Car Dealer Will Not Return Deposit?

Gavin83

wrkactjob wrote: »

No problem, I have contacted my bank, I explained I gave my card details to the dealer as a gesture of goodwill but didn't give him any authority to withdraw funds on a cardholder not present basis.

They have agreed to reverse the transaction.

Result.

This was a really stupid idea. The bank will most likely investigate the car dealer. In the very unlikely situation that they don't you'll find the car dealer will contact the bank anyway to ask why the payment was reversed. In either case the car dealer will inform them that you did give authorisation and it's quite possible the call was recorded. Besides who give someone their card details as a gesture of goodwill?

What you've done is fraud. You could see yourself with a criminal record and a fine far larger than the original £250, or even a prison sentence.

I would contact the bank and retract your previous comment otherwise you will come to regret it later.

TrickyWicky

Gavin83 wrote: »

What you've done is fraud. You could see yourself with a criminal record and a fine far larger than the original £250, or even a prison sentence.

While I agree with most of what you've said the above is grey territory. The police won't get involved with it as they'll see it as a civil dispute.

Joe_Horner

TrickyWicky wrote: »

While I agree with most of what you've said the above is grey territory. The police won't get involved with it as they'll see it as a civil dispute.

Sadly probably true, although:

Fraud by false representation
(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—
(a)it is untrue or misleading, and
(b)the person making it knows that it is, or might be, untrue or misleading

http://www.legislation.gov.uk/ukpga/2006/35/section/2

Seems like a pretty clear-cut description of the OP's self-admitted actions from here. Even if the dealer WAS only entitled to his expenses, the OP's false statement has lost him those, and also exposes him to the risk of serious further losses if the bank take action for the alleged unauthorised transaction.

Doesn't actually matter whether the bank do or not, he's still exposed the dealer to the RISK of those losses. I'd suggest that's a far more serious concern than the deposit itself.

andygb

As others have correctly pointed out, it is well within the powers of the authorities to look at the OP's comments on this forum and trace them via the IP address.
As the OP has committed an act of fraud (by their own words, not ours), then it would be quite possible for action to be taken.
Of course, this whole story could be a pack of lies, and the OP a simple (very simple in this case) internet troll.:p
So OP, you are either a fraudster or liar - which is it?;)

I shall await a reply from your solicitors :rotfl::rotfl::rotfl:

stuntwomble

mikey72 wrote: »

So what happened to the dealer only being able to charge the customer for his actual losses, and being obliged to refund the deposit otherwise?

As has been said in many previous threads?

If the dealer had played fair originally, I think the op may have had to had acted differently.

Totally agree.

Joe_Horner

mikey72 wrote: »

So what happened to the dealer only being able to charge the customer for his actual losses, and being obliged to refund the deposit otherwise?

As has been said in many previous threads?

If the dealer had played fair originally, I think the op may have had to had acted differently.

That becomes pretty well irrelevant when the OP decides to act criminally rather than pursue the matter in a legal way. Criminal fraud trumps civil dispute every time in terms of seriousness.

You probably wouldn't approve of someone machine-gunning the neighbours' kids cos they were being noisy on the street - you'd expect them to act within the law to get it sorted.

Then again, where noisy kids are involved......