Car deposit - what's my legal position

Lemonade_Pockets

What your saying and what the other people said on the link you posted does make sense.

My nigling doubt is I just can't imagine that the dealers would leave themselves wide open if everything you have deduced is correct. When the terms and conditions for a order are first drafted they are obviously done with someone with a bit of legal know how and i always thought they were pretty water tight.

Luckily when i was in the trade i never had a customer were i was required to delve this deep in contractual law. So i've never seen the CCA or conditions of sale tested to this extent.

For what its worth i feel for the dealer because if you are right ultimately they will lose out if you are right and have the full £3000 refunded. However on the flip side equally i think it would unfair for them to retain the full £3000 if they have the bases covered.

Anyway enough speculating what did the dealer say?

Hintza

I'm still not convinced about all this. OP you say you haven't changed your mind but you seem to be doing your utmost to wriggle out of the deal.

I still think the dealer is the innocent party here. The dealer is not going to roll over on this as I imagine if the deal doesn't go through he is looking at a substantial loss. I imagine the car has been registered and as such will be losing money every day. The longer this is left unresolved the more expensive it is and I suspect that the dealer will be taking you to court soon over breach of contract.

If you think you have case I suggest you hire a lawyer.

Wig

You've made the case very well, and the other forum stumac, and friends have confirmed it is so.

Section 70,(3) means you can demand your money back from the creditor, and they can in turn fight the supplier for the return of the deposit (they refunded to you)
subsection (4) allows the creditor to recover from the supplier any defence costs, they incurred in defending themselves from a claim of the debtor.

It would seem to me that you are well versed, and you might like to send a letter to the dealer outlining some basic facts, and request a full refund of monies paid (inc fees for the finance if there was any). Remind them that the finance co. is jointly liable and that you will also persue the finance co. if the dealer does not refund you in full. Remind the supplier that if you persue the finance co. that the finance co. can in turn recover any monies paid to you from them (the dealer) and they can also recover any costs they incur (which could be substantial - no need to say why) from them (the dealer).



The only thing, and I did not see it mentioned in the act, is that the guy on the other forum mentioned that if the agreement stated the deposits were non refundable the CCA get out, does not apply.

So you need that clarified by someone who knows and of course need to read the paper work to see if it mentions the deposit is non refundable.


Looks like a strong case, so please keep us informed. especially the final outcome.

liquidbutindebt

Wig wrote: »

The only thing, and I did not see it mentioned in the act, is that the guy on the other forum mentioned that if the agreement stated the deposits were non refundable the CCA get out, does not apply.

So you need that clarified by someone who knows and of course need to read the paper work to see if it mentions the deposit is non refundable.

The paperwork does state (handwritten) that the deposit is not refundable. However, the paperwork also states that it does not affect my statutory rights. In fact, in my view, this term is there to indemnify the dealer from a claim I could make about the non-refundable deposit term being illegal (in my particular case). The rights accorded to me by CCA are statutory, so I consider that contract term void.

liquidbutindebt

Hintza wrote: »

I imagine the car has been registered and as such will be losing money every day.

They have not had any insurance details from me.

Wig

I agree it would be void, if was not infact a get out of your rights under CCA.

If they play hardball, it might be worth getting some paid for legal advice and a lawyer to either give you some help to state your case to the small claims court or even attend in person.

Costs are not usually awarded in small claims court but where you can show the defendant acted in unreasonable obstructive manner, and they knew the law was on your side, or you told them and gave them plenty of time to settle, then the judge can sometimes decide to award you costs. Up to a maximum of something like £250.

Lemonade_Pockets

liquidbutindebt wrote: »

The paperwork does state (handwritten) that the deposit is not refundable. However, the paperwork also states that it does not affect my statutory rights. In fact, in my view, this term is there to indemnify the dealer from a claim I could make about the non-refundable deposit term being illegal (in my particular case). The rights accorded to me by CCA are statutory, so I consider that contract term void.

What wig mentioned has been my point all along. Let us know how the dealer responds. Hopefully if you explain your stance they will seek proper advice before responding and as such the reply should be definative.

liquidbutindebt

Lemonade_Pockets wrote: »

What wig mentioned has been my point all along. Let us know how the dealer responds. Hopefully if you explain your stance they will seek proper advice before responding and as such the reply should be definative.

Indeed, I will do!

photome

Whats the latest

liquidbutindebt

photome wrote: »

Whats the latest

Nothing yet, just waiting for the dealer to get back to me.