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Car Deposit Refund (Not a 'I changed my mind' thread!)

Hi,

Just wondering where my girlfriend stands on this one:

My partner ordered a new Fiat 500 on scrappage scheme to replace her ageing Rover Metro which has a fuel problem, and cuts out all the time. Despite repairs, it is still horribly unreliable. She needs a reliable car for 70 mile round commute each day and for visits because she recently became a qualified social worker. (she is using my van now)

The bank said she could have a graduate loan once she had her work contract, and the Fiat would take 12 weeks to be delivered so she ordered the car and put down £200 deposit. The salesmen was aware that she hadn't got the funds from the loan when she ordered, and he said as long as she didn't cancel the day before delivery a refund of the deposit would be put back on her card if her loan didn't get approved.

He was pretty clear about this and I was there with her.

However, since then the bank has said she can't have the loan until she has been working for a few months.

She informed the garage (and the car had not yet been delivered), but now the salesmen is being particularly coy about the whole matter of a refund, stating that because the car has been 'built', it cannot be refunded. Even though he was adamant about the refund he's avoiding the issue now, never returns phone calls and says he will tell his manager 'about her point of view'.

The salesmen told my girlfriend on Saturday that the general manager at the garage has said 'he doesn't know enough about the case to make a decision'. Presumably this is because the salesmen doesn't have the balls to explain the agreement he made with us at the desk when we paid the deposit.

Anyhow, we do not have a written agreement about the refund, just his word. He is very slack returning calls and even asking to finance it through the dealer has fallen on deaf ears.

We are going to use their complaints procedure so our requests don't get ignored by the salesmen. Why offer the refund if it is not their policy?

I thought there might be someone on this forum who has some advice (we only have receipt signed for deposit) or has been in a similar situation. Like I say, she really wanted the car, but could not get the money. I know £200 is not a lot compared to £6000 for a car, but she needs it to start saving for a better second hand vehicle.

Thanks,
Paul
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Comments

  • Anihilator
    Anihilator Posts: 2,169 Forumite
    corsavan wrote: »
    Hi,

    Just wondering where my girlfriend stands on this one:

    My partner ordered a new Fiat 500 on scrappage scheme to replace her ageing Rover Metro which has a fuel problem, and cuts out all the time. Despite repairs, it is still horribly unreliable. She needs a reliable car for 70 mile round commute each day and for visits because she recently became a qualified social worker. (she is using my van now)

    The bank said she could have a graduate loan once she had her work contract, and the Fiat would take 12 weeks to be delivered so she ordered the car and put down £200 deposit. The salesmen was aware that she hadn't got the funds from the loan when she ordered, and he said as long as she didn't cancel the day before delivery a refund of the deposit would be put back on her card if her loan didn't get approved.

    He was pretty clear about this and I was there with her.

    However, since then the bank has said she can't have the loan until she has been working for a few months.

    She informed the garage (and the car had not yet been delivered), but now the salesmen is being particularly coy about the whole matter of a refund, stating that because the car has been 'built', it cannot be refunded. Even though he was adamant about the refund he's avoiding the issue now, never returns phone calls and says he will tell his manager 'about her point of view'.

    The salesmen told my girlfriend on Saturday that the general manager at the garage has said 'he doesn't know enough about the case to make a decision'. Presumably this is because the salesmen doesn't have the balls to explain the agreement he made with us at the desk when we paid the deposit.

    Anyhow, we do not have a written agreement about the refund, just his word. He is very slack returning calls and even asking to finance it through the dealer has fallen on deaf ears.

    We are going to use their complaints procedure so our requests don't get ignored by the salesmen. Why offer the refund if it is not their policy?

    I thought there might be someone on this forum who has some advice (we only have receipt signed for deposit) or has been in a similar situation. Like I say, she really wanted the car, but could not get the money. I know £200 is not a lot compared to £6000 for a car, but she needs it to start saving for a better second hand vehicle.

    Thanks,
    Paul

    I would tend to take the dealers side here.

    Your comments and quotes of him suggest he agreed to refund the deposit within a reasonable time frame as long as the deal wasnt too far gone. Now that your specific car has been manufactured and I would suggest not far off delivery it is too far gone.

    A bit of time surely has passed since you agreed this for the car to be now manufactured.

    Its your responsibility to ensure you have the funds to purchase the car and I would suggest you didnt do this.

    I certainly can see the dealers point of view here now as they will have to reduce that car to shift it now.

    A few points to clarify - how long passed between you agreeing and cancelling?

    Why can the dealer not offer finance?
  • theres a waiting list for those cars, im sure they can sell it on easy enough
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    theres a waiting list for those cars, im sure they can sell it on easy enough

    My thoughts exactly.

    OP no way you can get the finance? Parents acting as guarantor etc?
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    theres a waiting list for those cars, im sure they can sell it on easy enough


    Maybe but depending on how far through the process it is it may need to be sold as either pre registered or at a discount to attract a buyer for that colour/spec.

