Mis-selling over the phone static caravan for sale and MotorHelpUK

[MoonHawk]

Hi,

 

I have a static caravan for sale and the other day got a call from MotorHelpUK, offering their services to sell it.

 

I was told, straight away, that they only contact sellers if there are existing enquiries for the item being sold. I was offered an advert on their site for £79.95. £70 of which would be paid if they sold the caravan, as they make their money from financing for the buyer.

 

I confirmed that if I sell it then it's goodbye to the whole amount and was told yes. To assure me, it was repeated that "they only contact people if there are existing enquiries for the item being sold". I asked them how many. The reply was at least 4, otherwise I would not have had the call.

 

I was then asked if I am available that evening to receive enquiries as they will be informing the enquirers.

 

Now several days on ... not a single enquiry. I think that I was led to belive that there are existing enquiries for me. I did not expect them to necessarily be a sale, but I did expect at least one enquiry to come through, otherwise I would not pay £80 for an advert when i can advertise for free elsewhere.

 

Have I been mis-sold this service like I believe I have?

 

Any feedback and pointers to any ragulations would be appreciated.

 

Best Wishes

MoonHawk

[give_me_it_back]

This bunch do this all the time. They may have changed their name, but, years ago I was selling a very specific type of classic car. I was contacted by Car Data and told they had at least 4 live buyers for this car. I gave them my money and heard nothing more. Not one call from these 'interested parties'. It's a [problem]. They were on WatchDog some years back.

 

I don't know where you stand re being 'mis-sold'. I reckon they would just say the ficticious buyers had bought elsewhere.

 

Sorry.

 

I'm sure that if someone more clued up on these things reads this, they'll let us know. I'd be interested.

 

It might be worth a call to Trading Standards...

 

Have you called them to ask why you haven't been inundated with calls?

[MoonHawk]

Hmmm.

 

Have you called them to ask why you haven't been inundated with calls?

Not yet I wanted to find out where I stand first.

 

I wanted to right a letter to them prior to taking action, and wanted to know if there are any ragulations or legislations I can quote, about being mis-led.

 

Best Wishes

MoonHawk

[give_me_it_back]

see here:

 

Mirror.co.uk - News - Mirror Investigates

 

and here:

 

AutoMatch www.automatch.info Review - Car Sales. Review of 127250 (Comments)

 

Unfortunately no advice of how to 'put it right', as I doubt there is no way. Just story after story like ours. Sorry. If I wanted a static caravan, I'D buy it from you!!

 

Good luck.

[MoonHawk]

thanks for that ... but I'd only sell you it if you wanted one

 

Well I'm gonna wait for a bit to see if they put my ad up, they haven't yet. I think I'll wait for one week and then if not up or if they do not use the photos I sent them, I'll hit them for not suppying the service purchased. They have three more days then they get my letter.

 

After that I'll contact the bank and report them to OFT (as if they do anything).

 

Best Wishes

MoonHawk

[give_me_it_back]

Did they say how soon the ad would go up? If they gave a timeframe and they haven;t done it yet, surely they have breached the agreement..? Why not try to phone and cancel? Maybe tell them it's sold..? Did you pay by credit card? If so - ring the credit card company and see if they can help?

[MoonHawk]

Did they say how soon the ad would go up? If they gave a timeframe and they haven;t done it yet, surely they have breached the agreement..?

No they did not give a timeframe.

 

Why not try to phone and cancel? Maybe tell them it's sold..?

Interestingly the say on their invoice ... that Distance Selling Regulations say if I asked for teh service to start immediately then the cooling off period is negated if 1) I receive their t&C (On teh invoice) and 2) Their service has commenced.

 

Why not try to phone and cancel?

As far as I am concerned it hasn't commenced so time fpr a call.

 

Did you pay by credit card? If so - ring the credit card company and see if they can help?

Pain doing it that way. Last resort.

 

Best Wishes

MoonHawk

[MoonHawk]

Have to write in e-mail or fax apparently.

 

I'll e-mail and confirm by letter.

 

Best Wishes

MoonHawk

[give_me_it_back]

Good stuff! Make sure they admit they received your cancellation. How did they sound on the phone?

[MoonHawk]

I rang them again as on their T&C it said nothing about e-mail. It said call to cancel. It turns out the reason I couldn't find the ad is that they have mis-spelt the model. And they apparently have 7 enquiries now.

 

I called the OFT consumer line and put the following together on their advice.. i'm getting a legal friend to look at it but any feedback would be greatly appreciated

 

Misrepresntation Act 1967

 

Dear Sir/Madam

 

On Friday 20th October 2006, I was contacted by one of the members of your staff, selling me your advertising service. In the opening introduction, I was told that you already have enquiries for my type of caravan waiting, and that is the sole reason I was contacted.

 

During the course of the conversation, I was also informed that you will charge £79.95 for the service and that £70 will be refunded to me, if the caravan was sold via your service.

 

I was once again reminded that you have enquiries ready for my type of caravan, and when asked how many, I was informed that at least 4 exist. I was also asked if I was available to take these enquiries that very evening, implying that there are definite buyers waiting.

 

Not only have you mis-spelt the model of the caravan, making it impossible for someone to search for the caravan, and put the location as Northamptonshire, which is the county of my home and not the location of the caravan. You have also mis-spelt my name on the invoice and in 4 days on I have not received a single enquiry.

