camper van purchased at trade fair - rights to cancel?

[Beckwith]

Hi, at the end of March my elderly parents (85 & 80) visited a caravan show. They saw a mini camper van for sale and my father was quite interested. He had a vision of being able to use it to take my mother, who has terminal cancer for days out. The van was on sale for £23,999. My parents looked around the rest of the show and on their way back as they were approaching the stand were they saw the above mentioned van the salesman had sign with a reduced price of £19,995. In parents words "he told us he was reducing it for the show" My father was attracted by this and signed up to purchase the vehicle and paid a deposit. They did not really have a proper look around the vehicle and salesman didn't offer to show them any of the features or how things worked. The van was on display with the beds made up so my father didn't even have an opportunity to sit in the vehicle. Both my parents need the aid of a stick to walk. Originally my father agreed to part ex his caravan but later decided to withdraw this as he felt he could get a better price.

 

 

As the vehicle was un-registered the company selling insisted that the balance was paid before it could be registered. My father paid the balance and waited to hear from them. Communication from the company has been poor from the outset.

 

 

Eventually they confirmed a date for the delivery of Friday 8th May. On the day of the delivery my father had a telephone message to say that they could not deliver because they had not received all the paperwork back from the DVLA. My father contacted the seller and left a message to say that if they planned to deliver the following week he would not be available Tue - Thurs as he had to take my mother to hospital each day. By the following Thurs (14th) he had not heard anything so with his permission I contacted the salesman to find out what was happening. Everything was now in place so a date of 21st May was agreed for delivery.

 

 

The van was delivered and immediately on inspection my parents & sister noticed a number of defects, scratches, rust etc. On the sales document the vehicle was ticked as being new. Other things transpired that they were not aware of such as the fact that the engine was under the drivers seat. The procedure for elevating the roof very complicated. During discussion with the salesman it was claimed that the vehicle was sold as a demonstration model, something that my father claims not to have been made aware of at the time of sale. On the basis of the defects found my father rejected the van and it was taken back to their premises.

 

 

After taking advice from Citizens Advise we wrote to them claiming that under the Sale of Goods Act 1979 the vehicle was not as described and not of acceptable quality and demanded a refund of the full amount paid. My father received a very angry response this week claiming that the vehicle was clearly marked as a demonstration model. It suggested that we had accused them of high pressure selling tactics - this has never been claimed in any communication with them. It also claimed that the defects found were minor and that the vehicle is of acceptable quality & fit for purpose. As a gesture of goodwill they have rectified the faults and they are asking him to make arrangements to collect the vehicle.

 

 

Advise from CAB is that we write back and say we are not satisfied with their reply but I don't know were this will get us. Could we have any claim to cancel the contract under the "off premises contract" regulations?

 

 

Sorry this is a bit long winded but any help will be most appreciated as this is causing the whole family a lot of stress with both my parents being ill with cancer. thanks

[SabreSheep]

Hi welcome to CAG

 

I have moved your thread to the motoring retailers and manufacturers forum so that there is an increased chance of you getting a response.

 

No need to do anything your end, this is an administration move, please continue to read and post to this thread

 

Regards

 

SS

[dx100uk]

it doesn't matter the van was a demo model etc

doesn't change your rights under SOGA.

 

 

dx

[Conniff]

Hello Beckwith.

 

 

First off would you like to name the seller please.

 

 

 

 

... immediately on inspection my parents & sister noticed a number of defects, scratches, rust etc...

Unfortunately what doesn't go in your favour is you can't make a complaint about a fault if that fault was visible and/or should have been noticed at the time of purchase. The fact you did not examine the car is not a responsibility of the seller.

 

 

I would say your only recourse is the description as new when the paperwork shows it to be a demonstration car.

[unclebulgaria67]

If it is the same van that was at the show, it was obviously a demonstration model. It can be described as new as it had not been registered with DVLA. The price of the van was less than the standard sale price to reflect it was a demonstration vehicle.

 

As far I am aware, the dealer has to be given the opportunity to fix the faults and it cannot just be rejected. If they repair the faults, then the contract stands.

[Conniff]

"off premises contract"

 

 

As it was a trade show, I'm not sure if it could be classed as 'off' trade premises. Granted is was not their normal place of business. I think you would need the help of a solicitor for that one.

[unclebulgaria67]

Found this. Looks like a trade fair is seen as away from the organisations usual premises.

 

"The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulation 2008 aims to protect anyone who may have entered into an agreement a cooling off period of 7 calendar days during which time the consumer has the right to cancel. This regulation extends to purchases made at a trade fair, where business is taking place away from the organisation’s usual business premises.

 

In addition the seller is required under the Regulation to provide the consumer with clear written notice of their 7 day right to cancel. This notice, which cannot be in the form of small print, or otherwise disguised, must also provide a cancellation form and advise the consumer of how to and to whom a notice of cancellation is to be made. A contract to which these Regulations apply shall not be enforceable against the consumer unless the trader has given the consumer a notice of the right to cancel and the information required in accordance with the Regulation."

[Conniff]

That's brilliant UB. I think the op should be happy with that.

 

 

Is there a link for that ?

[unclebulgaria67]

There are some arguments that could be made, but I am still unsure whether the faults can be rectified and the contract honoured. Even with a demonstrator I would not expect ant rust on a newish vehicle.

 

 

"The Consumer Protection from Unfair Trading Regulations 2008 (which repealed some but not all requirements of the Trade Descriptions Act) and the Business Protection from Misleading Marketing Regulations 2008 - all descriptions, including those that are verbal, written, implied or given in an illustration, must be accurate and not misleading. Find information on the rules protecting consumers and businesses on the Department for Business, Innovation and Skills (BIS) website.

 

The Sale of Goods Act - this states that all goods or services must match the description given, be fit for their purpose and be of satisfactory quality."

[Beckwith]

Hi all thanks for the help so far,

 

 

Re: "Consumer Protection from Unfair Trading Regulations 2008" this was replaced by "The Consumer Contracts Regs 2013". I have read this in great detail and believed that we had a good case to cancel the contract under the "off-premises contract" part of the regs. However, advise from CAB is that if the seller regularly attended trade fairs as part of their normal business it would be argued that the contract is classed as an "on-premises" one. The CAB also advised that no legal precedent had been set to argue against this. Unfortunately I think my fathers options are limited.

[Conniff]

Please keep in mind that CAB are not all qualified to give legal advice, they are mainly volunteers just like this site, they have been proved wrong many times.

So we could also say there is no legal precedent the other way either.