Can I get my deposit back?

Jade34

Hey Hintza, I WAS prepared to finalise the deal - I didn't know my boiler was gonna be condemned 3 hours before I went to pick up the car!! DUUUUHHHHH!!!!!

vaio

Jade34 wrote: »

Hi all, cheers for all the comments. OK here's the crack. I spoke to a lawyer about deposit and he says according to Scots Law (I'm in Bonnie Scotland btw, lol) by saying I wanted the car, agreed a price and a pick-up date and obviously paid a deposit, I entered into an agreement to purchase the car. More frighteningly though, he said they can actually ask me for the balance and force me to buy the car!!! I'm just glad he doesn't have my address, lol. So I won't be phoning him to ask for my deposit back. He hasn't phoned me back btw, which is a good thing really! I hope he's not reading up on the law :eek: I s'pose he could put the £100 towards the £300 repairs he had done (allegedly) and bump up the price of the car for the next buyer! Not to worry, you live 'n learn. Now to get a new boiler...plumbers!!! Grrrr!!!

It’s pretty much the same situation legally in the rest of the UK too. You entered into a contract and whilst a court would be very unlikely to order specific performance (you actually have to buy car) you would be liable for the losses to the dealer caused by you breaking the contract.

Having said that I’d also say the only point in the dealer taking a deposit is to protect the dealer against those costs. That being the case and as the amount of the deposit was agreed between the two parties I’d argue that it is an agreement as to the costs of the buyer not fulfilling the contact and so a defaulting buyer shouldn’t have to pay any more

Inactive

eschaton wrote: »

Welsh Car Deposit Act 1994

:rotfl::rotfl::rotfl::rotfl:

That really had me laughing.

Thanks.;)

( Wait for the " racist " card )...

taffy056

eschaton wrote: »

Losing it.... losing it... losing it.... I know.... I'll play the race card.... pathetic....

Losing what ? Its a discussion about a desposit, its quite pathetic bringing up where i'm from as it has nothing to do with this, so tell me who brought it up in the first place ? So thanks for your completely unconstructive comment, I wonder if it helps the op with his situation?

taffy056

Inactive wrote: »

:rotfl::rotfl::rotfl::rotfl:

That really had me laughing.

Thanks.;)

( Wait for the " racist " card )...

So you going to answer the question, why bring up where i'm from in this thread? How is it relevant to the question asked ?

JimmyTheWig

taffy056 wrote: »

They don't have a written agreement either, so do they go on whatever terms the garage makes up after the fact ?

No, clearly not.
But neither do they go by the terms the customer makes up after the fact.

It would make sense to me (and so this is what I would hope to be the law) to go by what the average, sensible person would assume to be the terms of such a deal.
And the consensus on here suggests that the average person assumes the deal would mean the deposit was non-refundable.

Inactive

taffy056 wrote: »

So you going to answer the question, why bring up where i'm from in this thread? How is it relevant to the question asked ?

I note that you still have not answered my " 7 day cooling off period " question..;)

eschaton

Inactive wrote: »

I note that you still have not answered my " 7 day cooling off period " question..;)

No need, I did it for him

Mankysteve

taffy056 wrote: »

Not in law I believe, the garage has no right to withhold the deposit because they have nothing in writing, don't defend the garage in this case, because they have made a mistake, most of them wouldn't have any compunction in taking you for a ride.

In law a verbal contract is a contract. The law changed a few years back to include this.

The Op is enticed to the deposit back minus the cost of the garage which will more than likely be equal or greater the deposit. ie the op gets nothing I'm afraid.

If the op wants to do a charge back then they'll have to explain to there credit company why. The reason given means it would be rejected.

Hintza

Jade34 wrote: »

Hey Hintza, I WAS prepared to finalise the deal - I didn't know my boiler was gonna be condemned 3 hours before I went to pick up the car!! DUUUUHHHHH!!!!!

So once again that is hardly the dealers problem. You have even taken legal advice and the lawyer has suggested to you the outcome "could" be even worse than a lost deposit.

Anyway why not ask for a credit note for use in the future, that might help you both out.