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Toyota - can anyone advise?

Hi all, my Mum has a bit of a problem and I wondered if anyone can advise us.
Last week she ordered a new car from Toyota and applied for a Toyota finance deal. After going home and thinking about it and talking to my Dad she decided that actually she didnt really want to be spending the extra money that the car would be costing each month. She phoned Toyota to tell them this, they were understandably unhappy but have said that she is not entitled to have her deposit (£500) back as they had already ordered the car. The finance company have said that Toyota shouldnt have ordered the car as they had not yet agreed the finance. Both the finance company and the local trading standards office are saying that she should get her money back but Toyota are not budging.
If anyone knows anything about the legalities of this sort of thing we would be really grateful
Thanks

Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What does the contract say on the matter?How long since she signed it.
  • Lucysauntie
    Lucysauntie Posts: 52 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    she signed on tuesday of this week so only 3 days ago, not sure about the contract, will get her to check. thanks
  • RadoJo
    RadoJo Posts: 1,828 Forumite
    1,000 Posts Combo Breaker
    Did your Mum place the order over the phone, or in a Toyota sale room? Did she make contact with them, or did a Toyota sales rep approach her?

    M understanding of the very nature of a deposit is that you don't get it back unless specifically stated, or if the fault is with the supplier.

    It is all very well for the finance company to say that they shouldn't have ordered it until finance was agreed, but what about people who do not use their finance services - they would have to place orders on the same day for them, so it doesn't seem too unlikley that this is standard procedure.

    The proces of leaving a deposit is to avoid situations like this - I am not sure if your Mum was buying a car on a whim, but if she has just changed her mind, then I would be very surprised if this turned out to be Toyota's responsibility to sort out. If she had purchased an item from any shop and then just changed her mind, she wouldn't be entitled to a refund.

    I understand that it is frustrating, but a car is such a big purchase, I would have thought the details would have been worked out at the time and a clear statement given. Is there anything in the paperwork about circumstances under which a deposit would be returned?
  • vikingaero
    vikingaero Posts: 10,920 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Most dealers that I know of will refund deposits for compassionate/financial /change of mind reasons unless:

    1) It's a special order car
    2) It has a shed load of options
    3) They're sharks
    The man without a signature.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Hi all, my Mum has a bit of a problem and I wondered if anyone can advise us.
    Last week she ordered a new car from Toyota and applied for a Toyota finance deal. After going home and thinking about it and talking to my Dad she decided that actually she didnt really want to be spending the extra money that the car would be costing each month. She phoned Toyota to tell them this, they were understandably unhappy but have said that she is not entitled to have her deposit (£500) back as they had already ordered the car. The finance company have said that Toyota shouldnt have ordered the car as they had not yet agreed the finance. Both the finance company and the local trading standards office are saying that she should get her money back but Toyota are not budging.
    If anyone knows anything about the legalities of this sort of thing we would be really grateful
    Thanks

    Your mother entered a legally binding contract when she signed it (on the premises of the Toyota dealer?).
    The Toyota dealer is quite within their rights to retaon the deposit.
    I'm puzzled as to why Trading Standards believe that your mother is entitled to a refund.
    "You were only supposed to blow the bl**dy doors off!!"
  • nomoneytoday
    nomoneytoday Posts: 4,871 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The whole point of the deposit was to show, "good faith"

    Why should the dealer lose out because someone changed their mind?
    However, they may return in as a gesture of good will, or maybe use the deposit towards another product they sell...
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