Distance selling - deposit refund??

mandrum

Hi, sorry to be asking this question yet again, however after scouring for answers I believe my situation is different.
Basically I phoned about a car and explained I would have to speak to my wife, the guy said well just put a few hundred pounds down with visa. My wife immedietely appeared at the door and hated the car. The car was seen on auto trader, so unseen or test driven and no contract was signed. Is there any way I can claim this back, they say I cant. I e mailed them and phoned immedietely to cancel, left voicemail etc, literally 30 mins after paying the deposit over phone,

Many Thanks,

Andy

maninthestreet

Private seller or dealer?

TadleyBaggie

maninthestreet wrote: »

Private seller or dealer?

How many private sellers would have the ability to take a deposit via Visa? I think it is safe to assume it was a dealer.

OddballJamie

Give the bank a call and explain the situation. If the seller has not had to pay anything out to ready the car for you, they should do a chargeback for you.
Next time don't give out your card details so easily.

mandrum

Thanks guys, Was a dealer.

neilmcl

It's got nothing to with Distance Selling, as the contract as a whole would not have been concluded entirely via distance means.

mandrum

I havnt signed a contract or agreed to one verbally as such, the fact I had put down a deposit though, does that make it a contract

bris

mandrum wrote: »

I havnt signed a contract or agreed to one verbally as such, the fact I had put down a deposit though, does that make it a contract

Yes it does, your actions by putting down the deposit created the contract, however DSR may apply.

DSR will apply if the dealer sells at a distance in his normal course of business, i,e they regulary take sales via phone or internet, so is set up for distance sales.

DSR will not apply if it was a one off or a very irregular thing for them to do, dealers often advertise online or in Autotrader but normally sell face to face, so they are allowed the odd phone sale every now and again withou being subject to DSR.

What you need to do is determine whether they are distance organised or not.

bris

P,s they do still have to mitigate their loss, so if they find another buyer for the same price then they must give you back your deposit as it would constitute a penalty if they didn't.

The downside is though that they are allowed reasonable expenses out of the deposit, such as having to re advertise the car again, so depending on the size of the deposit it may be worth reminding them of this.

arcon5

How many private sellers would have the ability to take a deposit via Visa? I think it is safe to assume it was a dealer.

Portly_Pig wrote: »

Anymore running a business or selling off company vehicles.

Therefore not a private seller!

mandrum

I suspect ive lost it then. Thankyou everyone for the knowledge and advice.