Car deposit - what's my legal position

LinasPilibaitisisbatman

You did not have a credit agreement with the dealer so irrelevant to your dealings with the dealership

And you didnt initiate a credit agreement with the finance company thus again pointless.

You seem to be missing the point you didnt have a credit agreement with either party therefore the protections of the CCA are not relevant to you.

liquidbutindebt

LinasPilibaitisisbatman wrote: »

You did not have a credit agreement with the dealer so irrelevant to your dealings with the dealership

And you didnt initiate a credit agreement with the finance company thus again pointless.

You seem to be missing the point you didnt have a credit agreement with either party therefore the protections of the CCA are not relevant to you.

Okay, so did you read any of that at all? Try again, my very first paragraph above:

"The first principle to establish is whether the Act applies at all. This is covered in section 56 where it talks about antecedent negotiations, or basically, negotiations entered into prior to the signing of an actual agreement."

So regardless of whether the agreement was in place, the Act DOES apply. This is very clear in the wording of that Act which I have provided for your convenience.

liquidbutindebt

LinasPilibaitisisbatman wrote: »

If you know it all go and sue then instead of asking for advice then arguing against it.

You got a finance quote, valid for 3 months, you let the 3 months lapse, if you honestly think any court is going to back you on that the contract is binding or the CCA applies you are a muppet.

If only you were giving advice rather than being insulting then I might agree. Let me be clear about this. The fact that the finance quote lapsed was NOT in my control. It was dependent on the dealer receiving the vehicle. I did also submit a second application to the finance company, but they refused credit.

LinasPilibaitisisbatman wrote: »

As for the car dealer, thats all very seperate, you agreed to purchase a car, and that you would settle with them in full, how you planned to do that, was irrelevant.

Separate how exactly? They would not order the vehicle without finance approval in place. They were to invoice the finance company directly for the balance of cost of the vehicle. They kept the finance company updated as to progress of the sale. This is clearly defined as a debtor-creditor-supplier agreement in the Consumer Credit Act.

LinasPilibaitisisbatman wrote: »

If you had used their finance company fair enough, but you didnt, why should the dealer make a large financial loss because of your incompetence?

How does using their finance company make any difference whatsoever? I think this shows a clear misunderstanding of the law on your part. Why are you assuming the dealer is going to make a large financial loss?

Finally, how is calling someone a muppet helpful exactly? I notice you are in the habit of insulting people who post here in many of your other posts.

Lemonade_Pockets

You haven't answered my previous question which was did the order form relate to a cash sale or not?

Assuming it did the CCA has nothing to do with it as pointed out by Linas.........

If it didn't (if it mentioned a balance to finance or similar) i still think your in murky water in terms of wether you can get your deposit back. You might be able to reclaim some or all of the deposit because the dealer cannot complete the deal under the original terms of business.

Regardless at this stage i don't believe the CCA has anything to do with your situation. The bit regarding refunding all monies paid etc. Refers to your right to cancel the credit agreement once you've signed it.....and this is only if you signed the agreement away from the companies premises (in your home). But obviously you are not in this situation. Even in this instance you would still be liable to the dealer for your deposit + probably the full balance if you'd taken delivery of the car.

I'm not an expert on it by any means so i stand to be corrected by anyone who is familiar with the CCA. But i think you've got the wrong end of the stick. I'd be concentrating your efforts on reading the small print on the dealers order form.

If i'm wrong then you've found the holy grail.
Anyone who's bought a car left a deposit with intention of financing the balance. Can at any point before taking delivery, change their mind ring up the finance company cancel the (proposed) credit agreement and demand full repayment of the deposit from the dealer under CCA.

Lemonade_Pockets

FYI. The dealer will have already made a loss soley on the basis that it has to pay the wages of all the people that have spent time looking after an order that hasn't completed. I.e. the salesman and admin staff. Also since you still haven't picked the car up, they are probably being charged interest on daily rate for a car that they wouldn't of ordered otherwise. I would go on but i think you get the picture.

liquidbutindebt

Hi Lemonade Pockets,

In the context of the right to cancel according to CCA if I HAD signed the agreement (in my home, which would've been the case) I would have had a right to cancel and a right to my entire deposit back.

Whether the sale form was a cash sale or not is a technicality I think because the dealer has already admitted to me in writing that he was aware the balance was to be funded by finance.

The Act is very clear about rights with regard to prospective agreements. It makes complete sense that you are afforded a right to cancel prior to signing an agreement and that monies deposited are due for return in similar fashion. Otherwise the CCA would be quite bizarre, requiring someone to sign an agreement (incurring further cost for all parties) before affording them the right to cancel.

This is backed up by other posts out there and I believe the holy grail you refer to actually exists albeit is not well known. Check out this post, particularly the ones by stumac - his experience reflects what is stated in the CCA:

http://www.moneysupermarket.com/community/forums/t/getting-my-car-deposit-back-7912.aspx

Lemonade_Pockets

It was my understanding that you would be entiled to any deposit paid in relation to finance agreement less any deposit paid to the dealer to secure the order.

Well i'd go to the dealer armed with that and see what they say. Especially if they have acknowledged your finance requirements in writing.

Be sure to let us know how you get on. I'm still not 100% convinced but as they say the proof is in the pudding.

I can't help but think that there's something we/you have missed. Because basically whats the point of taking a deposit from any customer thats on finance if they can wriggle out scot free!!!
I personally think the T+C's on the order form may have caused you to inadvertently give up your rights to the deposit.

I await your finding's with interest its nice to learn something new.

liquidbutindebt

Further, the order form does not mention cash purchase but DOES show "Amount due from Finance Co.".

Lemonade_Pockets

Ok well you might have a chance then because you could view it that the dealer is cancelling the contract because it cannot complete under the original terms.

Otherwise i think its gonna come back the t+c's on the order form and i bet it says something like "in the event of cancellation the dealer reserves the right to recover any cost incurred from the deposit."
I'm now not sure since you've churned up all that stuff about CCA. But i think by signing the order form the terms and conditions of the order now supersede CCA.

Good luck and it will be interesting to see how you get on.

liquidbutindebt

I agree, an interesting one. On signing the order form, again, don't think it matters. You can not sign away your statutory rights, no matter how much the dealer might like to think you can. As CCA is law and is on the statute books, be definition, the rights enshrined within are statutory and so take precedence.