Return of a Refund

Linzi317

Hi, I am after a little advise please

I placed a deposit down on a brand new motorhome over the telephone on the 27/2/20, After confirming via telephone that I could come up and complete the sale and collect on the same day as this was a 6 hour round trip i didn't want to be doing it twice.

This was agreed, there was no signing of a contract and no mention that the deposit was none refundable, So i placed a £2,000 deposit, after taking my deposit I heard nothing from the company and I had to chase them to get a delivery date off them, They stated that It would not be possible to complete in one day I would have to travel up for the paper work side of things then go back up another day to collect the van. I refused and stated that I couldn't afford to take two days off work to get this sorted. after a conversation with a sales rep at the company who spoke to me like a piece of sh*t i cancelled the order on the 3/3/20 at 13.27 I emailed them to cancel and asked for a refund at !7.56 the same evening they emailed me over an order form for me to sign and send back I refused to sign this and again stated that I was no longer going ahead with the sale.

today 19/3/20 I have received a letter in the post stating that I can either:

allow the company to keep the deposit as I breached the contract (I never signed a contract)

accept £2'000 credit note valid until December to be put against another motorhome, (I have already gone out and purchased another vehicle)

Where do I stand legally Have they got a right to keep my deposit? or am i entitled to the deposit back in my account not in credit note. 

Thank you for taking the time to read any advise greatly received 

AdrianC

You gave them £2k as a non-refundable deposit on a vehicle.
You say they said "X", they say they didn't and it wasn't possible.
You now want to walk away from the deal and get a refund.

I guess it came down to whether £2k or six hours is more important to you. But, since you've bought a different vehicle from somebody else now...

BTW, you say you "never heard anything" from them between the deposit and "chasing" them - yet you paid the deposit on the Thursday and wanted to cancel by the Monday?

Car_54

Linzi317 said:

today 19/3/20 I have received a letter in the post stating that I can either:

allow the company to keep the deposit as I breached the contract (I never signed a contract)

A contract doesn't have to be in writing. The seller agreed to supply the car, you agreed to pay. That is a contract.

Mercdriver

Knowing how much brand new motorhomes cost, can you actually afford one if you can't afford to take a second day off work?  

As said above, a contract has been formed.  You agreed that you would pay a 2k deposit.  You didn't query whether it was returnable or not at the time.  The only thing missing is written evidence that you formed a contract.  

Possibly the best thing you can get if you can't get them to return the money is an agreement to use the money for accessories.  

lopsyfa

You should be "entitled" to a refund under the distance selling regulations: https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
Whether you will actually get the money is a different matter.