Car Deposit

rabbitcrocker

Hi guys & gals,

Need some advice. I'm in the market for a second hand car & yesterday came across something I liked at a local dealer. I was in a rush & couldn't test drive the car at the time, so the guy said to take a deposit, test drive the car later & if I didn't like it he would give me the deposit back no questions asked. I'm sure you all know where this is going...

Anyway, I took it for a drive & still wasn't sure so asked if I could sleep on it. Rang them today & said I had changed my mind, the guy is refusing to give my deposit back due to time & business lost.

Is he able to break a gentlemans agreement like that? Is there anything legally I can do? I did not sign anything, but he did take the deposit by debit card.

Any advice would be much appreciated or is this just a harsh lesson in how not to trust car salemen?

bikebarbie

hi
does the company have a website? Maybe the T&C are stated there? Or you can send an email as a 'new query' and ask the question indirectly, hopefully they'll reply and you will have in writing that they will refund a deposit after a test drive.
How much is it? Not sure if you could take to the small claim court, as it's still a verbal contract...

forgotmyname

You test drove it and failed to say you didnt like it, Should have asked for the deposit back and used it
to haggle the price down.

cyclonebri1

The fact that he said "if you didn't like it" and you told him "you'd changed your mind" may be the reason for the issue???
Although knowing the typical car salesman, apologies to Harvey, trying to get a deposit back is "difficult.

Someone will give you pointers on the use of the debit card, unfortunately I'm not that familiar with the situ,

Hintza

Why do people keep doing this?

You only leave a deposit when you have dealt, not before and especially not before a test drive. You would think there was a shortage of second hand cars.

Now OP since you say he promised it back, get yourself down there an a Saturday morning when he is busy and create a fuss. He will either pay you your deposit or have you kneecapped.

funkycoldribena

Hintza wrote: »

Why do people keep doing this?

You only leave a deposit when you have dealt, not before and especially not before a test drive. You would think there was a shortage of second hand cars.

Now OP since you say he promised it back, get yourself down there an a Saturday morning when he is busy and create a fuss. He will either pay you your deposit or have you kneecapped.

I know its after the fact but I dont understand this either,putting a deposit down is the last step when buying a car not the first.

CHR15

But people put a deposit down to stop it being sold to someone else whilst they ponder the decision.

The dealer can't sell it to anyone else once the deposit has been paid so is in limbo whilst this ditherer is pondering the purchase.

It's almost an abuse of the deposit purpose, I make a decision, pay the deposit and pay the remainder on collection, once they "performed" (ha ha) their 987 point check/service/new MOT and scotchguard protection (i.e get the apprentice to give it a quick wipe over with a rag)

cyclonebri1

CHR15 wrote: »

But people put a deposit down to stop it being sold to someone else whilst they ponder the decision.

The dealer can't sell it to anyone else once the deposit has been paid so is in limbo whilst this ditherer is pondering the purchase.

It's almost an abuse of the deposit purpose, I make a decision, pay the deposit and pay the remainder on collection, once they "performed" (ha ha) their 987 point check/service/new MOT and scotchguard protection (i.e get the apprentice to give it a quick wipe over with a rag)

Without offence, if only that were true. I know of several friends who've put a refundable deposit down over the phone on a rarely found car, driven a hundred or more miles and found the car "gone".

Sorry again Harvey but cash in the had is worth blah blah bla........

rabbitcrocker

Thanks for all you replies. Allot of you are saying I should not have done it in the first place, but I'm afraid this is something I've never done before so an expensive lesson learned. I'm just trying to find if there is anything in law that I can use against him.

cyclonebri1

I'm not an expert, someone else will comment on that, but something along the lines that the car was "not as described" when you examined it would be my approach. :money:

PS How much deposit are we talking here?

property.advert

I'd get someone with a decent education and not a hot head to go down and retrieve your deposit. Don't send a Neanderthal.

Your contract and verbal is binding, is that he would refund your deposit. He has broken that contract, according to the information you have supplied. However, if you agreed to a sale and then decided against it the following day, it is a different situation. Nevertheless, if he has no sales paperwork with your signature on it, he is going to lose one way or another.

Go down on Saturday, if he fails to give your deposit back, be prepared to tell people he is a cheat and not to do business with him. Be prepared for a verbal altercation though. I may even ask the local plod to waltz past his place if he even hints at any aggression.

Loads of options really but you have to get him to realise that refunding you is the cheapest and easiest option for him. At the moment, it isn't and you have to change his perception of that.