Can I get the deposit returned?

wooble

While I was at work today my husband went looking for a car (2nd hand). He paid £500 deposit with Visa debit card. He has decided (with some help from me) that it isn't quite worth the money etc etc etc. Can we get the deposit back? the deposit was to pay for spare parts that are missing and to 'hold' the car until Good Friday.

I have tried talking to them ont he phone but they are having none of it, he signed agreement blah blah blah, boss away until monday and all that crap.

Am I entitled to the deposit back? I have told him under no circumstances to spend any of the deposit on parts and that he is wasting a day where the car could be on the forecourt tomorrow.

Please help, poor husband is in the dog house!!

hjb123

Well to be honest a deposit is a deposit - has he a copy of the terms/agreement that he signed? If so he should read it but I have a feeling that they wont back down and return the deposit here.

There is a thread somewhere else on here where someone actually was selling a vehicle privately, buyer paid deposit then backed out and wanted their deposit back - went to court and never got it back!

http://forums.moneysavingexpert.com/showthread.html?t=138078&highlight=deposit+court

Sorry!!

hankc35

My friend owns a photo studio and in the past people have made Visa debit payments on photos, then had second thoughts and phoned bank canceled payment saying that pressure selling or some other dodgy sales tatic was involved. Could you stop the payment and argue later? Is there no cooling off period in the TC's?

wooble

Hi, he has signed some papaerwork but it mentions nothing of the deposit. Just

'I certify I am the buyer of the above mentioned vehicle at the price stated. I acknowledge receiving delivery'

Not one mention anywhere of the deposit.

i guess he has learned a lesson!!

Thanks!

wooble

He has called the bank and there is nothing that they can do, that was the first thing he tried.

busby1_2

I think when all is said and done that the deposit is lost,

I would on the other hand try and negotiate with the owner on hes return on Monday, to get a refund on the monies payed for the spare parts,

I also think you would stand a good chance of getting that back in court even if they have already brought them, as they will have added value to the car, and would have needed to be bought before the car was sold to someone else...

Good luck

Bossyboots

wooble wrote:

Hi, he has signed some papaerwork but it mentions nothing of the deposit. Just

'I certify I am the buyer of the above mentioned vehicle at the price stated. I acknowledge receiving delivery'

Not one mention anywhere of the deposit.

i guess he has learned a lesson!!

Thanks!

I have to say, that that sounds to me that he has bought the car outright, not put down a deposit. If he has signed that to acknowledge delivery and he hasn't got the car, then he might be in more difficulties than just losing the deposit.

£500 is not a lot for a car so it may be I am interpreting this wrong but from what it says and the fact that it does not say about a deposit, it looks to me as though the car has been purchased. I hope when he goes back they don't deny all knowledge and say he has signed for delivery of the car and they don't have it.

Voyager2002

Yes, he has entered into a binding contract to buy the car. Only way out would be if the car is demonstrably not as described: if it is not 'of merchantable quality' and fit for use, and he was not aware of this at the time he agreed to buy it, then he might have a way out.