 

I believe that during the course if the conversation, I was led to believe that there are buyers ready to look at my caravan, and as such I was induced into agreeing the contract with you, which otherwise I would not have made.

 

Under the Misrepresentation act 1967, I hereby give you 14 days to refund £79.95 back to my card, unless you can in the next 2 days provide me with the details of at least 4 genuine buyers, not associated to your organisation, save as an enquirer, who are looking for:

1) a second hand Willerby Lyndhusrt to site themselves

2) a 4-6 birth caravan sited in Dorsert

 

For the avoidance of doubt, if this is not done within 14 days, not only will I inform you to the Office of Fair Trading, but I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

 

Yours sincerely

 

Best Wishes

MoonHawk

[give_me_it_back]

Sounds good to me Moonhawk!

 

Did you say on the telephone that you wanted to cancel?

 

I'll be really interested to see what their response is.

[MoonHawk]

I did say I wanted to cancel. They said but we hjave your advert up. I said no you don't as I can't find it by searching using your search engine. They said did you search using your reference. (Who on earth is going to search for my caravan by my reference??? )

 

I shall send it off tomorrow, recorded delivery and wait to see what they say. Hey maybe they will give me some enquiries

 

Either way if I get anywhere I'll publicise this for others to use against them.

 

Best Wishes

MoonHawk

[MoonHawk]

Just had a call from MotorHelp UK's customer services department. They apologised for the bad experience that I had with them and the money will be refunded to my card within the next 30 days and a confirmation sent out. Not sure why that long but will wait and see when it comes back.

 

Best Wishes

MoonHawk

[Movingon]

Just had a call from MotorHelp UK's customer services department. They apologised for the bad experience that I had with them and the money will be refunded to my card within the next 30 days and a confirmation sent out. Not sure why that long but will wait and see when it comes back.

 

Best Wishes

MoonHawk

 

Remember to stick to YOUR timescales - you gave them 14 days or you issue a claim; they have not replied in writing. Issue your claim on the 15th day. If they pay and you have to cancel your claim, so what? They have to pay your court fees plus 8% interest too...

[MoonHawk]

Thanks for that Tom. I have too much on my plate at the moment with Lloyds, Barclaycard and Littlewoods. So I'll give them a couple of weeks grace. But don't worry, it is in my calender and I'll be reminded every week

 

Best Wishes

MoonHawk

[MoonHawk]

Well I phoned them a coiuple of times to be told oh being doen blah blah. Now Christmas is over my patience has run out and claim put in.

 

Best Wishes

MoonHawk

[demon_x_slash]

Good luck. If you wanted to post your particulars of claim up here I'm sure someone'll check it over for you.

[Movingon]

Well I phoned them a coiuple of times to be told oh being doen blah blah. Now Christmas is over my patience has run out and claim put in.

 

Best Wishes

MoonHawk

 

Nice one. Always ignore anything they tell you over the 'phone - it's usually BS.

[MoonHawk]

A cheque for the full amount and court fees arrived the day I got my copy of notice of issue. The cheque was stapled to their copy of issue.

 

So anyone suffered at the hands of these guys. Send them a Misrepresentation Act letter asking for proof of the said enquiries. The don't wait, once the 14 days are up, file.

 

Best Wishes

MoonHawk

[Movingon]

Absolutely fantastic news

 

Really pleased for you! Well done. Remember once the cheque has cleared, CLEARED mind you (at LEAST 14 days, preferably 28) you can tell the court that the claim has been settled. You can tell them NOW you have received a cheque, however make sure they know that you "will notify them if the claim is settled in due course".

 

I say 28 days, because a cheque can still bounce LONG after it has apparently been cleared into your account.

[MoonHawk]

Bit of a late update ... too busy with other cases lmao.

 

But the cheque has cleared and I have ceased proceeding with the claim.

 

Best Wishes

MoonHawk

[simcats]

Hi,

We recently have been duped into a contract with MotorHelpUK. It happened in exactly the same way you guys described above. I wondered whether the Misrepresentation Act letter worked? The thing is I have just been checking their website and have just viewed my ad and there doesnt seem to be any spelling mistakes or anything like that. Can I still use the same Act?

[simcats]

Hi guys,

 

We recently were duped by motorhelpuk. Nearly a month on we haven't heard anything from any potential 'buyer'. Everytime I ring them I get abuse hurled at me! Anyway the cancellation tact hasn't seemed to have worked. The emails I send bounce back soomer or later. I was wondering whether I can still use the Misrep Act even though there doesn't seem to be any cosmetic mistakes to my ad? Did your cheque ever fully clear?

[wayneg]

This is something that has happend to me in regards Touch Local directory.

 

The telephone sale person said that their website is at the top of the search engines for the category listed and for keywords related to my business listing, so that if someone typed in 'driving school' their website would be on the first page.

 

I've search every week for the keywords and gave up looking for their website in the first 20 pages, i took the paid listing on this basis and now trying to cancel contract, to which they are not that interest in discussing anything.

 

Any advice appreciated.

 

Wayne

[mackem2010]

I tend to edge to the side of caution with companies like this. If you can't sell it on eBay or AutoTrader, then there is a serious problem, these companies are ridiculous and generally in my experience very unscrupulous