Getting Deposit Back

Hoopy67_2

Hi

I recently contacted a car dealership about buying a rare car and agreed a price with them. The garage was 150 miles away from me.

They asked for a £200 deposit which I was reluctant to pay but was assured that the car was in mint condition and if I found anything wrong with it I would get my deposit back.

I went to view the car only to find that that it had some really bad rust on it. I decided against buying the car and now they wont give me my deposit back. They say that because I asked them to tax the car they are keeping the deposit but have since sold the car with the tax and also kept the deficit. Tax cost £118.

I have since written to them on 3 occasions and had no reply. I have now filed a claim via a small claims court.

I think I will be successful due to the long distance act and sale of goods act but could really use some help, info and thoughts regarding this situation, my rights and attending the small claims court as I have never had to do this.

Many thanks in advance.

Hoopy

pcombo

"I recently contacted a car dealership about buying a rare car and agreed a price with them"

You failed to mention that you inspected the car before paying a deposit, And if this is the case then its abit stupid.

"act and sale of goods" I dont see where this comes into it as no sale was made, You only put money down so you could secure the sale. Probably best contacting consumer direct before any court claims.

Hoopy67_2

pcombo wrote: »

"I recently contacted a car dealership about buying a rare car and agreed a price with them"

You failed to mention that you inspected the car before paying a deposit, And if this is the case then its abit stupid.

"act and sale of goods" I dont see where this comes into it as no sale was made, You only put money down so you could secure the sale. Probably best contacting consumer direct before any court claims.

I failed to mention it because I didnt!! I paid the deposit then viewed the car as stated. Thanks anyway Bud.

Freddie_Snowbits

Personaly though, why did you pay a deposit if you had not seen the goods?

Equaliser123

Not quite sure what you are looking for on here. You said that you have filed a claim although, from your post, it appears that you haven't set out the grounds for the claim at all.

Have they defended the claim?

Not sure what the long distance act is...

glider3560

If your claim goes to court, you will certainly need a more solid defence. There is no such act "The Long Distance Act". Also, you can't just quote "Sales of Goods Act", you will need to specify a particular section and justify how it applies to your claim.

What did you put in your "Particulars of Claim" on the claim form?

4743hudsonj

glider3560 wrote: »

If your claim goes to court, you will certainly need a more solid defence.

To be pedantic theyre not defending a case:p but yes your point stands, the op seems too have leaped before they looked.

glider3560

4743hudsonj wrote: »

To be pedantic theyre not defending a case:p

Oops, typed the wrong word :whistle:
Think I meant a "more solid case".

4743hudsonj

glider3560 wrote: »

Oops, typed the wrong word :whistle:
Think I meant a "more solid case".

Ill assume you havnt had any coffee and let you off:o