    If the OP is pulling out at quite a late stage - which if the dealer is telling the truth they are - then a £200 deposit loss seems entirely reasonable.

    Have to agree though with Hintza that it seems stange no finance is available. Normally a dealer would be bending over to offer finance.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 25 November 2009 at 10:02PM
    corsavan wrote: »
    The salesmen was aware that she hadn't got the funds from the loan when she ordered, and he said as long as she didn't cancel the day before delivery a refund of the deposit would be put back on her card if her loan didn't get approved.

    He was pretty clear about this and I was there with her.

    Tell this story to the head man at the garage.

    You didn't cancel the day before delivery, so ask them for the deposit back.

    If they ignore you, providing your partner hasn't signed anything to the contrary on the order form (eg that the deposit is non refundable), then you can pursue them for your money. But if there is a condition such as this she has accepted, then all you can hope for is a goodwill payment at best.
  • corsavan
    corsavan Posts: 14 Forumite
    Anihilator wrote: »
    A few points to clarify - how long passed between you agreeing and cancelling?

    Why can the dealer not offer finance?

    My girlfriend ordered car on 31.7.09, I'd have to ask her but pretty sure it was about 6 weeks into the process. Delivery was due on 8.10.09, but when she spoke to him for info on 17 October it had still not been delivered.

    The fiat is that standard off white colour. Car had chrome kit, colour coded mirrors and bluetooth kit added as extras. I'm sure someone would have that rather than wait 12 (but probably more!) weeks.

    I'd understand him keeping the money if she just got cold feet etc, but he shouldn't be making statements about refunds if it is not company policy. He said nothing about the thing being built meaning a loss of deposit. I'd not be surprised about losing the deposit if he had been straight about it from the start.

    As for finance from the garage, the said sales rep said he was arranging it, but he just doesn't bother to phone my girlfriend. I've had better communication with garages I've bought £1000 cars off. I'm not sure if she is so keen now in light of his customer service skills and the higher interest rates fiat were offering.

    The tax on the metro expires at end of the month, and I believe that is a prerequisite of the scrappage scheme.

    To all: Thank you for your responses, I shall send a letter outlining what has happened.
  • Quentin
    Quentin Posts: 40,405 Forumite
    corsavan wrote: »
    The tax on the metro expires at end of the month, and I believe that is a prerequisite of the scrappage scheme.

    No. The scrapped car has to be taxed at the time of the order, that's all.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    corsavan wrote: »
    My girlfriend ordered car on 31.7.09, I'd have to ask her but pretty sure it was about 6 weeks into the process. Delivery was due on 8.10.09, but when she spoke to him for info on 17 October it had still not been delivered.

    The fiat is that standard off white colour. Car had chrome kit, colour coded mirrors and bluetooth kit added as extras. I'm sure someone would have that rather than wait 12 (but probably more!) weeks.

    I'd understand him keeping the money if she just got cold feet etc, but he shouldn't be making statements about refunds if it is not company policy. He said nothing about the thing being built meaning a loss of deposit. I'd not be surprised about losing the deposit if he had been straight about it from the start.

    As for finance from the garage, the said sales rep said he was arranging it, but he just doesn't bother to phone my girlfriend. I've had better communication with garages I've bought £1000 cars off. I'm not sure if she is so keen now in light of his customer service skills and the higher interest rates fiat were offering.

    The tax on the metro expires at end of the month, and I believe that is a prerequisite of the scrappage scheme.

    To all: Thank you for your responses, I shall send a letter outlining what has happened.

    The dealer said that he would refund as long as it wasnt too far in the process. I would suggest after the delivery date is too far in the process. Someone might buy that car yes but will they pay full price you were? Unlikely. As its already sitting their with the options ready its likely they will need to reduce it to sell it

    Explain your situation yes but legally if they withhold the £200 you dont have much ground to stand on.
  • photome
    photome Posts: 16,680 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    Anihilator wrote: »
    The dealer said that he would refund as long as it wasnt too far in the process. I would suggest after the delivery date is too far in the process. Someone might buy that car yes but will they pay full price you were? Unlikely. As its already sitting their with the options ready its likely they will need to reduce it to sell it

    Explain your situation yes but legally if they withhold the £200 you dont have much ground to stand on.

    Where do you get, after delivery date from?

    The dealer said, ( according to OP ) as long as it wasnt day before delivery, I suspect he meant close to delivery. The Op ordered in july and cancelled 6 weeks later, delivery was supposed to be 12 weeks so ample time IMO.
  • kiddy_guy
    kiddy_guy Posts: 987 Forumite
    Part of the Furniture 500 Posts
    corsavan wrote: »
    Why offer the refund if it is not their policy?

    The joke is that Salesmen would sell their granny to get a sale. Surely everyone knows that you can trust most of them as far as you can throw them? GET IT IN WRITING NEXT TIME !
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