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How much of my deposit am I entitled to have handed back?
As some of you are already aware I put down a deposit on a secondhand car rather hurriedly last week. £200 to be exact.
I decided not to have the car and when I told the guy this he and his business partner offered me £100 back. Now I was hoping and expecting more like £150! :money:
What should I reasonably be able to recover do you think?
I'm a bit peeved at losing such a lot of money over the space of less than a week. Although I do appreciate they didn't advertise the car thinking I was going to purchase and therefore, I unwittingly wasted their time!:o
Perhaps the answer is, I shouldn't have offered such a large deposit in the first place! Hindsight is such a wonderful thing?!!
So what would you demand back and how would you go about getting a better return if you think that is possible?
Thanks
I decided not to have the car and when I told the guy this he and his business partner offered me £100 back. Now I was hoping and expecting more like £150! :money:
What should I reasonably be able to recover do you think?
I'm a bit peeved at losing such a lot of money over the space of less than a week. Although I do appreciate they didn't advertise the car thinking I was going to purchase and therefore, I unwittingly wasted their time!:o
Perhaps the answer is, I shouldn't have offered such a large deposit in the first place! Hindsight is such a wonderful thing?!!
So what would you demand back and how would you go about getting a better return if you think that is possible?
Thanks

Be kinder than necessary, for everyone you meet is fighting some kind of battle. :A
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Unfortunately, if this is a private sale then the seller dictates what he wants to give back - if anything. Personally I only ever give a deposit of £50 max, to show you are serious, and then ask for a receipt which has written down some conditions such as, the seller keeps the deposit if I don't buy the car, I get the full deposit back if he sells the car before I buy it etc etc. Both seller and buyer sign this.
If I was the seller and this happened to me I would probably give the whole lot back as these things happen. Unless I had been really messed around by the buyer that is.
If this was a business sale then I assume you signed some contract which has terms and conditions about the deposit.0 -
No, small business. Just given a receipt for the deposit signed nothing regarding terms of deposit being returned in event of not purchasing vehicle.
I am so mad at myself for panicking as I did, I wish I'd actually engaged in a bit of robust joined up thinking at the time, but without a car it's impossible for me to get into work, I need two buses which don't reach my workplace in time for me to work the shift patterns I need to work 12 miles from my home, so I panicked and handed him the money so as not to lose the car if I couldn't find anything else suitable within a matter of days!
THAT'LL TEACH ME!!!:mad::o:o:o:o:o:o:o
I gave him the deposit which he wrote a receipt for it at close of business on Tues, nothing was signed by me, no terms discussed or agreed about return of deposit, (although that would be my word against his if he wanted to get funny, wouldn't it as I had no witnesses to this transaction?!!):o
I returned on the Thursdsya to say I didn't want the car therefore, how much of my deposit could I expect back? He and his business partner agreed later that day to £100!! and said if I came back at a later date to buy a car from them, they would deduct a £100 from the price of the car.......... but I won't be going back now I have the car I have?!:rolleyes:
What are my legal right, do I have any?I assume having not agreed terms before handing over the money, I am completely at his mercy?!!:o:rolleyes:.....How to make a complete and utter fool of yourself in a few mindless panicky minutes!!!!:mad:
Be kinder than necessary, for everyone you meet is fighting some kind of battle. :A0 -
You are lucky to be getting anything back. If a deposit was meant to be refundable then what would the point be on deposits?0
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Yeah, that's why I feel so stupid for offering that amount!:oBe kinder than necessary, for everyone you meet is fighting some kind of battle. :A0
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In many instances deposits are reclaimable. You would need to demonstrate that the loss of the deposit is acting as a penalty against you for pulling out of the contract to purchase.
Penalties are not enforceable under English law.0 -
A deposit is more lie an option to buy and not a penalty. You pay the option (deposit) to have the right to buy the goods (car) at n agreed price over a specific timescale. The only difference being the option is deducted from the final price.0
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In many instances deposits are reclaimable. You would need to demonstrate that the loss of the deposit is acting as a penalty against you for pulling out of the contract to purchase.
Penalties are not enforceable under English law.
I would suggest that its covering the sellers readvertising fees, time and effort. I've had this happen to me before and it is such a PITA. Apart from anything, if you're relying on the cash from the sale for something else, then not getting it can have a severe impact.0 -
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I would suggest that its covering the sellers readvertising fees, time and effort. I've had this happen to me before and it is such a PITA. Apart from anything, if you're relying on the cash from the sale for something else, then not getting it can have a severe impact.
Agreed. That's why I said that the OP would need to demonstrate that the value of the deposit is not a genuine pre-estimate of the loss in not proceeding with the purchase.0 -
Agreed. That's why I said that the OP would need to demonstrate that the value of the deposit is not a genuine pre-estimate of the loss in not proceeding with the purchase.
I thought by 'penalty against you' you meant simply that it was effectively a 'fine' for not proceeding with the sale. Thanks for the clarification.
Given advertising prices, etc, i'd have thought £200 would be easily absorbed by costs.0
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