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Where do I stand legally with a deposit?

TWATTY
TWATTY Posts: 30 Forumite
I saw a car on the internet a few weeks ago, agreed a price and paid the guy a £200 deposit online.
A week or so later the guy drove the car over to me and I was hugely disappointed. The car looked mint on thephoto's, and ok from a distance but close up there were a few issues not pointed out in his listing which he said was as detailed as he could be.
Worse still, in the engine bay some piping had been taken out and blanked off and there was oil all over the engine and on a test drive it was very under powered to the 201bhp he was claiming.
I told the guy of my concerns and he was very understanding and said he would put the pipework back, get the engine looked at, set up correctly and get back to me. When I'd said about the paintwork he also said that he'd just copied and pasted the listing from when he'd bought it a few months previously.
The listing online says that the car is now sold and he's not answering to me, I also got insured and incurred costs cancelling that. I've done some research and have his details, where do I stand legally with this?
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Comments

  • forgotmyname
    forgotmyname Posts: 32,820 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you dont want the car and it was not as advertised then tell him you wont be buying it and want your deposit back.

    Take a copy of the listing in case it changes or gets removed.

    If it was ebay then leave a warning to future buyers. Put car not as described. many faults no listed.

    Something short and sweet to deter future bidders.

    Your insurance and others costs are down to you. Dont buy cars unseen.
    Censorship Reigns Supreme in Troll City...

  • TWATTY
    TWATTY Posts: 30 Forumite
    It's not that I don't want it, he's sold it to somebody else and is now ignoring me.
  • harveybobbles
    harveybobbles Posts: 8,973 Forumite
    Maybe you shoud leard not to be so much like your username on here and view the car next time.

    Put it down to experience.

    Was it a Civic Type R any chance..?
  • TWATTY
    TWATTY Posts: 30 Forumite
    Shut up you div
  • kfw_2
    kfw_2 Posts: 54 Forumite
    Did you pay deposit via paypal, if so you can make a claim through them. If you made a standard bank transfer then I think the only other way would be to start a small claims tracker, through the local county courts; that however won't be quick and easy.......
  • TWATTY
    TWATTY Posts: 30 Forumite
    kfw wrote: »
    Did you pay deposit via paypal, if so you can make a claim through them. If you made a standard bank transfer then I think the only other way would be to start a small claims tracker, through the local county courts; that however won't be quick and easy.......

    Thanks, it was a bank transfer, I figured it's one for the courts.
  • TWATTY wrote: »
    Thanks, it was a bank transfer, I figured it's one for the courts.

    Is it a private seller? I don't think it's usual to pay a deposit not sure that has any legal standing?
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Maybe you shoud leard not to be so much like your username on here and view the car next time.

    Put it down to experience.

    Was it a Civic Type R any chance..?

    You're a scammers dream
  • TWATTY
    TWATTY Posts: 30 Forumite
    Yes, private.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Harvey might not have expressed it particularly well, but he does have a point...

    - You agreed to buy a car from a private individual, sight-unseen, and paid a deposit.
    - The vendor delivered the car to you, with full payment due.
    - At that point, you decided to back out of the deal.
    - The vendor has now sold the car to somebody else.

    What sort of percentage of the agreed price is the deposit? Your only chance of getting it back is to launch a legal claim for it - https://www.gov.uk/make-money-claim-online - but if he chooses to defend the claim, you are not in a strong position.
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