Deposit on New Car Refund

LJJA

Hi,

I heard of a decent deal for a new car. Phoned up and spoke over the phone with the dealer.
I put down a £2500 deposit on a brand new mercedes benz over the phone having not seen the car. 2 Days later I realised insurance was too much so cancelled over the phone. The Dealer said I may not get my full amount back as they had to get the car delivered from elsewhere. Today they say they want to deduct £515 for delivery charge to there dealership.

Do distance selling regulations apply in this case?

Am I due a full refund?

Thanks in advance

forgotmyname

I doubt it. Its cost them money to transport the car to them.

agrinnall

No, they can retain a reasonable amount relating to costs incurred, if they have actually had the car delivered then they can charge you for that, although you may be able to argue whether £515 is reasonable.

You should have known before agreeing to buy how much the insurance was likely to be, although to my mind anyone who thinks they can afford a brand new Merc should also be able to afford the insurance on it.

LJJA

But dont distance selling rules apply here?

Legally I am not in the strong hold with the 7 day cooling off period?

motorguy

LJJA wrote: »

But dont distance selling rules apply here?

Legally I am not in the strong hold with the 7 day cooling off period?

You cost them money and hassle.

Man up and accept that.

LJJA

Thanks for your reply but still havent had a reply to the actual questions.

Does distance selling apply? Am I entitled to a full refund?

wealdroam

Nothing to do with DSRs, but this post may help.

For info on DSRs, have a read of the OFT's Guide to the DSRs.

s_b

you contacted seller and placed a deposit to purchase
you now renege on the deal
be hopeful dealer doesnt go for full recompense and hold you to the purchase you made
i would
out of principle

wealdroam

As well as that OFT guide I linked to earlier, they have also produced another guide called

Cars and other Vehicles Sold by Distance Means - Guidance on compliance

Biketrials08

The DSR seems to revolve around contract completion and the actually delivery, have you received paperwork in relation to purchase, does it fulfil the requirements in the above link? Can you take delivery of the car, if yes it then appears you can cancel under the DSR, the only cost looks likely to be return of the vehicle to the dealer which maybe less than they are trying to charge you currenlty. Though issurance and tax costs may also arise if delivery is taken. If you have paperwork then have a look at canceleation terms to see if there is something you can use to your advantage.