Dealership refusing to refund deposit

Tozer

goRt wrote: »

Let's see the terms the deposit was paid under - facts!

And what difference will the terms make?

e_boz

The car has not had any preparation done on it - they were going to put it through the workshop today to polish out the scratches and road test it.- I cancelled 2 hours after leaving the showroom.
The dealership also has failed to give me any finance rates even though they suggested a monthly repayment. i asked twice via e mail but was never given them.

Anihilator

e_boz wrote: »

The car has not had any preparation done on it - they were going to put it through the workshop today to polish out the scratches and road test it.- I cancelled 2 hours after leaving the showroom.

Prove they hadnt started to prepare it for you.
Whether you cancelled 2 minutes or 2 hours or 2 weeks later isnt the key factor here. Its want they can qauntify as having lost out on because of your breach of contract.

At the very least they spent time on the deal and paperwork, time wasted and that the car could have been sold to someone else.

I would suggest at the very least you improve your attitude with them as getting smart because you changed your mind will make it a lot more difficult to recover anything.

~daisy~_2

i bought my mini in nov from a dealership that was an hours drive from me and also had to pay a £500 holding deposit
its just to stop anyone else making an offer on it until you have seen it in the flesh
the first one i held i didnt like in reality - the colour looked quite different - and had my deposit straight back
2 days later another came in so i paid my deposit again as this was a wednesday and knew i wouldnt get there till the weekend - they dont prep it or anything just move it off the forecourt but i bought this one

hope you get it back

e_boz

Have e mailed them again saying that i have nothing signed and have signed nothing. also have requested to know what costs they have incurred - we wait in hope.......................

jimboban

Unless I've misunderstood, the dealership asked the OP to complete finance paperwork and subsequently called them to notify that they had been 'accepted' by the finance company.

Surely this makes it a 3-party transaction - should the OP not be faxing/writing to the finance company to express their immediate desire to cancel the transaction?

This would then make the deposit fully refundable?

I've only read this quickly - so apologies if I've missed something but surely the entry of the finance company into the fray changes the balance of things?

JB

Anihilator

It doesnt matter what you have signed or not signed.

adouglasmhor

Anihilator wrote: »

It doesnt matter what you have signed or not signed.

Of course it doesn't, there there now, go and have a biscuit and some milk and then a little nap.

Tozer

e_boz wrote: »

Have e mailed them again saying that i have nothing signed and have signed nothing. also have requested to know what costs they have incurred - we wait in hope.......................

To be correct, what it has cost or not cost them is academic. The legal principle relates to what they genuinely estimated it to cost them at the time.

Unless they could have perceived a cost of £500 at the time of the contract, then it is a penalty and you have the right to reclaim it.

e_boz

have received confirmation from the finance company that no transaction has gone through and will not do so.
I contacted them at 09.00 today - how does that change things - sorry any advice listened to.