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Deposit holding a car

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2

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  • ihateyes
    ihateyes Posts: 1,326 Forumite
    putting a deposit on a car, generally carries a non refundable deposit.

    As is buying most things like holidays, hotels....

    Some will give an x amount back, some nothing at all
    Promo codes are never always cheaper..... isnt that right EuropCar?
  • ihateyes wrote: »
    putting a deposit on a car, generally carries a non refundable deposit.

    As is buying most things like holidays, hotels....

    Some will give an x amount back, some nothing at all

    There is no such thing as a non-refundable deposit.

    OP, read the FAQ (some of the regulars should know better by now) http://forums.moneysavingexpert.com/showpost.php?p=42873192&postcount=16

    They cannot keep your deposit arbitrarily. They'd have suffered almost zero losses so you'd be entitled to the vast majority back.

    Write to them, give them a chance and then take them to small claims court.
    Thinking critically since 1996....
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    (some of the regulars should know better by now)

    Some of the other regulars are still waiting to see any precedence on this!
  • Hintza wrote: »
    Some of the other regulars are still waiting to see any precedence on this!

    Precedence as to whether unfair terms in contracts exist? Given there are a number of statutes protecting consumers from unfair terms then I am not sure what you are expecting.

    Obviously it depends contract to contract as per the FAQ post but if deposit retention amounts to a financial penalty then it is an unfair term, quite simply. The onus falls upon the company making the deposit retention to prove it is not a financial penalty.
    Thinking critically since 1996....
  • hcb42
    hcb42 Posts: 5,962 Forumite
    why not just get the loan with Tesco and buy the car anyway?
  • Vickym41
    Vickym41 Posts: 5 Forumite
    Thanks for all your replies, i understand i signed an order document it was very late in the day under pressure. The terms and confitions were not printed on the doc it was never pointed out that what i was signing made me legally bound . Usually there is a box to tick to say you have read and agreed to them. Anyway after a very long row with the general manager i actually feel if i dont go back and buy the car from them i lose my money as i spent time with his salesman. I have not slept i do not want to go back as i will be frightened of signing anything and felt quite bullied by them. i am still astounded as a consumer that i seem to have no rights at all here. I always thought as a consumer you did have a right to change your mind. I actually dont want a car from them as i think their tactics and morals are very underhand.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    There is no such thing as a non-refundable deposit.

    Yes there is.

    If the deposit is a genuine estimate of losses in case te contract breached then it is a non-refundable deposit.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    keyser666 wrote: »
    I think they would find it hard to mitigate their loses between agreeing at 5pm on a Sunday and cancelling at 08:30 the following morning

    Mitigating your
    Losseswould
    Be something
    You doafter
    The cancellation.not
    Between formation&
    Cancellation
  • ThumbRemote
    ThumbRemote Posts: 4,729 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    arcon5 wrote: »
    Mitigating your
    Losseswould
    Be something
    You doafter
    The cancellation.not
    Between formation&
    Cancellation

    Coming soon: New consumer rights thread from arcon5 entitled "New phone doesn't access internet properly"
  • arcon5 wrote: »
    Yes there is.

    If the deposit is a genuine estimate of losses in case te contract breached then it is a non-refundable deposit.

    Yep, quite right - fell into my own trap there getting annoyed by people thinking just because it is written into the contract that it is enforceable.

    The above is the only way a deposit is non-refundable.
    Thinking critically since 1996....
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