Need urgent help, paid deposit/tax for car, dealer has now sold to someone else

idoitiam2011

Hi,

I need some urgent help if possible. Last week I paid a deposit of £70 and road tax to a car dealer and we agreed to complete the deal on the weekend and that as the car had no road tax on it, the dealer will get it under his name during the week, so I could complete the deal and drive the car away at the weekend.

But the dealer suddenly called and said the car has been sold to someone else and worst of all, sold it for more than we agreed because there was now road tax on it. The dealer has now said he will pay only some of the road tax money back and that I've lost the whole deposit because it is non-refundable.

Surely this whole thing is completely illegal.

Unless I'm mistaken, deposit is security to buy a car and the dealer cannot under any circumstances sell it to someone else unless I actually pull out of the whole deal which I hadn't.

When I paid the deposit, the dealer wrote the deposit amount and the remaining amount to be paid on one of their business cards and the dealer signed it. From what I've read so far, whether a verbal or written agreement, once a deposit has been paid, a car cannot be sold to someone else unless the buyer pulls out.

Are there any concrete avenues I can take to get all the money I paid back? Should the police be called in or do I need to contact trading standards?

Can anyone please help?

clarkey3262

Police are unlikely to get involved, I think it is a civil matter anyway. Best option would be go back, explain that THEY failed to complete the contract and you are entitled to all money you paid them (deposit plus road tax). If that fails then send a recorded letter entitled "Letter before action" (templates can be found on this site I think, if not google it) giving them so many days to refund the FULL amout you paid or you will take them to small claims, which you can do online and claim the full amout plus costs (letter, putting the claim in).

It is an unfair term of contract and completely unenforceable as they backed out of the deal.

I think that covers it be hopefully other more knowledgable members will correct me on anything wrong or missed in my post

HTH

Chris

squeaky

Hi

This page holds information on LBA's :- Resources

molerat

Report them to TS as well irrespective of the outcome. They obviously need their cards marking.

NoSatisfaction

If they gave you a time limit to complete the deal and you didn't then they may have a point.

But I would suggest you go there and demand your money back and don't leave till you get it.

More work, you could also sue for loss of a bargain, if you can prove it.

s_b

When I paid the deposit, the dealer wrote the deposit amount and the remaining amount to be paid on one of their business cards and the dealer signed it

this is the second time in 2 weeks i have read that people are leaving deposits and getting receipts on the back of a business card
why would anyone accept this?
wheres all the t and c's?
the details of the car for insurance purposes?
the address of the buyers so trader can fill in v5
basically these traders must either be operating off bomb sites or trying to get away with consumers and tax laws

if they dont give a proper receipt dont deal
end of
walk
nay run

vax2002

Sounds like "obtaining money by deception" and the police should investigate, however the police have forgotten what they are supposed to do and generally only investigate crime that they discover.

idoitiam2011

Thanks for the replies.

I got my road tax money back but dealer is not returning the deposit, saying it's too late and that I spent too long, but surely whether the sale takes 1 day or 1 week too long, that gives the dealer no right to sell a car off once a deposit has been paid, and then keep the deposit. I'll contact trading standars to see what they advise.

The only compromise made was to use that deposit for a different car at the same dealership but don't feel like dealing with them now.

Not sure what I'll do with getting the £70 deposit back, could do this letter before action and smal court process, but how successful could I be as the dealer will probably say that sale took too long, and that might lose my case and cost a bit of money aswell. Is it worth going throught the process anyway?

arcon5

It costs £35 and some offment for a £70 claim and would likely take a judge thirty seconds to decide in your favour.

Write them a letter before action then claim at the moneyclaim.gov website.

forgotmyname

Posted in motoring thread, Not so clear cut. Seems did not pay on time.

Missing details for the full story.

arcon5

Op, you say you agreed with the dealer to complete the deal at the weekend, then they suddenly phoned you to say the car was gone.... was this before the weekend you was supposed to collect?