Car Deposit

Cananyonehelp?

SORRY ABOUT THE MASSIVE EXPLANATION.

My 67 year old mother purchased a new car from a franchised dealer. She bought the car on 26th February. She thought she was buying the one off the forecourt and the "estimated delivery date" was 11th March. Her old car she thought was on its last legs and urgently needed a new one - she informed the salesman of this. The 11th March came and went and the rather forceful salesman kept phoning my mother, who gets easily confused, rearranging numerous new delivery dates. Nothing was ever sent in writing to my mother. Eventually the new delivery date was the 27th April.

I got involved on 17th April and the salesman directed me to the terms and conditions which said if after 28 days after the estimated delivery the car had not arrived you could send in writing a cancellation of the contract and if the car was not produced in 7 days the contract would be cancelled and the deposit returned. The salesman told me on the phone 27th April therefore, mother cancelled the contract. They then, miraculously moved the delivery date again within 7 days of the 17th April - the day mother sent the cancellation letter.

I argued to get the deposit back. Afterall, it also said in their contract that both parties had to send everything in writing through the mail. The car company had not done this. Therefore, they were in breach of their contract too.

After 3 letters to the car company requesting the deposit to be returned and looking at the details of the contract they sent my mother a solicitor's letter saying she had to buy the car. My mother had fixed her old car on the 13th March and nolonger needed the new car. I sent a letter to the head office of the car company who passed it back to the franchise (I didn't realise they were a franchise at this point. Head office made no contact with me which I thought was very rude.) The car company have now demanded my mother pay them a further 750 pounds on top of the 500 pound deposit to end the matter. That's 1250 pounds for absolutely NOTHING. My mother is quite a frail 67 and gets easily confused. It is her word against theirs. They are being incredibly bullish and I need this matter to end. We've sent a letter today saying keep the deposit but I'm worried they take mum to court. Does anyone know where we stand?

By the way, I'm not mentioning the car maker by name becuase they also wrote in their solictor's letter that if we try to do anything that will cause damage to their reputation they will sue mum for that too and she would have to pay their expensenses. My mum is frantic with worry.

Equaliser123

Cananyonehelp? wrote: »

SORRY ABOUT THE MASSIVE EXPLANATION.

My 67 year old mother purchased a new car from a franchised dealer. She bought the car on 26th February. She thought she was buying the one off the forecourt and the "estimated delivery date" was 11th March. Her old car she thought was on its last legs and urgently needed a new one - she informed the salesman of this. The 11th March came and went and the rather forceful salesman kept phoning my mother, who gets easily confused, rearranging numerous new delivery dates. Nothing was ever sent in writing to my mother. Eventually the new delivery date was the 27th April.

I got involved on 17th April and the salesman directed me to the terms and conditions which said if after 28 days after the estimated delivery the car had not arrived you could send in writing a cancellation of the contract and if the car was not produced in 7 days the contract would be cancelled and the deposit returned. The salesman told me on the phone 27th April therefore, mother cancelled the contract. They then, miraculously moved the delivery date again within 7 days of the 17th April - the day mother sent the cancellation letter.

I argued to get the deposit back. Afterall, it also said in their contract that both parties had to send everything in writing through the mail. The car company had not done this. Therefore, they were in breach of their contract too.

After 3 letters to the car company requesting the deposit to be returned and looking at the details of the contract they sent my mother a solicitor's letter saying she had to buy the car. My mother had fixed her old car on the 13th March and nolonger needed the new car. I sent a letter to the head office of the car company who passed it back to the franchise (I didn't realise they were a franchise at this point. Head office made no contact with me which I thought was very rude.) The car company have now demanded my mother pay them a further 750 pounds on top of the 500 pound deposit to end the matter. That's 1250 pounds for absolutely NOTHING. My mother is quite a frail 67 and gets easily confused. It is her word against theirs. They are being incredibly bullish and I need this matter to end. We've sent a letter today saying keep the deposit but I'm worried they take mum to court. Does anyone know where we stand?

By the way, I'm not mentioning the car maker by name becuase they also wrote in their solictor's letter that if we try to do anything that will cause damage to their reputation they will sue mum for that too and she would have to pay their expensenses. My mum is frantic with worry.

This question has been asked several times. Have a trawl through the archives. Generally, you can get the deposit back.

Solicitors won't get involved with this. They are trying scare tactics. Oh, and providing you are stating facts, there is little they can do.

Weirdlittleman

Well it depends.

They would have to quantify the loss. If the car was registered and prepared for delivery and your mother still didnt go ahead then they will lose as the car cannot be sold as new anymore.

If it is simply because she cancelled then she should get it all back.

It does seem though that from the 13th of March that your mother had no intention of proceeding therefore she may have seen to have aggravated the situation given they had not breached any contract at this stage and still havent really as the whole in writing bit isnt really material.

As for your mother, if she is easily confused why does she have so easy access to money and a car or are you just trying to blur the issue.

You normally find with these long story "short" versions that it simply comes down to someone trying to cloud the real issue and that is your mother changed her mind.

pendulum

Weirdlittleman wrote: »

You normally find with these long story "short" versions that it simply comes down to someone trying to cloud the real issue and that is your mother changed her mind.

That's the impression I usually get as well.

Equaliser123

Weirdlittleman wrote: »

Well it depends.

They would have to quantify the loss. If the car was registered and prepared for delivery and your mother still didnt go ahead then they will lose as the car cannot be sold as new anymore.

.

Not totally correct. They would have to show that forfeiture of deposit was a genuine pre-estimate of the loss likely to be suffered in the event that the OP does not proceed with the purchase.