Help _ Car dealer taken our deposist and not refunding

Johnnyb76

My first post here.

I wonder if any of you kind souls could help me or point in the right direction where to go with this.

Recently we had our family car written off and where on the look out for something to replace it.

We had our hearts set on a second hand ford s max. We picked what we though was a reputable car dealers and went and looked at what they had.

The dealers didn't have the specif s-max we required but offered to get one in if we put a deposit down (£200.00). This was back on the 3rd of September.

Now when we put the deposit down which i was reluctant to do but he stressed that if we didn't want the car they had no legal right to keep the money and would return it.

Well to cut a long story short in the time it took them to get the car in we bought one else where as we where desperate to get a car. I also made this clear to them if it was to long getting it in this may happen.

So of course we rang the day we bought the other car and i was told the refund would be issued within in the week. Well no cheque turned up. We called numerous times each time told the same thing and still to date we have no money returned.

So finally i ring up to day and get the manager and after some heated exchanges. He tells me I'm not getting the money back.

I sorry for the long post but I just want our money back and would be ever so grateful if any one can advise me if this is legal and what we can do about it?

Many thanks John

Tilt

Send him an LBA (letter before action) giving him 7 days to refund your money or you will pursue him via small claims court. See link below on how to proceed;

https://www.moneyclaim.gov.uk/web/mcol/welcome

Buzby

Dunno where he got the 'no legal right' bit from. You paid a deposit for the guy to get you a replacement vehicle. You then sourced one elsewhere. He can justly claim you've lost the right of refund as you went elsewhere. You would need to take him to court, but if he proves he went to any effort to obtain a replacement (whether successful or not) the money is rightfully his unless you have it in writing or an independent witness agrees he said you would get your money back.

It never pays to pay a deposit to hold something that does not (yet) exist.
As it stands - you will have to undertake the pursuit, and if unsuccessful, pay their (capped) costs too.

Tilt

Buzby, don't you think its a little unreasonable for the dealer to to keep the deposit after the OP has waited a month for the dealer to find a car?

atrixblue.-MFR-.

cash or credit card? put on as deposit.

bris

Tilt wrote: »

Buzby, don't you think its a little unreasonable for the dealer to to keep the deposit after the OP has waited a month for the dealer to find a car?

Unless a timescale was part of the contract then yes, generally he would be within his rights to keep the money.

In this case though he verbally agreed to refund the money if they decided not to go through with the sale so legally his word forms part of the contract. Getting him to admit that though is a different matter, a judge would need to decide who is telling the truth.

andygb

Why would anyone be stupid enough to put a deposit on a second hand car which had not yet been sourced?
The dealer then has to spend time looking for a good match, and then what happens if it is not the right colour/trim or anything else?
What a bizarre situation.

Hintza

Never ever give a car dealer a deposit unless you are 100% sure you have DONE the deal.

If they need a deposit to source a car then I would go elsewhere.