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    • Scrumpymonkey
    • By Scrumpymonkey 20th Apr 17, 10:18 PM
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    Scrumpymonkey
    Trying to get my deposit back
    • #1
    • 20th Apr 17, 10:18 PM
    Trying to get my deposit back 20th Apr 17 at 10:18 PM
    Last month I was looking at two motorcycles for sale from two different dealers. I place called deposit on both bikes to secure them whilst I viewed the bikes and haggled the best deal. Unfortunately​, after making my decision and buying one of the bikes, the other dealer isn't refunding my deposit.
    They are saying that they were selling the bike on behalf of a customer and that they transferred the money to him. The dealer is saying they are currently unable to contact the seller and can't get my money back.
    Somehow, I don't believe this and even if I did, surely they are still responsible for returning my deposit and then getting the money back from the seller or am I completely mistaken and have to accept I've lost the money?
Page 1
    • wealdroam
    • By wealdroam 20th Apr 17, 10:43 PM
    • 18,648 Posts
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    wealdroam
    • #2
    • 20th Apr 17, 10:43 PM
    • #2
    • 20th Apr 17, 10:43 PM
    Last month I was looking at two motorcycles for sale from two different dealers. I place called deposit on both bikes to secure them whilst I viewed the bikes and haggled the best deal. Unfortunately​, after making my decision and buying one of the bikes, the other dealer isn't refunding my deposit.
    They are saying that they were selling the bike on behalf of a customer and that they transferred the money to him. The dealer is saying they are currently unable to contact the seller and can't get my money back.
    Somehow, I don't believe this and even if I did, surely they are still responsible for returning my deposit and then getting the money back from the seller or am I completely mistaken and have to accept I've lost the money?
    Originally posted by Scrumpymonkey
    Did you have an agreement that the deposit was returnable if the sale wasn't completed?

    Hopefully that agreement is in writing.
    • daytona0
    • By daytona0 20th Apr 17, 11:00 PM
    • 2,237 Posts
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    daytona0
    • #3
    • 20th Apr 17, 11:00 PM
    • #3
    • 20th Apr 17, 11:00 PM
    Do you believe that the dealership has lost any money due to you cancelling this?

    Losing money can include:

    - Turning away customers whilst your deposit was active

    - Checking over the motorbike in anticipation of you purchasing it

    - Moving the motorbike to a convenient venue

    If the answer is yes then you have a fair understanding of why a deposit was paid.

    If the answer is no then I'm a bit baffled as to why you paid a deposit in the first place.

    But alas, you most certainly have the right to pursue this if you so wish. You'd have to send a letter before action and then initiate small claims court action if they simply don't agree to pay you the deposit back. Oh and it is of no concern to your situation if the money has been passed to a third party; that's stupidity on the part of the dealership (but more than likely a lie IMO). Fairly easy and cheap to make a small claims court claim. BUT the dealership will (hopefully) respond with a list of how your actions caused them to lose money/business, and you may only get some/none of your deposit back. Would also be helpful to read your Ts and Cs of anything signed too..
    • SouthUKMan
    • By SouthUKMan 20th Apr 17, 11:14 PM
    • 245 Posts
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    SouthUKMan
    • #4
    • 20th Apr 17, 11:14 PM
    • #4
    • 20th Apr 17, 11:14 PM
    When you pay a deposit for an item, you are agreeing to purchase it and you enter into a contract with the seller. The retailer is within their rights to keep the deposit - unless you agreed specific terms and conditions otherwise (I suspect unlikely). From what you have said, the dealer has done nothing wrong.

    I would suggest that some businesses might be stubborn and keep the money you paid as it is their right to do so - after all, they could have potentially sold the bike to someone else in the meantime if you hadn't messed them about. Others though might write off the experience as 'one of those things' and offer the deposit back in order to maintain goodwill.

    No one one likes to lose money but what you are asking is unfair considering that you willingly entered into two agreements in the full knowledge that you only intended to go through with one of them.
    • bris
    • By bris 20th Apr 17, 11:43 PM
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    bris
    • #5
    • 20th Apr 17, 11:43 PM
    • #5
    • 20th Apr 17, 11:43 PM
    When you pay a deposit for an item, you are agreeing to purchase it and you enter into a contract with the seller. The retailer is within their rights to keep the deposit
    Originally posted by SouthUKMan
    This is true to a certain extent. They do however have to mitigate the loss. They do this by reselling the bike, if they get the same price then there is no loss so the deposit must be returned. Any expense such as re advertising can be deducted from the deposit.


