Help me get my £1000 deposit back :0(

vax2002

Firstly did you sign any contracts, if you signed a "receipt" it was a contract not a reciept, you do not sign reciepts, you sign contracts.
So dig out anything you signed and post the conditions you signed up to.
In the meantime, call the credit card company, they will not act if there has been any delay.

bod1467

Send the dealer a Letter Before Action (templates available online) by recorded delivery requesting they return your deposit within 7 days. Set out in this letter the reasons why you request the return, mention also you have contacted Consumer Direct and that they have reported this to Trading Standards. Mention also that should they not comply with this request you will raise a claim in the Small Claims track.

Small claims can be raised online (https://www.moneyclaim.gov.uk/web/mcol/welcome) and the cost is reasonable - £35 to file and £55 for the hearing (if it gets that far). If you win then the other party also pays your reasonable costs, including the court costs.

Edit: as Vax says, a CC claim may be quicker.

brettbutler

I will post the conditions if any when I get hold of the paperwork at home later.

Already called Credit Card who are sending me a form to fill in - I think it's to do with section 75.

Got a ref number from Consumer Direct and also spoke with two local mechanics who advised I did the right thing to walk away from a Cat C vehicle due to potential future problems inclusive of chassis damage if there was any.

Thanks guys, I do appreciate it all...I have one large headache!

pinkshoes

A cat C will have involved some sort of damage to the frame, so hardly minor (otherwise it would have been cat D...).

A vehicle with a Cat C write off on the HPI devalues the vehicle by about 50%, so the seller definitely should have mentioned this to you.

I would send them a "Letter Before Action" (sent with proof of postage from 2 post boxes, just to make sure they get it) telling them that they mis-represented the vehicle, so you either want a 50% discount to cover the devaluation of it being a Cat C, or the return of your deposit in the next 14 days. If they don't comply, you will have no option but to take legal action to recover your deposit.

unholyangel

I may be misremembering but I was under the impression they were supposed to tell you if it had been written off as this could have some potential impact on your insurance.

bod1467

unholyangel wrote: »

misremembering

Who do you think you are? Hilary Clinton?

But I think you're right.

sarahg1969

http://www.tradingstandards.gov.uk/cgi-bin/wirral/con1item.cgi?file=*ADV0003-1011.txt

Selling a car that has been classified as a category C or D write off without making this clear to the consumer may be an offence under the Consumer Protection from Unfair Trading Regulations 2008 and you should report this to your local trading standards service. It is advisable to ask the trader whether the car has been in any accidents before the sale.

I believe this would be a misleading omission, which is an offence:

http://www.legislation.gov.uk/uksi/2008/1277/regulation/6/made

deanos

The garage would have done there own HPI check they are trying to pull a fast one,they may have even bought it from a scrap yard to "do up" , good luck op