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Distance Selling Regulations

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  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CashisKing wrote: »
    If it is not correct, can you explain why it is not covered by the DSR?
    I think we already have but you don't seem to be able to take it in.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    http://www.oft.gov.uk/shared_oft/reports/consumer_protection/oft689.pdf

    Part 3.2 and also last question on page 8

    Clearly no contract was concluded until you examined the vehicle as agreed on the phone hence the DSR's do not apply.

    Its quite worrying how many companies and official organisations such as Consumer direct talk utter !!!!.
  • However, a deposit is bound by any terms agreed between the two parties.
    Unless it was clearly stated that the deposit was not returnable, then there are grounds to expect it back.

    Without any additional terms, I would have thought a seller would only be able to deduct costs incurred by the falling through of the sale (such as costs of relisting a sale etc - althought that's only an example). They would not be able to simply state it's non-returnable.

    However, if they still said no and you tried to take it further it would be your word against theirs and come down to whether or not 'on the balance of probabilities' that there was an expectation for the deposit to be returned.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    The_Pedant wrote: »
    However, a deposit is bound by any terms agreed between the two parties.
    Unless it was clearly stated that the deposit was not returnable, then there are grounds to expect it back.

    Without any additional terms, I would have thought a seller would only be able to deduct costs incurred by the falling through of the sale (such as costs of relisting a sale etc - althought that's only an example). They would not be able to simply state it's non-returnable.

    However, if they still said no and you tried to take it further it would be your word against theirs and come down to whether or not 'on the balance of probabilities' that there was an expectation for the deposit to be returned.


    Did you read the thread?

    This is what the dealer is doing.
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