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How to prevent loss of my deposit?

On Sunday, I put a deposit down on a second hand car and was going to use my current car for part exchange.

On Monday evening, someone drove into the back of me, while I had stopped for a red light. On telling the company I'm buying the car from, they will no longer go take my car as part exchange. Thus I can't buy the car I wanted but they won't refund my deposit.

My question is, can I get my deposit refunded if the car dealer refuses? The accident wasn't my fault, so why should I lose the deposit?

Any help greatly appreciated.

Thanks

Comments

  • Wig
    Wig Posts: 14,139 Forumite
    Sorry I don't know enough to help.

    1, borrow the money to buy the car.

    2, A long shot but if the contract allows the seller to back out of the deal for any reason and a return of the deposit, and you are not afforded the same luxury then that would be an unfair contract.
  • rchddap1
    rchddap1 Posts: 5,926 Forumite
    If that fails I would talk to your insurance company explaining the problem. Perhaps your deposit that you've lost can be added to your claim.
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  • Though I'd post an update to my predicament.

    I phoned the Insurance legal service and they were unable to deal with my issue. They deal with such issues as personal injury. My issue with losing my deposit is a consumer issue. They said the insurer has to deal with the loss.

    I went back to my insurer who would have nothing to do with the deposit claim as part of the insurance claim. So basically, I lose out totally. Not a happy situation :mad:

    Thanks for earlier comments
  • Does your insurance include, or have you paid a little extra, for legal services related to motoring events? Ie just the situation you are in.
  • Wig
    Wig Posts: 14,139 Forumite
    Borrow the money from your bank.

    Ask legal assistance, is this not a direct loss I will incur as a result of this accident, will you not recover my losses and expenses in my claim against other driver?
  • I have phoned the legal assistance people associated to my insurance. The deem it to be a consumer issue and therefore outside their remit. It seems like just an excuse to me.

    This is a direct loss as a result of the accident. I'm going to insist the loss is included. Otherwise, what am I paying insurance for? It's all very frustrating partically when I was crashed into while stationary at a red led from behind.

    Thanks for the support though fellow moneysavers.
  • Despite being told I'd lose my deposit at every step, I was given £600 of my £800 deposit back. Under the cirmcumstances, I'm relieved. I really thought Car Giant would pocket all of the money.

    I basically asked for proof of the loss to send as evidence to my insurance company. After some discussion in an office between the staff, that's when the refund was offered. Goodwill I was hoping for, but was not expecting.
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