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Car deposit

mackem86
mackem86 Posts: 20 Forumite
in Motoring
Hi all,

just a quickie...

I entered into an agreement with Evans Halshaw to buy a car.

Said a £100 deposit would take the car off sale.

I paid the deposit by credit card, but by the time i got my finance confirmed (4 days later) they said they had sold the car!!!

Should I be entitled to my refund back?

Thanks

Also, does anyone know anything about how the credit card might effect things with it being a £100?
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    If they broke the agreement you may be entitled to more than just your deposit back!

    (If you are put to any expense as a result of this they may be liable!)

    Get the paperwork looked at by someone who can advise you (solicitor/CAB etc)

    Credit card protection is usually for transactions in excess of £100.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    mackem86 wrote: »
    Hi all,

    just a quickie...

    I entered into an agreement with Evans Halshaw to buy a car.

    Said a £100 deposit would take the car off sale.

    I paid the deposit by credit card, but by the time i got my finance confirmed (4 days later) they said they had sold the car!!!

    Should I be entitled to my refund back?

    Thanks

    Also, does anyone know anything about how the credit card might effect things with it being a £100?

    Why did they sell the car having already sold to you? :confused:

    What was the basis of the agreement between you and the dealer? :confused:

    It appears you obtained finance elesewhere, is that right?

    According to the agreement, how long was it you had to arrange to pay for the remainder of the car? Or did you presume you could take as long as you like once you put down the £100?

    Only if the dealer broke the terms of the agreement would you be entitled to your money back, plus more if you you can prove you incurred a loss by their breach.

    However, if you breached the agreement, you may not be entitled to any money back. What does your agreement say? Wot ... don't say you handed over £100 without getting an agreement in writing for what it was for :eek:
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • mackem86
    mackem86 Posts: 20 Forumite
    Premier wrote: »
    Why did they sell the car having already sold to you? :confused:

    Two words, Evans Hellshaw...
    Premier wrote: »
    What was the basis of the agreement between you and the dealer? :confused:

    The car would be taken off sale as long as I paid a £100 deposit.
    Premier wrote: »
    It appears you obtained finance elesewhere, is that right?

    We did, and that wasn't an issue - the salesmen knew we were going else where for finance.
    Premier wrote: »
    According to the agreement, how long was it you had to arrange to pay for the remainder of the car? Or did you presume you could take as long as you like once you put down the £100?

    Well i'm assuming that information would be in the T&C's which we were never given a copy of. 4 days, isn't that long!
    Premier wrote: »
    Only if the dealer broke the terms of the agreement would you be entitled to your money back, plus more if you you can prove you incurred a loss by their breach.

    Well my deposit said i wanted the car - I don't go round putting deposits down on random cars! if he wants to sell me the car - which has been sold - then i'll continue on, the finance is still there! I think its obvious the dealer has broken the agreement!
    Hi, we’ve had to remove your avatar and signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • AdrianHi
    AdrianHi Posts: 2,228 Forumite
    Get your £100 back, forget about it and find someone else to do business with.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Premier wrote: »
    Why did they sell the car having already sold to you? :confused:
    mackem86 wrote: »
    Two words, Evans Hellshaw...

    I'm not sure what you mean, but if you already thought the way they do buiness is somehow not to your liking, why on earth did you ever agree to buy a car off them in the first place ???
    :confused::confused::confused:

    mackem86 wrote: »
    Well i'm assuming that information would be in the T&C's which we were never given a copy of.
    Premier wrote: »
    Wot ... don't say you handed over £100 without getting an agreement in writing for what it was for :eek:
    :cool:
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
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