£500 car deposit non refunded - section 75?

lisyloo

Don't you just love forums, it's the only place where grown adults come together to battle against one and other on who has the best knowledge, when most answers are not actually facts just opinions.

The OP should see a solicitor.
I've heard some do 30 minutes for free and in future consider buying insurance - it's only about £20 on home insurance if it's not included.

robinia

Thanks to all. Having followed this thread I feel I am now much clearer as to what I will do next - possibly.

For me there are now two objectives. The first is to get my deposit returned. The second is to avoid this happening again to me or anybody else.

With regard to the first point - the return of the £500 deposit - I will arrange to speak to a local solicitor as suggested earlier. Once any outcome is known I will update accordingly.

Secondly can a car be inspected without the buyer being committed to buying it regardless of the outcome of the inspection and not lose their holding deposit?

Reading Autoexpress there is a case of a buyer seeing a car online, leaving a £1000 deposit over the phone and then, later, changing his mind within the 7 day cooling off period (seemingly for no good reason). Buyer requests return of deposit dealer refuses. Buyer invokes Distance Selling Regulations and dealer has to return full deposit. Buyer never visits the site.

Would it be possible to do the above but to have the car inspected during 7 day period? Or would this be seen as the buyer visiting the site by proxy thereby nullfying Distance Selling protection? If this is the case the buyer would have to get a partner/ friend to book the inspection. Once the report is obtained by them they cancel, obtain full refund and pass report to original buyer. Do you think that this would work? Also this allows the original buyer to visit the site and view the car.

As long as deposit paid by credit card Section 75 applys and therefore card issuer liable.


As an aside when a house is purchased a price is agreed with the seller and then in 90% plus of cases a survey is done. Dependent on the results of this survey the buyer can choose to purchase or not. It is solely their decision (for whatever their reason/s ) not the sellers or that of the FOS. Equally the seller has no right to "repair/rectify" any identified faults and force the sale to be completed. There is an inspection of the house but no enforceable contract on either side. Does the above procedure replicate this and therefore achieve my objective?

Your thoughts appreciated.

Forwandert

DSR gives you 7 days to inspect the goods so yes think it would be viable to send someone else to inspect within the 7 days and get a refund. The actual 'purchase' would be before the inspection.

hartcjhart

unless you are buying a car that is rare then why not just look around a few then arrange a day to go back with the 'inspector' and then make your choice,
there is no reason to leave a deposit on a car

I have just 'sold' a car, the bloke came and looked made an acceptable offer and I have taken it off the market till saturday(no deposit)then he calls me back and says can I hold it till 14th april, no problem I say.

happy customers are good for business and a lot of the cars I sell are to people that have been told to come and see me by old customers

as I say not all car dealers are the same

lisyloo

As an aside when a house is purchased a price is agreed with the seller and then in 90% plus of cases a survey is done.

It's not the same.
You make an "offer" on a house, which is not binding in anyway.
The seller usually sticks to a "gentlemans" agreement to take the house off the market, although we know that guzumping and guzundering happen.
So there is no "deposit" at this point.

At the point you make a "deposit" this is at "exchange" of contracts and this is a binding agreement and in England & Wales you would be liable for costs if you pull out.

Does the above procedure replicate this and therefore achieve my objective?

Not in practice because most car dealers will not take a car "off the market" whilst you inspect it without a deposit. It's not analogous to house buying where you make a non-binding "offer".

lisyloo

then arrange a day to go back with the 'inspector' and then make your choice

If you pay for a third party inspection it's done on a single car.
They work Monday - Friday and lots of people work during these hours.

there is no reason to leave a deposit on a car

You will have to "book" an inspection in advance (at circa £150 per time).
It will not be taken "off the market" whilst your request for an insector is in the queue without a deposit.
So you risk the car being sold and losing your £150.

Of course if you can book a mechanic for a few hours on a weekend then that's great, but the dealer still may not be willing to let you take it off the forecourt on a weekend to inpsect it if you haven't left a deposit.
In some cases moving a car from a packed showroom has to be booked in advance.

as I say not all car dealers are the same

Great. But I don't think many are like you (unfortunately).

Perhaps we should all come to see you (not that I'd ever suggest you were angling for business :-)

hartcjhart

hartcjhart wrote: »

unless you are buying a car that is rare then why not just look around a few then arrange a day to go back with the 'inspector' and then make your choice,
there is no reason to leave a deposit on a car

I have just 'sold' a car, the bloke came and looked made an acceptable offer and I have taken it off the market till saturday(no deposit)then he calls me back and says can I hold it till 14th april, no problem I say.

happy customers are good for business and a lot of the cars I sell are to people that have been told to come and see me by old customers

as I say not all car dealers are the same

so to update ,the guy comes back today for a second viewing then changes his mind and does'nt want it,so I have wasted time and possibly a sale to another customer,but I dont care,it will sell,

BUT THIS IS WHY MOST DEALERS TAKE A DEPOSIT

lisyloo

BUT THIS IS WHY MOST DEALERS TAKE A DEPOSIT

Of course.
Getting someone to "put their money where their mouth is" is a standard way to guage serious intent.
Last year I was interested in a motorbike. I had to put a deposit down to do a test ride. As it happened I didn't like it at all and got the money back, but I understand the dealer wants to protect themselves from people who want to ride the bike with only a mild interest.
The bike had to be brought down in a lift form several floors up so I appreciate it's some effort for them.

This is why in general the suggestion of not putting down a deposit, simply doesn't stack up.

BTW - In that case it was agreed and standard policy that simply disinclination meant full return of desposit but test rides are not possible without a deposit.