    If however they have to sell it cheaper then the deposit can be used to make up the difference, in fact if the deposit still doesn't cover the difference then they can technically sue the op for their losses.


    Deposits aren't there to just get back if you change your mind (unless the contract says otherwise), they form a legally binding contract on both parties. So if the shoe was on the other foot and they sold the bike to someone else then op would have rights against them.


    The other side to this is the dealership claiming they were selling the bike for someone else. This doesn't make much difference to the OP case but that deposit could very well have been the dealers commission for selling the bike. This can also legally be kept as it for their loss of profit.


    If the OP wants to find out what the situation is with the bike then they can start a small claims action for the deposit to be returned. In this case the dealership has to then present all the evidence of what happened to the bike including what it was sold for (if sold) and any expenses needed to re sell it. The judge will then decide to what extent those losses were mitigated
    • Scrumpymonkey
    • By Scrumpymonkey 21st Apr 17, 2:38 PM
    • 6 Posts
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    Scrumpymonkey
    • #6
    • 21st Apr 17, 2:38 PM
    • #6
    • 21st Apr 17, 2:38 PM
    Wow, some great advice and some rather unpleasant tones in a couple of the replies. I'll just make a couple of points clear for the angry posters;

    1. I didn't mess them about. I was completely honest about the situation of looking at another bike.
    2. I called them less than 14 hours after placing the deposit to inform that I had been offered a better deal by the other dealer.

    Unfortunately, I feel that sometimes as a buyer you are put under pressure to place a deposit just in case another buyer comes along. I had been looking at another bike a few weeks before and didn't put a deposit down whilst I was waiting to complete the sale on my bike. The bike sold before I had the cash which is bad luck and my problem however, when I had sold my bike and was looking at these two, I felt compelled to put a deposit on both to ensure that they didn't sell before I'd seen them.
    Looks like it is my problem to deal with and I appreciate the advice from "some" of the posters. Maybe some of the others could adopt a slightly less "I know everything and you're so stupid" attitude. It seems to be a common problem on this forum.
    • daytona0
    • By daytona0 21st Apr 17, 3:14 PM
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    daytona0
    • #7
    • 21st Apr 17, 3:14 PM
    • #7
    • 21st Apr 17, 3:14 PM
    Wow, some great advice and some rather unpleasant tones in a couple of the replies. I'll just make a couple of points clear for the angry posters;

    1. I didn't mess them about. I was completely honest about the situation of looking at another bike.
    2. I called them less than 14 hours after placing the deposit to inform that I had been offered a better deal by the other dealer.

    Unfortunately, I feel that sometimes as a buyer you are put under pressure to place a deposit just in case another buyer comes along. I had been looking at another bike a few weeks before and didn't put a deposit down whilst I was waiting to complete the sale on my bike. The bike sold before I had the cash which is bad luck and my problem however, when I had sold my bike and was looking at these two, I felt compelled to put a deposit on both to ensure that they didn't sell before I'd seen them.
    Looks like it is my problem to deal with and I appreciate the advice from "some" of the posters. Maybe some of the others could adopt a slightly less "I know everything and you're so stupid" attitude. It seems to be a common problem on this forum.
    Originally posted by Scrumpymonkey
    Who is guilty of the "unpleasant tones" and being an "angry poster"?

    I can only guess it was me because of the use of "alas" and "hopefully" when talking about your right to take the company to small claims court if they keep the deposit. Nobody else has been that "angry" towards you here

    I suppose I was hinting at the possibility that the company have perfectly valid reasons for withholding some or all of your deposit. Remember, there are two sides to 'consumer rights'

    Good luck in getting your deposit back. I would hope that the company are able to cover any costs they have incurred (after mitigating losses).
    • societys child
    • By societys child 21st Apr 17, 3:39 PM
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    societys child
    • #8
    • 21st Apr 17, 3:39 PM
    • #8
    • 21st Apr 17, 3:39 PM
    Deposits work both ways, you wanted the seller to hold it for you until you changed your mind? A bit one-sided.

    • Scrumpymonkey
    • By Scrumpymonkey 21st Apr 17, 3:41 PM
    • 6 Posts
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    Scrumpymonkey
    • #9
    • 21st Apr 17, 3:41 PM
    • #9
    • 21st Apr 17, 3:41 PM
    Who is guilty of the "unpleasant tones" and being an "angry poster"?

