Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • pvsol
    • By pvsol 4th Feb 10, 11:40 AM
    • 139Posts
    • 27Thanks
    pvsol
    Help paid deposit on car but dont want to proceed
    • #1
    • 4th Feb 10, 11:40 AM
    Help paid deposit on car but dont want to proceed 4th Feb 10 at 11:40 AM
    Hi, went into a local used car dealer at the weekend and saw a car I liked, to be honest they told me that if I didnt leave a deposit then they would sell the car to someone else that they had interested in it and foolishly I fell for it and paid them £1000 by credit card. I didnt sign anything.
    I have changed my mind and wondered if I had any rights to the deposit back or have I just lost that??

    Many thanks.
Page 1
  • voiceofreason
    • #2
    • 4th Feb 10, 11:46 AM
    • #2
    • 4th Feb 10, 11:46 AM
    No mate.

    I think that's the point of a deposit, you see?

    You're well f*cked
  • cyberbob
    • #3
    • 4th Feb 10, 11:47 AM
    • #3
    • 4th Feb 10, 11:47 AM
    If its a non refundable deposit no you don't.
    • Mankysteve
    • By Mankysteve 4th Feb 10, 12:13 PM
    • 4,120 Posts
    • 2,926 Thanks
    Mankysteve
    • #4
    • 4th Feb 10, 12:13 PM
    • #4
    • 4th Feb 10, 12:13 PM
    Why would you leave a deposit without signing anything? And no you don't have a chance.
    • Tozer
    • By Tozer 4th Feb 10, 1:21 PM
    • 3,355 Posts
    • 2,100 Thanks
    Tozer
    • #5
    • 4th Feb 10, 1:21 PM
    • #5
    • 4th Feb 10, 1:21 PM
    Plenty of cases where holding onto a deposit in situations where it would penalise the buyer is unfair. Can car be readily resold? How much was it for?
    • pinkshoes
    • By pinkshoes 4th Feb 10, 1:50 PM
    • 14,473 Posts
    • 19,437 Thanks
    pinkshoes
    • #6
    • 4th Feb 10, 1:50 PM
    • #6
    • 4th Feb 10, 1:50 PM
    If they didn't get you to sign something (to say that you agree to pay the balance in X days etc...), then you could try and use this to your advantage i.e. if they then go ahead and sell the car to someone else, they have to give you back the £1000.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • Hintza
    • By Hintza 4th Feb 10, 2:06 PM
    • 18,407 Posts
    • 12,516 Thanks
    Hintza
    • #7
    • 4th Feb 10, 2:06 PM
    • #7
    • 4th Feb 10, 2:06 PM
    What happened to "My word is my bond"?

    Then we wouldn't need deposits. If you have agreed to buy something then you should go back and complete the purchase. If you wern't sure then you should have said I will sleep on it.

    But folk want it all ways.

    IF YOU ARE NOT SURE THEN DON'T LEAVE A DEPOSIT

    (sorry just a rant )
    Truth is like poetry. Most people don't like poetry!
    • hartcjhart
    • By hartcjhart 4th Feb 10, 2:08 PM
    • 8,549 Posts
    • 10,725 Thanks
    hartcjhart
    • #8
    • 4th Feb 10, 2:08 PM
    • #8
    • 4th Feb 10, 2:08 PM
    Hi, went into a local used car dealer at the weekend and saw a car I liked, to be honest they told me that if I didnt leave a deposit then they would sell the car to someone else that they had interested in it and foolishly I fell for it and paid them £1000 by credit card. I didnt sign anything.
    I have changed my mind and wondered if I had any rights to the deposit back or have I just lost that??

    Many thanks.
    Originally posted by pvsol

    fell for it? for all you know they may have had someone else,apart from that the garage are well within their rights to keep the deposit,wether you signed anything does not matter,
    deposits are taken to try to stop people changing their mind
    • bazster
    • By bazster 4th Feb 10, 2:55 PM
    • 7,326 Posts
    • 9,448 Thanks
    bazster
    • #9
    • 4th Feb 10, 2:55 PM
    • #9
    • 4th Feb 10, 2:55 PM
    The only thing you can do is to ask them nicely, but if they say "no" then you either proceed with the purchase (and either use or sell the car) or you kiss goodbye to £1,000.
  • Anihilator
    The law around deposits is that they cannot legally be non refundable.
    The garage can withhold it to cover their damages though due to your breach of contract.

