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If I put down a deposit on a car, can I get it back?

DWTB
DWTB Posts: 25 Forumite
I put down a deposit on a Honda Jazz this afternoon of £250, being assured by the salesman that it was a remarkable price for the model I was looking at. By my own admission, I should have done more research on it but I had been looking for a Yaris and had done lots of research on them before this car came up, out of the blue.

It had just come in and had not even been cleaned but was in near perfect condition. I took it for a test drive and liked it so I put my trust in the salesman and put down the deposit.

I have since got home and checked various used car sites and found hundreds and hundreds of cars which are up to £1000 less and with much higher spec than mine.

I feel really cheated by this but not sure what my rights are. A few things to consider:

- They didn't bother to get me to sign the vehicle order form, just took my deposit
- The order form states "I hereby agree to purchase from you, subject to the terms and conditions hereof, (including those overleaf) the undermentioned vehicles.... - BUT there are no terms and conditions over the page
- The car had just come in and not even been prepared for sale so they wouldn't have lost any money on it by not having it available to sell to others

Do I have a leg to stand on? Could I get my money back? And if so, what's the best way to go about it?

Any help would be very greatly appreciated :)
No Unapproved or Personal links in signatures please - FT3
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Comments

  • bb69
    bb69 Posts: 1,748 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hello

    I think usually deposits are subject to test drive and car check.

    Did you agree the price/sale?

    In my experience a dealer has informed me if a deposit is non refundable.
  • DWTB
    DWTB Posts: 25 Forumite
    Yes, I did agree to the price and the sale. I was never told that the deposit was non refundable though. Maybe that's a good sign?
    No Unapproved or Personal links in signatures please - FT3
  • bb69
    bb69 Posts: 1,748 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi there

    Not 100% sure, but if a sale agreed then possibly non refundable now

    Ask them and explain the situation. If you don't ask you don't get

    Ther cars you have seen are they from main dealers? That may explain the price differences?
  • DWTB
    DWTB Posts: 25 Forumite
    Well, they are a mixture of main dealers, smaller dealers and private sellers so I'm pretty sure I was conned. I feel like such an idiot for rushing into something so quick!
    No Unapproved or Personal links in signatures please - FT3
  • bb69
    bb69 Posts: 1,748 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Not sure what others think on the forum, but if you take details of cheaper cars matched like for like spec and colour mileage etc to them and try and neogotiate a better deal? Main dealer cars though.

    I know its after the fact maybe it would work (i have no experience of doing this btw)

    Or depending on the savings walk away if the deposit is non refundable? And buy the car cheaper.

    Do make sure it is exactly like for like though colour, mileage etc etc. As this will make a difference in price

    Make sure you ask them as many questions as possible (see service book etc etc)

    I am learning the hard way slowly but surely . Don't put too much trust in dealers as they may let you down. Sorry to be depressing, but consider carefully and do research to ask questions first before paying more etc

    Good luck!!
  • Sarsie
    Sarsie Posts: 283 Forumite
    DWTB wrote: »
    - The order form states "I hereby agree to purchase from you, subject to the terms and conditions hereof, (including those overleaf) the undermentioned vehicles.... - BUT there are no terms and conditions over the page

    It might be your lucky day!

    If there aren't any terms and conditions on your copy I'm reckoning they can't hold you to any. I don't think they're gonna have a leg to stand on in keeping that money on account of this one simple oversight.

    I would definately get this one seen by face-to-face solicitor (which the CAB can arrange for you free of charge) and make very clear that not a single term or condition was printed on your copy and see where you go from here. I think you'll find thier contract is invalid and therefore your deposit better be returned to you.
    "I, on the other hand, am a fully rounded human being with a degree from the university of life, a diploma from the school of hard knocks, and three gold stars from the kindergarten of getting the sh*t kicked out of me." ~ Capt. E. Blackadder
  • DWTB
    DWTB Posts: 25 Forumite
    Thank you bb69! That's great advice. I'm compiling a list of the same, cheaper cars now so that I can be fully prepared when I ring them tomorrow.

    If anyone else has any more advice, I'd really appreciate it. I'd like to be as prepared as I can be.
    No Unapproved or Personal links in signatures please - FT3
  • DWTB
    DWTB Posts: 25 Forumite
    Thanks Sarsie, that's very interesting too. I'll give the CAB a call tomorrow and see what they can do.
    No Unapproved or Personal links in signatures please - FT3
  • bb69
    bb69 Posts: 1,748 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Maybe try and see if you can get deposit back first, when they ask why you can give them your reasons

    Let us know how it goes

    Night
  • DWTB
    DWTB Posts: 25 Forumite
    Yes, I completely agree. I'll also save the legal stuff for if they start getting difficult...presuming that I have a case there.

    Thank you both so much for all your help :)
    No Unapproved or Personal links in signatures please - FT3
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