Help me get my £1000 deposit back :0(

brettbutler

I went to see a motorhome and the dealer advised there had been a minor accidednt with a motorcycle who ran into the back doors. His words were that they didn't have to repair it, but decided to as they wanted the new owner to have it like for like so they wouldn't have to do the work themselves.

I put a £1000 deposit down on this as they seemed genuine, but decided to do a HPI check when I got back.

It came back Category C - total loss from insurers, something they never mentioned.

I would like advice of how I can get my money back please due to the dealer not disclosing this info.

Thanks in advance, a stressed Brett x

maninthestreet

What were the terms and conditions under which the deposit was taken??

brettbutler

I will have to check. I don't think there were any. I got an invoice for the £1000 I put down which says balance to pay £16,000.

I will check but I don't think there were any T&Cs attached.

Brett

bod1467

IIRC the Cat C just means that the insurers decided that the cost to repair was high enough to make it uneconomical, hence they wrote it off. It doesn't mean it is unroadworthy. However I believe they should have told you this upfront.

Does the vehicle have a VIC and MOT?

brettbutler

They said it doesn't go through VOSA as it's not a car. It does have MOT but even I know this doesn't check for structural damage etc.

I did pay the deposit on a Credit Card, can I claim under section 75 of CCA 1974?

brettbutler

Also I understand re: the write off points, but mentioning a 'small minor accident' is not cat c write off words I would use :0(

texranger

brettbutler wrote: »

Also I understand re: the write off points, but mentioning a 'small minor accident' is not cat c write off words I would use :0(

the dealer mentioned

there had been a minor accidednt with a motorcycle who ran into the back doors

which they have corrected/repaired.

but an HPI check showed it as cat C

brettbutler

That's correct TexRanger

texranger

but a motorcycle who ran into the back doors would not warrant a cat C so i would be asking what other damage was caused. such as how big was the impact and has this also damaged the subframe of the vehicle which is more likely to make it cat C

bod1467

All very reasonable. However I'd suggest that the OP now wants to withdraw from the contract (due to misrepresentation, sold not as described) and is looking to get back the deposit.

OP - in terms of the deposit, all the retailer is legally allowed to retain are provable losses. i.e. costs they have incurred as a result of the contract. Even if they had provided T&Cs which said the deposit is non-refundable this would not matter - they cannot supersede legal rights.

Have you spoken yet with the dealer to get your deposit back?

brettbutler

I only found out it was Cat C when I got back home and decided to do the HPI check.

I've spoken to the dealer who are not co-operating and will not give the deposit back - they are threatening to sue for loss of earnings. There was only a few days between paying the deposit and getting in touch off the back of the new information I had.

Just spoken to Consumer Direct who have reported them to trading standards and said they have downplayed an accident and therefore misled us into paying a deposit for a vehicle I would have not normally gone near. They haven't discosed all the information necessary for me to make an informed choice.

I'm really stressed with this as it's alot of money to me

Please help...