Used Car Sale - Terms & Conditions

tomwakefield

Flyboy152 wrote: »

I know which organisation I would prefer to accept.

Why would you accept citizens advice over trading standards?

clarkey3262

Flyboy152 wrote: »

Just to clear up any confusion:

Can I get a deposit back if I decide to cancel the service/goods I ordered?

This information applies to England, Wales, Scotland and Northern Ireland
You may be able to get your deposit back if it was put down as part-payment. You should remember that the trader is entitled to compensation because you have broken the agreement for goods or carrying out a service so keeping part or all of the deposit might be reasonable if the trader has spent money based on your order.
If you change your mind and it seems reasonable for the trader to keep the deposit because they have already spent money based on your order then you do not have to pay any more than the amount of the deposit.
Deposits can be refunded if the trader has not kept their side of the agreement or if you and the trader agree beforehand that the deposit would be returned in particular circumstances.

I think the bold part sums it up well, both parties need to agree to it before hand, the OP is backing out, not the trader so they are entitled to keep the deposit

Flyboy152

clarkey3262 wrote: »

I think the bold part sums it up well, both parties need to agree to it before hand, the OP is backing out, not the trader so they are entitled to keep the deposit

I think you missed the bit that said:

You may be able to get your deposit back if it was put down as part-payment. You should remember that the trader is entitled to compensation because you have broken the agreement for goods or carrying out a service so keeping part or all of the deposit might be reasonable if the trader has spent money based on your order.

If you change your mind and it seems reasonable for the trader to keep the deposit because they have already spent money based on your order then you do not have to pay any more than the amount of the deposit.

vax2002

How exactly does your garage know your car has a cracked piston, have they stripped the cylinder head off ?

clarkey3262

Flyboy152 wrote: »

I think you missed the bit that said:

Actually no, the OP paid the £500 as a deposit, not as part payment so the point is, the OP has backed out and broke the contract, so the trader is entitled to compensation for breaking the contract

Hintza

Flyboy152 wrote: »

If you paid by credit card, you can put in a section seventy-five claim with your card provider. If you paid by debit card, you can request a chargeback.

How could you justify a section 75 claim? The OP is currently the one in breach here.

Flyboy152

clarkey3262 wrote: »

Actually no, the OP paid the £500 as a deposit, not as part payment so the point point is, the OP has backed out and broke the crontract, so the trader is entitled to compensation for breaking the contract

When buying a car the deposit is a part payment.

Flyboy152

Hintza wrote: »

How could you justify a section 75 claim? The OP is currently the one in breach here.

No he isn't, the dealer is now refusing to take the part-exchange. That said, as has already been pointed out and confirmed by the link to The Citizens' Advice Bureau, the dealer can only keep what he has lost. As the dealer has lost nothing, the OP is entitled to all the deposit back (less any reasonable administration costs).

clarkey3262

Flyboy152 wrote: »

When buying a car the deposit is a part payment.

So then ALL deposits are part payment? Or is there so specil rule which defines the difference between the 2?

visidigi

Flyboy152 wrote: »

When buying a car the deposit is a part payment.

No its not, its a deposit - not any form of product payment. You 'virtually' get your deposit back when you complete the purchase - which is then used as part payment. This is the reason why its itemised as a deposit on a receipt for total payment - otherwise the receipt would just say 'total paid'.

It makes no difference if you are buying a car or an elephant, by default its not payment, its a deposit - otherwise it would be called part-payment - the only exception to this is if there is separately defined rules for the deposit which is given to secure the product.