Dealer refusing to refund deposit.

smashingyour...

Poopy wrote: »

Huh?

How does that help the OP?

You joined up just to help or are you posting on a second account?

Poopy

smashingyour... wrote: »

You joined up just to help or are you posting on a second account?

I have no connection with OP, was just trying to help.

TradePro

Poopy wrote: »

I have no connection with OP, was just trying to help.

Tilt

smashingyour... wrote: »

And?

Even if he were he would still we within his rights to instruct someone to represent him and claim costs if he wins.

That bit was meant to be sarcastic. Do keep up!

pompeyred

All this talk of bond, security and contracts is ridiculous. The motoring industry is not above the law and on that point where there is no legally formed contract then one cannot be enforced - motoring industry or otherwise.

You have already been given sound advice, that being you writing your position to the trader stating that you wish for 100% of the deposit to be returned (change the amount if you wish to represent goodwill, although I would be chasing my own costs if it were me and that is how the trader is being).

You do not have to entertain correspondence on any legal matter with the trader either. Be blunt and factual and advise that unless the matter is resolved within 14 days then you will not hesitate further in bringing the matter in front of a court.

For the amount of the claim, you will be looking at spending £35 to issue the proceedings and if everything is as you have said - you will win the claim. A few words on a piece of paper stating a sale amount and deposit contribution does not, has not and never will form a legally binding contract.

sirfragalot84

pompeyred wrote: »

All this talk of bond, security and contracts is ridiculous. The motoring industry is not above the law and on that point where there is no legally formed contract then one cannot be enforced - motoring industry or otherwise.

You have already been given sound advice, that being you writing your position to the trader stating that you wish for 100% of the deposit to be returned (change the amount if you wish to represent goodwill, although I would be chasing my own costs if it were me and that is how the trader is being).

You do not have to entertain correspondence on any legal matter with the trader either. Be blunt and factual and advise that unless the matter is resolved within 14 days then you will not hesitate further in bringing the matter in front of a court.

For the amount of the claim, you will be looking at spending £35 to issue the proceedings and if everything is as you have said - you will win the claim. A few words on a piece of paper stating a sale amount and deposit contribution does not, has not and never will form a legally binding contract.

Thanks must go to Pompeyred, tilt and Poopy (may have missed one). You seem to be the only people on here that don't want to make me look like a pr1ck for making a 'foolish' on the spot decision.

I have since found another mk2 and bought it. Yes, I have paid less but not much less. I am over the moon with this new car and in my opinion and many others; well worth the money I paid for it.

I will drop the dealer a letter in the post as per advice, but other than that I will probably not pursue any further because quite frankly I have had enough of dealers and don't want any more to do with them for this reason. (I know not all Traders are the same but I seem to attract the bad type) I have been stung twice this year both times by dealers - I have had 14 cars in my life and never bought a duff one privately.

About 3 months ago I brought a 1 owner, 3.5 year old Mk6 Golf GTi, with full VW Service History from another Dealer. 6 days after purchasing I went to start it and it stalled immediately and refused to start. The Cam Chain Tensioner had failed without warning and consequently the engine is now a paperweight (common problem on the TSI blocks I have since found out). Cut a long story short I am currently getting no where with the dealer despite my best efforts and even though they agreed to a full refund they are not fulfilling their promises. I have commenced legal action, which is incredibly stressful especially when I there is no guaranty I will ever get my money back.

I bet in some of your opinions this is 'my fault' too; judging by the way this thread has gone and the kind of bottom feeders that clearly scour this forum looking to big up their own ego's and not actually provide any useful information whatsoever. You know who you are!

On the other hand there have been a couple of people who actually took my OP for what it is (clarification of my legal position with regards to a deposit) and provided me with useful advice.

Again, thank you to those who have genuinely given sound advice and not tried to made me look like a bigger 'mug' than I currently feel... I only joined this forum because I thought maybe, just maybe I would get advice on my legal position and not slated by jumped up !!!!!h0les who think they know everything.

Ratboy

It looks to me that you are a naive, ill-informed person that doesn't listen to advice, and is soon parted from your money due to this, because you have a habit of purchasing vehicles that are not properly vetted, and fail at or soon after purchase, so you have nobody to blame, other than yourself, for trying to purchase a mk2 for £4k !!!

Do you have the word 'mug' tattoo'ed across your forehead?

pompeyred

Ratboy wrote: »

It looks to me that you are a naive, ill-informed person that doesn't listen to advice, and is soon parted from your money due to this, because you have a habit of purchasing vehicles that are not properly vetted, and fail at or soon after purchase, so you have nobody to blame, other than yourself, for trying to purchase a mk2 for £4k !!!

Do you have the word 'mug' tattoo'ed across your forehead?

Even if this person does have mug written across their forehead, exactly what would it be to you....? You seem such a pleasant person, just the type who should be giving out advice.

In your view, is it also okay for traders to pass less than fit for purpose goods onto customers because the customers simply don't have the same level of knowledge or savvy as yourself....?

Thankfully the law in purchasing vehicles from traders doesn't side with you or your attitude.

Dukesy

sirfragalot84 wrote: »

Thanks must go to Pompeyred, tilt and Poopy (may have missed one). You seem to be the only people on here that don't want to make me look like a pr1ck for making a 'foolish' on the spot decision.

I have since found another mk2 and bought it. Yes, I have paid less but not much less. I am over the moon with this new car and in my opinion and many others; well worth the money I paid for it.

I will drop the dealer a letter in the post as per advice, but other than that I will probably not pursue any further because quite frankly I have had enough of dealers and don't want any more to do with them for this reason. (I know not all Traders are the same but I seem to attract the bad type) I have been stung twice this year both times by dealers - I have had 14 cars in my life and never bought a duff one privately.

About 3 months ago I brought a 1 owner, 3.5 year old Mk6 Golf GTi, with full VW Service History from another Dealer. 6 days after purchasing I went to start it and it stalled immediately and refused to start. The Cam Chain Tensioner had failed without warning and consequently the engine is now a paperweight (common problem on the TSI blocks I have since found out). Cut a long story short I am currently getting no where with the dealer despite my best efforts and even though they agreed to a full refund they are not fulfilling their promises. I have commenced legal action, which is incredibly stressful especially when I there is no guaranty I will ever get my money back.

I bet in some of your opinions this is 'my fault' too; judging by the way this thread has gone and the kind of bottom feeders that clearly scour this forum looking to big up their own ego's and not actually provide any useful information whatsoever. You know who you are!

On the other hand there have been a couple of people who actually took my OP for what it is (clarification of my legal position with regards to a deposit) and provided me with useful advice.

Again, thank you to those who have genuinely given sound advice and not tried to made me look like a bigger 'mug' than I currently feel... I only joined this forum because I thought maybe, just maybe I would get advice on my legal position and not slated by jumped up !!!!!h0les who think they know everything.

On the presemption that I'm one of those jumped up !!!!!!, we're merely trying to point out, with the knowledge to back what we're saying, that you have been led up the garden path if you think the average Mk2 is worth £4000 or more. Better to find that out before you go and find another one, isn't it!

As a side note, Mk1s aren't really my forte, we've only owned one and that was some time ago, but according to the feature in this months Golf+ mag, a pristine Mk1 GTI should be expected to make around £8000, not £20,000. Just thought you'd like to know.

OddballJamie

Dukesy I expect the next thread will be 'How can I take my mis-sold £20k Golf back?'