    I can only guess it was me because of the use of "alas" and "hopefully" when talking about your right to take the company to small claims court if they keep the deposit. Nobody else has been that "angry" towards you here

    I suppose I was hinting at the possibility that the company have perfectly valid reasons for withholding some or all of your deposit. Remember, there are two sides to 'consumer rights'

    Good luck in getting your deposit back. I would hope that the company are able to cover any costs they have incurred (after mitigating losses).
    Originally posted by daytona0
    No don't worry, yours was a very valid post with an well reasoned explanation
    • wealdroam
    • By wealdroam 21st Apr 17, 4:30 PM
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    wealdroam
    Well if it wasn't Daytona with the unpleasant tones, it must've been me.

    Whatever next?


    p.s. there's alot of sense in societys child's post.
    • bris
    • By bris 21st Apr 17, 4:42 PM
    • 6,721 Posts
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    bris
    Did you have an agreement that the deposit was returnable if the sale wasn't completed?

    Hopefully that agreement is in writing.
    Originally posted by wealdroam
    Nothing wrong with that either, perfectly viable.
    • wealdroam
    • By wealdroam 21st Apr 17, 4:44 PM
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    wealdroam
    Nothing wrong with that either, perfectly viable.
    Originally posted by bris
    Ah... but it wasn't what the OP wanted to hear.
    • Scrumpymonkey
    • By Scrumpymonkey 21st Apr 17, 5:16 PM
    • 6 Posts
    • 1 Thanks
    Scrumpymonkey
    Deposits work both ways, you wanted the seller to hold it for you until you changed your mind? A bit one-sided.
    Originally posted by societys child
    Nope, until I decided. Which was 14 hours after I put down the deposit after clearly discussing with the dealer that I was looking at the other bike. Where-upon I was encouraged to put a deposit down as there was "lots of interest" in the bike and "just in case".

    The moral of the story is, I shouldn't have felt pressured into putting the deposit down. If the bike had sold before I'd made my decision, then I wasn't supposed to have it.

    Lesson learned but it doesn't stop many sales staff using this tactic to pressurise individuals to place a deposit.
    Last edited by Scrumpymonkey; 21-04-2017 at 5:22 PM.
    • societys child
    • By societys child 21st Apr 17, 8:51 PM
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    societys child
    What's the point of a deposit? It's supposed to be an agreement between too intelligent beings. A promise by one to buy, and by the other, not to sell to someone else. IMO you reneged on your side of the deal.

    You also seem at believe that a salesman isn't supposed to sell, it's not a tactic, it's part of any business, it's how the real world works.

    • pinkshoes
    • By pinkshoes 21st Apr 17, 9:01 PM
    • 15,096 Posts
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    pinkshoes
    Nope, until I decided. Which was 14 hours after I put down the deposit after clearly discussing with the dealer that I was looking at the other bike. Where-upon I was encouraged to put a deposit down as there was "lots of interest" in the bike and "just in case".

    The moral of the story is, I shouldn't have felt pressured into putting the deposit down. If the bike had sold before I'd made my decision, then I wasn't supposed to have it.

    Lesson learned but it doesn't stop many sales staff using this tactic to pressurise individuals to place a deposit.
    Originally posted by Scrumpymonkey
    Back to the point, as some are being a little pedantic...

    The shop needs to mitigate their lossess.

    If they told the OP that there were LOTS of people interested so he needed to put down a deposit, and he OP made it clear he was looking at another bike, then the actual losses will be almost zero! The cost of a phone call to one of the other interested buyers...?

    (Or perhaps the shop lied about the other buyers??)
    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!)
    • LilElvis
    • By LilElvis 21st Apr 17, 9:29 PM
    • 3,054 Posts
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    LilElvis
    Nope, until I decided. Which was 14 hours after I put down the deposit after clearly discussing with the dealer that I was looking at the other bike. Where-upon I was encouraged to put a deposit down as there was "lots of interest" in the bike and "just in case".

    The moral of the story is, I shouldn't have felt pressured into putting the deposit down. If the bike had sold before I'd made my decision, then I wasn't supposed to have it.

    Lesson learned but it doesn't stop many sales staff using this tactic to pressurise individuals to place a deposit.
    Originally posted by Scrumpymonkey
    Presumably part of this discussion involved what would happen to the deposit should you choose not to buy? What did the dealer tell you/put in writing?
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