Another car deposit refund question

bjcusick

I know there are lots of threads about lost deposits when buying second-hand cars but I think mine is slightly different and I'm hoping someone can offer some advice.

I recently placed a 'holding deposit' on an almost new car some 200 miles from where I live. I explained to the dealer that before I could complete the deal I needed to inspect and drive the car to make sure I was entirely happy.

No time limit was suggestedby the dealer in terms of how long they would hold the car. We discussed the possibility of me getting there late in the week (it was Sunday at this point), failing that the weekend.

Unfortunately my own car developed a fault on my way home on Friday. I carried out a repair on the car over the weekend which seemed to fix the problem so called the dealer on Sunday trying to arange a visit. Unfortunately, the dealer couldn't get access to their card payment machine so said I wouldn't be bale to pay for the car on that day.

The fault with my car returned on the Monday and I had to book it into a garage for repairs. I spoke to the dealer and explained that the car was going in on Friday and he agreed to wait although he did say the car would continue to be advertised (as it had been for most of the time).

I got a call from the dealer on the Friday my car was in the shop to say he had 'traded' the car to another dealer so it was no longer available. He also said that he did not recall that the deposit was only to hold the car and that any refund could only be partial since they had taxed the car and had been charged credit card fees for the deposit and would be again for any refund. Net effect a loss of £120 to me. They said the dealer taking the car was not prepared to pay for the road tax.

So these are my questions:
Do I have grounds for a full refund?
Should I have to pay the credit card charges when he is refunding a payment in full or in part?
If I was to ask for (and get) the tax disc, can I surrender it for a partial refund from the DVLA since I don't own the car?

I know most of the problems were down to me not being able to get there in what the dealer felt was a reasonable time. It was a total of 12 days from deposit to the car being traded...

Any advice would be appreciated.

s_b

you cant get the tax because car not registered to you
i think you need to put this one down to experience
i dont for a minute think they taxed it anyway but you could check online in a week
basically they have charged you a messing around fee in my opinion and you live too far away to do anything reasonable

little tip dont go so far next time for a washing machine on wheels as your own car proves they do break down when unexpected

lesson learned?:)

motorguy

s_b wrote: »

you cant get the tax because car not registered to you
i think you need to put this one down to experience
i dont for a minute think they taxed it anyway but you could check online in a week
basically they have charged you a messing around fee in my opinion and you live too far away to do anything reasonable

little tip dont go so far next time for a washing machine on wheels as your own car proves they do break down when unexpected

lesson learned?:)

As per what S B says really.

mikey72

You paid a holding deposit, he didn't hold it. Did you ask him to tax it? If not, I'd put in a charge back on the credit card for the full amount, and when and if he refunds anything I would agree to alter the charge back. As sb has suggested he may not even have taxed the car, so it could br a con anyway.

funkycoldribena

I just dont get why people keep doing this! Its just asking for trouble,especially when the cars 200 miles away.My opinion is never buy a car thats so far away you cant take it back if something goes wrong and never leave a deposit unless you are actually buying the car.
Might have to bite the bullet on this one, but might be worth having a go at what Mikey says-you've got nothing to lose.
I'd understand the logic of deposits on unseen cars if there was 30 cars in the UK but theres millions!

bjcusick

For anyone interested, I did get most of my deposit back in the end, all but the road fund licence fee of £100.

As you say, lesson learned but I doubt it will change my behaviour on buying cars at a distance.

Sometimes, the right car at the right price with the right trrade-in value is worth travelling for and you need to show comittment to the dealer that you aren't just another tyre kicker.

If I do this again I think it's probably best to get things in writing that the deposit is refundable in full if I cannot or do not go ahead with the purchase.

Thanks to all those who replied.