New Car Order Cancelled -Can I reclaim deposit?

marytee

Help appreciated please. I have unfortunately had to cancel a new car order. The original salesman I was dealing with has moved on but did not pass the details on re my cancelling the car, thus it remains on order. The very angry manager says I am liable to continue with the sale as I entered into a legally binding contract. The car is due for delivery between Christmas and New Year.
I would like to claim my deposit of £300 back also, what are my rights here? Advice appreciated please. Thank you in advance

pendulum

You may well have entered into a legally binding agreement to buy the car, and by placing the deposit you may not be entitled to it back. It really depends on the wording of the documents you signed and the agreement you made. I would expect to lose the deposit.

maninthestreet

What does the contract state about the deposit if you cancel the order?

Hintza

pendulum wrote: »

. I would expect to lose the deposit.

At least. They might also sue for any additional losses they incur.

Hintza

I'm also slightly confused here as to why you didn't have this conversation when you cancelled the order. It would seem from what you say that some time has passed since you allegedly spoke to the salseman if he has now left. Why have you got nothing in writing?

marytee

I am afraid I have been very naive

Anihilator

Tbh you should count only losing your deposit as a bonus. The car is likely to have to be sold at discount as pre registered now and hence they legally could take you to court for the difference between the eventual sale price and your sale price.

smcaul

Anihilator wrote: »

Tbh you should count only losing your deposit as a bonus. The car is likely to have to be sold at discount as pre registered now and hence they legally could take you to court for the difference between the eventual sale price and your sale price.

You really do talk absolute and utter twaddle don't you!

A car that has yet to be delivered will not and can not be registered, therefore it can still be sold as new. Get your facts correct before commenting on threads will you.

If it is a popular car such as some of the Hyundais that are in demand then I can't see why they can not refund your deposit - the dealer has a duty to mitigate their losses, so if they can sell the car without any loss then there is no reason why you should loose your deposit - proving this could be more difficult however!!

And ignore anything Anihilator says, he is a persistant troll!!! (gets even worse in the school holidays when he is at home and his parents are still at work and can't limit his internet access!).

Anihilator

smcaul wrote: »

You really do talk absolute and utter twaddle don't you!

A car that has yet to be delivered will not and can not be registered, therefore it can still be sold as new. Get your facts correct before commenting on threads will you.

If it is a popular car such as some of the Hyundais that are in demand then I can't see why they can not refund your deposit - the dealer has a duty to mitigate their losses, so if they can sell the car without any loss then there is no reason why you should loose your deposit - proving this could be more difficult however!!

And ignore anything Anihilator says, he is a persistant troll!!! (gets even worse in the school holidays when he is at home and his parents are still at work and can't limit his internet access!).

My facts are perfectly correct.

Yes there is a possibility if its a standard non modifiied car that someone will buy it in the next few weeks and allow it to be sold as new. However its unlikely to be the original price as the buyer will be in a better negotiating position.

If it isnt standard then its likely to need to be highly discounted to sell. If it sits and doesnt sell likewise.

The OP is legally liable for any difference in the value of his sale and the eventual sale.

The deposit of £300 is likely to be kept either way as the dealer now needs to do unnecessary work to sell the car due to breach of contract.

The only defence the OP can use is the dealer has to mitigate his losses as best he can.

Trebor16

If the original salesman was notified but didn't do the necessary paperwork then there should be some room to negotiate there.

Anihilator

Trebor16 wrote: »

If the original salesman was notified but didn't do the necessary paperwork then there should be some room to negotiate there.

Not if there is no proof at all.

The dealer and any court would rightly think the OP is trying to abuse circumstances to get out of it.

If he had got his deposit back then as you would suggest any one telling the truth would have then this wouldnt be a problem :rolleyes: