Erroneous Description and Subsequent Illegal Sale of an Autocruise Starblazer Motorhome by Marquis Motorhomes
June - July 2014

Note for the Marquis Group Aftercare Manager

Barry and Margaret Williamson

Start with: Introduction and Overview

The Previous File: The Initial Account of Events and Complaints

The Next File: Ultimatum from the Group Aftercare Manager

See all Nine Files at: Marquis Malpractice  

This is the almost unbelievable story of how Marquis Motorhomes failed to deal with any of the several complaints we made arising from their mis-advertising and mis-selling of an overweight motorhome from their South Yorkshire branch and how they refused to refund the money we had paid without inordinate delay and draconian conditions. 

This note was accompanied by our Initial Account and Complaints

Worksop
14 July 2014

Dear John

Return of Autocruise Starblazer Motorhome

We regret that we were not able to reach agreement this morning following your acceptance that the Autocruise Starblazer motorhome could be returned, but only in exchange for another motorhome. This is not the legal position. We proposed that you reverse the sale by returning to us the money we paid and the Lunar Quasar caravan you took in part exchange.

You refused, although this is our legal right under government law and regulation. We attach a sample of our findings on this subject from a brief browse of the web ('Fit for Purpose and Advertising').

We also attach the full account of events leading to the purchase of the motorhome, their implications and our comments, which we gave you as a printout this morning ('Marquis Statement').

You asked us to put into writing our request, which is very simple: what we are due as a statutory right under the Sale of Goods Act (1979) and subsequent legislation and regulation. That is, a full refund against the Autocruise Starblazer motorhome being returned to you. You will have to collect it, since it is illegal for Barry to drive it!

However:

If your unwillingness to return the caravan to us is based on the consequent loss of the considerable profit you would make from selling it, may we suggest an alternative. You allowed £8,500 in part-exchange; you planned to sell the caravan for £11,495, a margin of £2,995 (or 35%).

Instead of returning the caravan to us, we would accept a refund of the £8,500. This would make the total sum due to us: £27,098.50

Alternatively, the refund due would be £18,598.50 plus the return of our caravan.

If you accept either of these options, we would make no further claim for the extra expenses we have incurred. These will include the cost of taking out and then cancelling two insurance policies (one with Safeguard on the Autocruise Starblazer, and one we had to reinstate on our VW Crafter van); the delayed and perhaps lost sale of the VW; and the cost of prolonging our stay in the vicinity of Dinnington.

We look forward to your reply when you have considered both options, and would be willing to meet again if that would facilitate the process.

If we fail to make progress at this stage, you must send us a copy of Marquis's official complaints procedure. Forwarding complaints to the organisation via yourself would not be appropriate. The next stage of a competent complaints procedure would enable us to make direct contact with a disinterested third party to consider the facts and give an objective opinion. It also opens up the way for us to consult outside bodies such as the Trading Standards Office in Mansfield. Obviously, we would much prefer a conclusion on a friendly basis, not involving any other people, and to this end we are offering you two possible strategies.

Yours sincerely

Barry and Margaret Williamson
www.magbaztravels.com
www.magbazpictures.com

Start with: Introduction and Overview

The Previous File: The Initial Account of Events and Complaints

The Next File: Ultimatum from the Group Aftercare Manager

See all Nine Files at: Marquis Malpractice