Ordered a new car yesterday - can I get my deposit back if I've changed my mind?

Gaz83

MartinWoods wrote: »

What's his age got to do with it? I'll tell you. Elderly people can be more vunerable to making bad financial decisions. Have you never seen an episode of Watchdog? It's full of examples of elderly people who have been conned by unscrupulous salesmen into buying stuff they don't actually need or want. Fortunately my father came to his senses and realised he had made the wrong decision and phoned the dealer the next day (this morning) at 9.00am to cancel the order. Thanks to those of you who pointed me in the right direction re consumer law and my fathers rights in this matter. It would appear that the dealership is not entitled to keep the deposit unless they have financially lost out in some way or incurred some expenses in this transaction. As the deal was done Sunday afternoon and the order cancelled 9.00am Monday morning then it is highly unlikely that they have incurred any financial loss. My father has bought two brand new cars from Honda Blackpool and his Honda Insight only has 13k miles on the clock. He also has terminal cancer - so why would he need a new car? Unless of course an unscrupulous salesman took advantage of him yesterday.
The links mentioned above were very relevant which stated:

"Only 'genuine losses' can be retained so things like loss of profit (for instance) would not be included as the company still own the asset and can still sell it at the given price.

It would be down to the seller to justify to the court that retention of a deposit was reasonable and would not amount to a financial penalty. There are many factors that determine what value would be reasonable or not; such as how close to the order date you cancelled, the nature of the items bought, the value of the deposit in relation to the value of the item. If you cancelled a second-hand car the day after you ordered then the retention of a £300 deposit would likely be a financial penalty. The retention the day before delivery would probably not."

Your old man 'coming to his senses' would have been to realise before visiting the dealer that he had a car with only 13k miles on the clock, not after.

Age is not a barrier to a consumer contract, and rightly so.

stugib

MartinWoods wrote: »

He also has terminal cancer - so why would he need a new car?

Dunno, why was he in a new car sales dealership?

photome

MartinWoods wrote: »

What's his age got to do with it? I'll tell you. Elderly people can be more vunerable to making bad financial decisions. Have you never seen an episode of Watchdog? It's full of examples of elderly people who have been conned by unscrupulous salesmen into buying stuff they don't actually need or want. Fortunately my father came to his senses and realised he had made the wrong decision and phoned the dealer the next day (this morning) at 9.00am to cancel the order. Thanks to those of you who pointed me in the right direction re consumer law and my fathers rights in this matter. It would appear that the dealership is not entitled to keep the deposit unless they have financially lost out in some way or incurred some expenses in this transaction. As the deal was done Sunday afternoon and the order cancelled 9.00am Monday morning then it is highly unlikely that they have incurred any financial loss. My father has bought two brand new cars from Honda Blackpool and his Honda Insight only has 13k miles on the clock. He also has terminal cancer - so why would he need a new car? Unless of course an unscrupulous salesman took advantage of him yesterday.
The links mentioned above were very relevant which stated:

"Only 'genuine losses' can be retained so things like loss of profit (for instance) would not be included as the company still own the asset and can still sell it at the given price.

It would be down to the seller to justify to the court that retention of a deposit was reasonable and would not amount to a financial penalty. There are many factors that determine what value would be reasonable or not; such as how close to the order date you cancelled, the nature of the items bought, the value of the deposit in relation to the value of the item. If you cancelled a second-hand car the day after you ordered then the retention of a £300 deposit would likely be a financial penalty. The retention the day before delivery would probably not."

Those elderly people you see getting conned, usually have a salesman in their house trying to sell something they dont need/want.

your father went to the showroom looking for a new car, there is a world of difference,

he is hardly a poor pensioner if has bought 2 new cars and he doesnt seem very vulnerable.

as has been said his age has nothing to do with it.


having said that a polite request asking them to justify their losses will probably get his money back

wealdroam

MartinWoods wrote: »

The links mentioned above were very relevant...

That's ok... you're welcome.

nearlyrich

I think the fact that you have named the dealer in the context of scamming your dad when he went there of his own volition and as a repeat customer the sales person was doing their job would go against them giving him the deposit back. Did dad decide he had made a bad decision or was his loving offspring annoyed to be losing some of the future inheritance ?

allconnected

his existing Honda Insight only has 13k miles on the clock and will do him for many more years.

He also has terminal cancer

Not all that terminal, then, if he's expecting in his eighties to get "many more years" out of his existing car.

nearlyrich

MartinWoods wrote: »

My father who is in his 80s has been talked into buying a new Honda Civic car from the Blackpool Honda dealers yesterday. After a sleepless night he decided it was the wrong decision as his existing Honda Insight only has 13k miles on the clock and will do him for many more years. So he phoned them up this morning to cancel the order for the new car and asked for his £200 deposit back. The dealer said he couldn't have his deposit back. This seems grossly unfair to me - is this right? Can they keep this poor pensioners £200 deposit?

Deposits are usually none refundable

wealdroam

nearlyrich wrote: »

Deposits are usually none refundable

Nearlyrich, are you sure about that?

Yes, deposit takers would like us to think that, but have a read of this post on the Consumer Rights sticky thread:
READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

philatio

elderly people who have been conned by unscrupulous salesmen into buying stuff they don't actually need or want

I assume from this statement that your dad was just walking past the dealership when the salesman ran out and dragged him in.

Otherwise it would imply your father was inside a car dealership, by choice, looking at cars that were for sale.

Chances of Matt Alwright being interested are very slim.

Hintza

The Old Boy was probably having a bu$$er them moment and decided to blow his money to stop it going to the family.

My mother bought a new car the other day she is in her 80's and if I had the cheek to suggest she wasn't compus mentis I would get clip around the ear. I have given up worrying, it is her money and if she wants blow it that is her prerogative.