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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, We went to the caravan and motorhome show at the nec and

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We went to the caravan and motorhome show at the nec and put a deposit on a motorhome the an exhibitor had on order. We were part exchanging our motorhome. Certain things cropped up that set alarm bells off concerning us with the company we had just placed the order with. When we got home I did some research and found that he had 17 dormant/liquidated company's. we decided to cancel under the 7 day tempory place of work cooling off period. The company are trying to claim loss of earnings from us. Please could you tell us if we have a cooling off period on this occasion?

Many thanks.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What does the contract say on cooling off periods?
Customer: replied 4 years ago.
It doesn't mention cooling off periods
How much are they claiming? How are they doing this? Solicitors? How did you pay deposit?
Customer: replied 4 years ago.
We were to hand over our motorhome worth between £70k -£75k in the October but the new one didn't come in till the following January. We were concerned that if they went into liquidation again during this time we would lose that money. The deposit was taken at the show by debit card, they didn't have their machine with them so they took my details down along with three digit sec code on a piece of paper ( they didn't inform me that they hadn't got a machine at the show, I overheard them talking). When I got home I was concerned about the security of my details and cancelled my card. They didn't get a deposit because of this.

They are doing it through solicitors and trying to claim their costs, plus. Loss of earnings around £25k. Yesterday it went to mediation with no outcome. It is all being done through solicitors. We would have continued with the purchase if the company's history wasn't so risky having to part with our motorhome for 3 months. We thought that we had a 7 day cooling off period as it was at an exhibition show. We are getting a little worried how we stand in the eyes of the law.
Why didnt you agree to hand yr motor home over when the new one was ready or would they not agree to that?
Have they given you breakdown of how they arrive at £25k?
What have they said about the right to cancel?
Customer: replied 4 years ago.
No mention of rights to cancel
They are claiming loss of profit -£23,198.00 on part exchange
Less pre sale preparation £1000.00
Less vat on used vehicle £3,306.00
Nett Loss £18,892.00
Plus they legal fees so far of £8000/11,000

They claim that they had sold our vehicle within 24/48 hours although this was never mentioned until 8 months later. They had never even seen our part ex vehicle

Plus loss of profit on new vehicle of £4,803.00
Preparing and transporting new vehicle to shows in a attempt to find a new buyer £750.00
Interest on the stocking loan finance to finance new vehicle £1000.00

At the time of the deal handing in our motorhome at the same time a collecting the new one was not an option as he said the price would be drastically reduced. At this time we did not know the director/company history of the seller.

I am of the opinion that this is an excursion for the purposes of the Cancellable Contracts regulations

See section 5b and 7

I am therefore surprised that this made it as far as mediation.

Was that raised as an issue?

Customer: replied 4 years ago.
His argument is that it is his temporary place of work. He says that it is a retail show.

What is your opinion. Do you think that we have a strong case?
We are a little worried that we may be paying out about 50/55k as we havnt got it, but to settle at the minute it is looking as about 25k

We have also paid about 8k up to now in fees
You have paid £8k in fees to who?Before I do anything I would get learned counsel’s opinion (barrister). It will costs about £600-£800 and will either give you lots of ammunition to counter with or will tell you to settle. To be honest, I would have done that on day one before incurring costs on anything else.The ultimate decision to go to court or not is up to you but at least you will have the strongest information and extensive researched caselaw (beyond scope of this site) available.If you decide to cut yr loses In cases like this, I never suggest making an offer. I suggest sending a cheque. Armed with a cheque in the hand for some of the amount they want, compared to an argument over the whole of the amount, (and arguments that they may win or lose) the cheque in the hand is a pretty powerful incentive to accept it.So consider deciding how much you would like to pay the (you need to make it attractive enough) and send it with a covering letter headed “without prejudice save as to costs”. That means that they cannot produce the letter in court as any proof that you admit owing them any money at all.Tell them in the letter that you are offering this money in full and final settlement of all claims against you, past, present and future, and that by cashing it they accept it as such. Tell them that if they do not accept it, they should return the cheque to you and if they issue legal proceedings, you will defend them on the basis of A, B, C, whatever.Tell that under no circumstances whatsoever is this apart payment.Tell them that if they do not understand the significance of the letter. They should take independent legal advice although you don’t need to do that if writing to solicitors. I have known clients send it straight to the claimant, ignoring the solicitor and who simply cashed it without realising the consequences!I can tell you this approach works nine times out of 10, provided the offer is reasonable and not derisory.For legal reasons which I will not bore you with but which go back several hundred years, the cheque must not come from you, but was come from a third party, friend, relative, solicitor, our accountant, neighbour, girlfriend, wife, husband, whoever, just not from you.Here is some rather heavy reading don't forget to positively rate my answer service (even if it was not what you want to hear). If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating. It doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!If in ratings you feel that you expected more or it only helped a little, please ask. I am offline shortly until later today and will pick this up thenThank you.
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