    In order to do this they would have to quantify their losses.

    They have to mitigate their losses however if they can no longer sell the car at the same value they can dock your deposit by this amount along with reasonable admin costs for relisting etc

    Morally you took the !!!! and have caused a great deal of hassle and wasted time, resources and potentially lost them sales.
    • bazster
    • By bazster 4th Feb 10, 3:17 PM
    • 7,326 Posts
    • 9,448 Thanks
    bazster
    Once again Anihilator chimes in with the definitive legal position. Thanks!
    • hartcjhart
    • By hartcjhart 4th Feb 10, 4:39 PM
    • 8,549 Posts
    • 10,725 Thanks
    hartcjhart
    firstly have a look at this from trading standards

    http://www.tradingstandards.gov.uk/Kent/factsheets/FS5NEW%20nov07%20refunds.pdf



    [if they had a buyer lined up, why wasn't it sold, why didn't it have a deposit on it already, why wasn't it a £50 deposit, why was no contract signed? ]

    perhaps the other buyer had to sell their car?the OP agreed to pay £1000

    No contract needed to be signed at that time,although a receipt should have been issued
    • Equaliser123
    • By Equaliser123 4th Feb 10, 5:33 PM
    • 3,312 Posts
    • 2,482 Thanks
    Equaliser123
    Once again Anihilator chimes in with the definitive legal position. Thanks!
    Originally posted by bazster
    Not really. It all depends on the circumstances. As others have said, if to retain it would constitute a penalty (i.e. not a genuine pre-estimate of the loss likely to be suffered in the OP not proceeding with the contract) then the deposit can be reclaimed in full.
    • bazster
    • By bazster 5th Feb 10, 5:46 AM
    • 7,326 Posts
    • 9,448 Thanks
    bazster
    Not really. It all depends on the circumstances. As others have said, if to retain it would constitute a penalty (i.e. not a genuine pre-estimate of the loss likely to be suffered in the OP not proceeding with the contract) then the deposit can be reclaimed in full.
    Originally posted by Equaliser123
    How is that different to what Anihilator said?
    • Tozer
    • By Tozer 5th Feb 10, 10:09 AM
    • 3,355 Posts
    • 2,100 Thanks
    Tozer
    How is that different to what Anihilator said?
    Originally posted by bazster
    Anhilator said: "The law around deposits is that they cannot legally be non refundable."

    It isn't that straightforward. Cases go either way depending on whether the retention of the deposit would act as a penalty.
    • Hintza
    • By Hintza 5th Feb 10, 11:04 AM
    • 18,407 Posts
    • 12,516 Thanks
    Hintza
    You also have to price in risk for unforseen events. Extreme example:-

    Take the Toyota recalls these could result in all Toyotas being declared scrap (not likely I know) and thus the value of all other cars would rise say 20%.

    If the buyer has left a deposit he obviously buys at the agreed price if the car is not a Toyota.

    If the car is a Toyota he then walks away thanking his lucky stars it was only the deposit.

    Anyway you get my drift and risk should be priced into any deposit along with interest rates.
    Truth is like poetry. Most people don't like poetry!
    • bingo bango
    • By bingo bango 5th Feb 10, 11:17 AM
    • 2,371 Posts
    • 1,386 Thanks
    bingo bango
    The civil position has already been touched on here, but there may also be a criminal aspect to this. If so, TS investigating may elicit a refund from the dealer on 'good faith' grounds.

    The possible offence is under Reg 12 of The Consumer protection from Unfair Trading Regs 2008. This section specifies that offences are created for banned practices listed in schedule 1, and number 7 in that list is:

    7. Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.

    TS would need to prove that there was no other buyer in order to prosecute, but as a strict liability offence, the trader will have a tough time providing a defence. This part of the legislation is there specifically to stop traders from pressurising a consumer into a sale.

    As I have said, this does not mean TS can get you the deposit back. You should still report the matter to them anyway.
    I would then hope that the trader sees sense and returns your deposit, or at least the bulk of it. This may hopefully negate the need for a civil action by OP.
    Last edited by bingo bango; 05-02-2010 at 11:19 AM.
Welcome to our new Forum!

Our aim's to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,545Posts Today

5,535Users online

Martin's Twitter