Dealership refusing to refund deposit

neilmcl

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.
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.

That's not what you said in your initial post. You said you paid the deposit, then came back "2 days" later and then cancelled after that.

e_boz

I paid a deposit on 18-2-10 to hold the car. I returned to the dealership on 20-2-10 and agreed i wanted to buy the car. They completed a finance proposal form and said that it would not be proposed until 22-2-10 as i wanted to get some figures from my bank. I received a phone call from the dealership 20 mins after we left to say my finance had been accepted. I expressed my desire not to go ahead with the purchase the same afternoon 20-2-10 in a phone message and via e mail. i also put it in writing the same day

Anihilator

adouglasmhor wrote: »

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

The OP is clearly trying to suggest nothing is agreed or binding due to a lack of signed paper.

This is completely false.

WestonDave

Therefore on 20th you created a legally binding verbal contract to buy the car. As of that moment you were obligated to hand over the full price of the car and the dealer the car in roadworthy condition. There is no cooling off period as there was with the finance (that is a specific legal measure to do with finance and distance selling).

However its not worth the dealers hassle putting you through the courts to enforce the sale so he's offered you a second contract - the ability to buy your way out of your obligations under the first contract for the consideration of £500. You therefore have a choice - deliver under the first contract or go with the second.

You do not have a right to simply change your mind and walk away - just because M&S allow people to bring things back they don't like doesn't make it law - M&S do it as a marketing gimmick. However it does create a misleading impression as the number of threads on here saying "Retailer X won't give me money back because I've changed my mind" who then get the same disappointing news. You are an adult, you have entered into a contract in law, and you are stuck with it.

Ivory_Tinkler

I don't know the legalities of such a "contract" but the garage could argue that they withdrew the car from general sale for 4 days as they believed the car was sold to the OP. If someone else came along and said "that's a nice car can I buy it" the garage would have said that it was already sold and now because the OP has withdrawn, they have potentially lost a sale.

adouglasmhor

Anihilator wrote: »

The OP is clearly trying to suggest nothing is agreed or binding due to a lack of signed paper.

This is completely false.

I know that is false, I just suggested you have some rest and something soothing as yet again you are getting aerated, do you really enjoy it? Really? If the OP makes a hash of things despite your advice what is it harming you?

You do know your good advice would be better received if you toned down your style a little bit.

e_boz

So the general consensus is that I am not entitled to my deposit back then???

Hintza

Whatever happened to:-

"My word is my bond"

Unbelievable that we still have these arguments on a weekly basis. And we have the same squirming around the issue. If you pay a deposit then you should expect to lose it if you pull out of the deal.

All the rest is just legal weasling.

If you are not sure then don't pay a deposit...simples.

Edit:-

Just imagine if the boot was on the other foot and the dealer refunded the deposit and siad tough sold it to someone else..:)

hartcjhart

from trading standards

please read

http://www.tradingstandards.gov.uk/Kent/factsheets/FS5NEW%20nov07%20refunds.pdf

although it says shop it relates to any business

Tozer

e_boz wrote: »

So the general consensus is that I am not entitled to my deposit back then???

I think the general consensus seems to be that you have yourself to blame for the predicament you are in.....

However....

The legal view is that you are entitled to the money back unless it is a genuine pre-estimate of the loss likely to be suffered by the dealer in you not proceeding.