Deposit paid, no car - cash purchase

mermaid85

I went to view a second hand car 1st April (yes, I realise Aprils fool's day before someone comments )

Full price is £750, and I put down a deposit of £250. The dealer had to then tax the car, which he advised he would do on the Friday so I could have the car for the weekend. I pointed out that it was Bank holiday, so he agreed that I would have the following Tuesday, Wednesday at the latest (6th or 7th)

We called to find out what was happening on Thursday 8th as nothing heard from him, he advised tax was paid but waiting for docs and would call either Fri or next week. By the next Wed, still nothing, tried calling and no answer, eventually getting through to him Friday 16th. He then said he was waiting for the V5 docs to come through, and tax disc - tax is paid but hasn't received it yet due to no V5. Again, said he would call us but haven't heard anything.

As the receipt for deposit states non-refundable, will I be able to get it back? It is dated the 1st, and I have been waiting this long to get the car. I feel disinclined to proceed with the sale now even when it does all come through, as he hasn't even had the courtesy to let us know what is happening, and hadn't told us originally that he didn't have the V5. Surely he had no right to sell without it?

jd82

Did he make clear at the time of sale it currently had no V5? If not then you are probably in your rights to demand a refund or take him to small claims court. I am not a legal expert though.

mermaid85

No, Friday just gone was the 1st we knew about it.

mermaid85

Right - I still have no car or deposit back!! Went in 2 weeks ago wed and was told that the V5 would take 10-14 days to arrive, wasn't really v happy about it but felt not a lot I could do about it.

When I had heard nothing by this wed, tried to call to say we don't want the car and want deposit back, also tried calling yesterday but have had no answer. Today seller has tried to call me and has called my parent's house (he has known them a long time) to let us know the car is ready. HOWEVER I have done a car check in the meantime, showing the car is a cat d write off (from dec 09), had car tax until 1/5 and is actually a 1.25, whereas he sold it to be, and receipt shows, 1.4. I really don't want it now - I realise cat d is only minor work, especially as the car is N reg, but the fact that this wasn't stated has pd me off, I have a young daughter and am expecting another in 5 weeks. I'm not really comfortable having them in a car that has been written off, and also feel that the agreed price is way too high - it was fairly high in my opinion anyway, but I actually really needed a car 4 weeks ago and ended up not having it!!

It is a fiesta, 1.25 SI. Mileage shows 73k but am now not sure - will want to check this before proceeding too!! 6 months tax, mot not known. £750.

Any advice regarding price, and/or whether I have any rights to get my deposit back much appreciated!!

Pew_Pew_Pew_Lasers!

If the engine size is wrong the car has been mis-described, and you therefore are fully entitled to a refund.