 AM

 

 

But a question at the back of my mind is why has the charger failed on a 5 year old, 1 owner MH?

 

 

Keith.

 

I've been doing a bit of 'research' and I'm sure that this van has a Sargent EC200/PSU2007 set-up ? if so then they probably found that it was u/s at the PDI (last week !!) and have now sent it back to Sargent for a repair, which could take ????? for £ 9 though they can get it couriered back quickly.

This is all on the 'Sargent' Website ;http://sargentshop.co.uk/epages/eshop328964.sf

I also believe I have read elswhere that this P/S has a history of early failure ? But this is all conjecture, as so far all I have been given is 'It's not ready'. And yes, It's a bummer to be proved right. ray

 

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Ray - we have had problems with our Sargent units over the years and vans and Sargent's are usually very helpful - they have quite a good website and telephone support with usually a very quick turn around of repairs.

 

Why not give them a call?

 

Like all modern electronics when they are good they are very good and when they are bad they are 'orrid!

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Ray

Do you know if the dealer sent the old unit back to Sargent's for repair or ordered a replacement from Swifts ?

Our Battery Charger failed under warranty & replacemnt was just under 8 weeks from Swifts.

 

Regarding the deposit, I would suggest you need to contact Trading Standards get some as to your rights / options under Consumer Law, especially as the "deal" was signed at a Show.

BUT from my knowledge (limited in regard to Consumer Law) the time limit will already have expired.

I would expect that Trading Standards will advise something to the effect that you to write to the Dealer stipulating that the "originally agreed Delivery Date" has now been met & that if Delivery is not completed by (Date or No. of Days) then your Deposit is to be refunded in full.

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Guest JudgeMental

The grass looks greener on the other side.....

 

Knowing my luck, if it was me, I could cancel order, buy the alternative van only for the charger to fail the week after... *-)

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Ray

 

Just to clarify at the time you agree to purchase the van, did you:

 

1) Tell them that you were you going to confirm that you had the money?

 

2) Or was the 4 week delivery date 'set', without reference to you having to obtain the money?

 

The reason I ask is that if there was a slight possibility that you might have a problem getting the money, that may account for why they didn't put the van through a PDI earlier as, if you hadn't been able to complete the sale, it would have been a waste of time for them, as they'd just have to do it again before whoever did ultimately purchase it.

 

If the latter, then it is indeed very bad of them not to have it ready, however, it is not unknown for van's not to be PDI'd until just before they are due to go out. But, they have found a fault and are trying to rectify it, and are therefore in the hands of the repairer.

 

I would ring 'B' and find out exactly what is going on before getting your hackles up, ring Sargeants too if necessary, I'm sure they will let you know what's happening at their end too.

 

 

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Mel B,

The 4 week wait was for completion on a house sale, and this was discussed when we paid our deposit, as was the date of collection, I think you are correct, they did the PDI in the few days before the collection date, and found the fault. A shame as we were really looking foward to getting it. Thanks for all the advice everyone, I'm looking at it a bit more philosophically now, at least i know it has been checked out properly, just hope they get their 'Skates on'. Ray.

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After a phone call today from the dealer, I am totally confused and a bit angry, they say that the faulty charger isn't a 'Sargent' but a 'Plug in Systems' ??? and that they are having difficulty getting someone to repair it. ??? personally I don't care whether they can repair it or not. If they want the sale they will either get it fixed or replaced by 2nd October or the deal is off. And i will want my £1000 deposit back, and if neccessary i will drive the 300 or so miles to get it.

Selling a Van at a show which hasn't been checked or serviced, then after selling it ,STILL not checking it or servicing it until a few days before it is due to be picked up is very poor customer service. And doesn't bode well for the future. :-| Ray

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Ah, that makes it a bit clearer. If you HAD already exchanged contracts when you paid your deposit then I agree it is bad of them, if contracts had NOT been exchanged though I could excuse them a little.

 

What is not very good is that you are basically being given, what appears to be, the runaround, whilst they try to sort out someone to repair what, after all, is not a flipping piece of 'state of the art' super duper, rare as hen's teeth, kit. If they can't get it sorted, they should replace it. I'm so glad I don't go there for warranty or other types of work.

 

I think you are right to give them an ultimatum, it is totally rediculous and I do wonder if you don't do this, how long you are going to be left hanging around. So my suggestion is to formally write to them stating that if they cannot get the vehicle ready (ie fixed) by XX date, you will have no option but to cancel your order due to their inability to meet it, and go elsewhere. Best to check out what the 'formal' wording should be as I'm no expert, but Trading Standard should be able to tell you. But you must do this soon, don't leave it, otherwise you could still be in this position by Hallow'een!

 

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Tracker,

I've got no idea ? (their website is rubbish too !) did Autocruise change Power supply/ control systems between 2005 and 2006 ?? I'm sure yours has a 'Sargent' but according to 'B' Swindon, the one in 'this/that/My' new van is a 'Plug in systems' one ? My 22 year year old Autosleeper has a 'CEC plug in systems' power supply/charger, looks like i need't have changed vans at all ?? ( but with failing arm 'power' i need power steering.) C'est la ve. Ray *-)

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My PSU is a Sargant - I was under the impression that they all were but I don't know and Autocuise can't tell you and Swift don't give a toss!

 

Would Brownstuff at Swindon send you a picture of it and the maker's contact details so that you could make your own investigations?

 

I often find that being proactive can focus people's minds - always assuming they have a mind to focus in the first place!

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Mel B,

Thanks for the advice, i have just typed up a letter to the sales manager at 'B' south-west. And am sending it by recorded delivery tomorrow, that if it isn't ready by 2nd October then 'that's it' and i'll be wanting my deposit back. Plenty of time to get a new charger installed. IF they really want to. Ray

 

 

PS where's 'Legal Eagle' Brian kirby when you need him ?

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They probably had some new vans going out in early September Ray and probably didn't get around to yours in time and whilst I accept the lack of communication is typically Brownstuff poor, have you tried the softly softly approach with the branch manager as this often tends to get better results than a hard line which often tends to prevent people from helping for fear of losing face?

 

If it is the van you want - and those of us that have them seem to all love 'em - then why not wait just a little longer rather than get all bolshy - unless you can find a better one somewhere else?

 

This comes from the master of diplomacy!

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Tracker,

it's certainly a nice 1 owner low mileage van, and we did 'fall in love' with it at the show ( but we all know what happens when you let your heart rule your head !) it is a bit expensive, but not excessively so,

and I thought 'has the backing of a dealer warranty' (not so sure about that bit now !!) I have just found this website from a guy who could probably help :http://expluginsteve.co.uk/page8.htm.

He has a lot better website than the 'Bonus' people. Ray

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Rayjsj - 2010-09-20 1:00 PM

 

Keithl - 2010-09-20 11:04 AM

 

 

But a question at the back of my mind is why has the charger failed on a 5 year old, 1 owner MH?

 

 

Keith.

 

 

I also believe I have read elswhere that this P/S has a history of early failure ?

 

Ours failed from new after 2 months. Unfortunately we were in Spain but they dispatched a replacement by courier within 48 hours.

Have you spoken to the organ grinder or the monkey? If I was MD I would want the profit in my bank. So I would pester, and I mean PESTER the man at the top.

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