Deposit paid by Card, cant get refund!!

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I have paid a deposit on Barclaycard for a car and now a week later can't proceed with the transaction. I have asked the retailer to refund my money, but they refuse. I did sign an invoice that said that deposits were non-refundable, but was lead to believe that this was not legal to hold me to this.
Barclaycard don't want to help because of the 'non refundable invoice'.

Who is right? Do they have the right to hold onto my money?

The retailer hasn't removed any of the advertising for this car, but he has said he put the car into the workshop for some cosmetic work. In my opinion he would have had to do this anyway to sell the car to anyone.

Any advice?
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Comments

  • Moon_Boi
    Moon_Boi Posts: 101 Forumite
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    hkp wrote: »
    I did sign an invoice that said that deposits were non-refundable, but was lead to believe that this was not legal to hold me to this.
    Barclaycard don't want to help because of the 'non refundable invoice'.

    Do they have the right to hold onto my money?


    YES, they can keep your money.
  • normanmark
    normanmark Posts: 4,156 Forumite
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    Yes the car company has every right to hold onto the money, if you've signed an invoice that the deposit is non-refundable then that's what it is.
  • Inactive
    Inactive Posts: 14,509 Forumite
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    hkp wrote: »


    The retailer hasn't removed any of the advertising for this car, but he has said he put the car into the workshop for some cosmetic work. In my opinion he would have had to do this anyway to sell the car to anyone.

    Any advice?


    Not true, he may well have sold the car within the trade and would not have then rectified the faults.


    You entered an agreement of your own making, you will most likely lose your non refundable deposit.
  • exel1966
    exel1966 Posts: 4,978 Forumite
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    Barclaycard are not liable just because you've changed your mind.

    The whole idea of leaving the non-refundable deposit is to give the dealer some kind of insurance if you change your mind. The car would have been removed from sale to anyone else during that time meaning potential buyers could have been lost.
  • Nigella_2
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    Check that there is not a cooling off period.

    Also check with Consumer Direct that the contract is legal. 08454 04 05 06

    Finally, if no other option consider whether you would lose more by losing the purchase deposit or continuing to buy the car.
  • hkp
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    Nigella wrote: »
    Check that there is not a cooling off period.

    Also check with Consumer Direct that the contract is legal. 08454 04 05 06

    Finally, if no other option consider whether you would lose more by losing the purchase deposit or continuing to buy the car.

    Thanks for this. I have logged a case with them.
    Just wondering if the contract is legal? It does say on the invoice that thier company terms and conditions apply. At no point was I shown these or sign to agree with these. Does that make any difference?
  • normanmark
    normanmark Posts: 4,156 Forumite
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    Surely you should of looked at those before signing?
  • hkp
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    normanmark wrote: »
    Surely you should of looked at those before signing?

    Stable door, horse.........

    It wasnt pointed out to me at the time, I only discovered it later.
  • normanmark
    normanmark Posts: 4,156 Forumite
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    Well no offense, you should of checked everything before signing. What you basically put pen to paper on, would of stated that you agree with the terms & conditions. As soon as that happens, the deposit money is with the company now. You have no leg to stand on in terms of refunds of section 75 as by you signing it, you've agreed to terms & conditions they state.
  • bigstevex
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    Its upto the buyer to read what they are signing not the seller to read through them all for you. If you signed a non refundable deposit agreement then you lose your money. Put yourself in their shoes!
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