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
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