£500 car deposit non refunded - section 75?

macman

Alex_LS wrote: »

The FOS doesn't make legal rulings, and contract law can be complicated at best. The OP indicates that he stated the deposit was subject to an inspection, which gives cause for a claim for breach of contract. The chance of success doesn't even rest solely on how favourably the claim would be judged; the dealer may decide to settle upon receipt of the claim - either because it's not worth the time/effort for £500, or because they feel they would lose - or they may not even respond and therefore lose by default.

It will cost the OP £25 to issue the claim online, and a further £25 if it ends up in court (all refundable if he wins). He may feel it's worth the risk.

That's not what the OP said in their original post. They merely said that they wanted to have the car inspected. Unlesss it was stated and agreed that the deposit was returnable if it failed the inspection, then there is no possibility of the deposit being returned. The dealer's transfer offer was more than reasonable and should have been accepted.

Alex_LS

macman wrote: »

That's not what the OP said in their original post.

But it is what they said in a subsequent post.

Forwandert

You might be better off posting this in consumer rights as this sort of situation has been discussed in there several times. From memory in situations like this you would be able to reclaim your deposit via court BUT minus any costs and charges the dealer has encountered from you not continuing with the purchase.

Edit: To add more information

BugsyBrowne

Have we established what rights the dealer has in situations like this.

lisyloo

The OP indicates that he stated the deposit was subject to an inspection, which gives cause for a claim for breach of contract.

I don't think it's as black and white as that.
Cars have thousands of mechnical parts. A second hand car is likely to have some minor faults somewhere. It's would be very unlikely to find a second hand car that you couldn't find any fault with amongth the thousands of parts.
I don't belive this gives the OP carte blanche to pull out without penalty over minor matter that could be fixed.
Of course that's an opinion and I have no objection to the OP getting proper legal opinion in fact I have suggested it.

The chance of success doesn't even rest solely on how favourably the claim would be judged; the dealer may decide to settle upon receipt of the claim - either because it's not worth the time/effort for £500, or because they feel they would lose - or they may not even respond and therefore lose by default.

I do agree with you there.

It will cost the OP £25 to issue the claim online, and a further £25 if it ends up in court (all refundable if he wins). He may feel it's worth the risk.

Last time I checked (recently) it was min £35 but I could be wrong.
It also might cost a day off work (hundreds), travel or lost business if self-employed. Of course they have to weigh that up according to their personal circumstances.
I'd be very interested to know the result if they do go.

We still don't know why the OP won't agree to the issues being fixed.
If the dealer did decide to defend then I believe the judge would look at the reasonableness of the actions of both sides.
The dealer have taken the car off the market for a period of time, allowed an inspector on the premises, lost the sale over minor issues and had their reasonable offer rejected.
The OP on the other hand wants a refund in FULL and has rejected the car over minor issues and rejected their offer of fixing or a transfer.
I would like to see it go to court TBH.

If I was in that situation I'd call my legal insurance for advice.

Forwandert

Since this transaction was last year I doubt the opportunity for the dealer to repair the car and the OP to continue with the transaction is still viable. If the dealer does still have the car due to deposit being disputed there won't be anything left of the deposit for the OP to reclaim as I'm guessing even at modest storage costs the deposit will have been covered in charges.

BugsyBrowne

This would be a long drawn out case if this went to court, the court can be in favour of the Op but who says the dealer will still pay.

robinia

Thanks for all advice to date.

To clarify I actually wrote "subject to inspection" on the deposit receipt before I signed it. I foolishly did not qualify this by noting that I would base my decision on the outcome of the inspection and that my deposit would be returned if I chose not to purchase the car. Therefore the dealer fulfilled their side of the bargain. An inspection took place, findings irrelevant, buy the car.

The lesson I have learnt is to only book an independant inspection if the seller agrees to hold the car (without a deposit) until this can take place. As Vax 2002 suggests only ever leave a deposit with a car dealer that you can afford to lose - rather like the lottery.

With regard to court action I think that taking a car dealer to court might be a potentially costly business given their ability to avoid CCJ's. If their is a possibility of successful court action (remote though it may be) do members think it worthwhile following the same path with the credi card provider? If so would Money Claim On Line be the best way to pursue?

Unfortunately I do not have legal insurance but will certainly investigate local solicitor consultation. Thanks.

lisyloo

To clarify I actually wrote "subject to inspection" on the deposit receipt before I signed it.

I am pretty sure you cannot just insist on your own terms and conditions just by writing them down. It would only count if the seller agreed to it either in writing or verbally.

The lesson I have learnt is to only book an independant inspection if the seller agrees to hold the car (without a deposit) until this can take place.

I am not sure dealers would do this without ANY deposit.
I've had deposit returned twice after bad inspections (not minor issues), but I agreed that in advance.

given their ability to avoid CCJ's

What do you mean by this?
They cannot avoid court judgements. They can of course decide not to pay them.

do members think it worthwhile following the same path with the credi card provider?

I think they are equally liable, but someone said you could do both at the same time.

If so would Money Claim On Line be the best way to pursue?

Yes.
Bear in mind you may face some costs like time of work, travel etc.

xyellowx

why did the inspection cost £150 ? one hour labour max plus a travel fee £70/£80 total