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Deposit con by main dealer - help!

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Hi MSEs, my partner and I agreed to buy a used car from a local main dealer, and signed the agreement and handed over a £100 deposit from our account. After a couple of days we changed my minds and pulled out, because we felt we could get a better deal elsewhere. We were prepared to lose the deposit because we felt we could make up for that by buying a better car elsewhere for less. I know that at this point we should have moved on but...

Since then my partner phoned the same dealer up and asked to view the car again, without saying that we had definitely decided to buy it. The dealer said he would need another deposit on top of the first one as proof that we wouldn't pull out again.

Can the dealer take the money from my partners account with only a verbal consent, or does my partner have to sign paper work first?

Please can someone help?
:o
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Comments

  • Murray
    Murray Posts: 622 Forumite
    That seems ridiculous if you are only asking to see the car again and not asking them to reserve it for you! If you do decide to go for it then the original £100 deposit should stand. I would phone back for clarification as it sounds like there has been a misunderstanding. You can always speak to someone more senior at the other dealership.

    If you have given the garage your card details, it is my understanding that they can withdraw money with verbal consent but I'm not sure that they can use the details supplied for a previous transaction, I would have thought that they shouldnt have kept a record of those...this is just my opinion.
  • BenL
    BenL Posts: 3,189 Forumite
    Have you checked around for a better deal???

    Sounds a bit dodgy to me, what if anything goes wrong with the car and you need to take it back for some warranty work, can you trust the dealer?

    They make thousands of cars the same so another car will be just around the corner.

    Ben
    I beep for Robins - Beep Beep
    & Choo Choo for trains!!
  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't see what's dodgy here at all.

    When you pay a deposit on a car purchase, you are legally committed to go through with the deal. If you "change your mind", the dealer is legally entitled to pursue you for lost profit on the deal.

    If you then go back and say that you've got interested in the car again, is it any surprise that the dealer sees you as a bit flaky and asks for a further deposit as a statement of commitment to the deal?

    And yes, absolutely the dealer can take an additional deposit based on a verbal agreement. Why in the world not?
  • burbs_2
    burbs_2 Posts: 1,174 Forumite
    As a dealer myself i would see you as a confused case and as such would be a little weary about spending more time with you as a customer viewing the same car. You have already viewed the car and liked it enough to stump up a deposit which you decide you are happy losing. Then you want to come back to the very same car??

    I would definatly take another £100 off you to make sure you were not going to mess me about this time. I would have to pull the car off sale again for a high risk customer. However if you finally did come to me with the full amount for the car quickly i would deduct the £200 you had already paid in deposits and i would think the dealer you are going to would do the same.

    If you have given the dealer card details and agreed for him to take a deposit off your card then of course he can take the £100 deposit. He wont be able to take the second deposit off you unless you give him the card and authorisation again.
  • vansboy
    vansboy Posts: 6,483 Forumite
    Part of the Furniture 1,000 Posts
    More or less what Burbs said, but I'll add.....

    The dealer COULD actually sue you for his 'loss of profit', for you breaking the agreement to purchase!

    Not likely to happen, in reality, 'cos he's put the deposit towards his costs & counted it as another 'annoyance' bonus!!

    & the other thing, would you be happy to actually go through with the purchase, if you're not happy with the way the dealer has dealt with you so far?

    It might be one of those good omen thingys!!

    VB

    VB
  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    burbs wrote:
    If you have given the dealer card details and agreed for him to take a deposit off your card then of course he can take the £100 deposit. He wont be able to take the second deposit off you unless you give him the card and authorisation again.
    A merchant doesn't need to physically see the card in the first place, let alone on a repeat transaction. Verbal authorisation without the card is fine in both instances.
  • burbs_2
    burbs_2 Posts: 1,174 Forumite
    MarkyMarkD wrote:
    A merchant doesn't need to physically see the card in the first place, let alone on a repeat transaction. Verbal authorisation without the card is fine in both instances.

    If a customer gives me their card details over the phone for a transaction of say £100 and i take this £100 i cannot then go back and take a further £100 at a later date just because i fancied it.
  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    That's not the point.

    The OP said that the dealer stated that he would need another deposit, and that the customer verbally authorised the additional debit card payment.
  • burbs_2
    burbs_2 Posts: 1,174 Forumite
    I misinterpreted what he was asking and got lost
  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No problem! :D

    Easily done, what with all the threads on here.
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