Dealership Refusing to give me my deposit

Amilia

Am quite new, and wanted some advice thanks in advance. So last two weeks i searched online for a car leasing and found what i thought was a reputable company, they offered me a leasing with a very low interest rate 5.5% which i was happy about, i then said i would let them know if i was going to take the offer. The chap was eager to get me to take this offer and pay deposit i told him i will think about it. Anyway i eventually paid the deposit and as am in the process of buying a flat in London, i am running low on disposable income so i called the company and told them if they could hold off on the car deal and get the car delivered to me in October instead or even better still cancel the agreement since i haven't even signed a contract, nor have i even sent off any documentation. I was shocked when he told me no he can't refund my deposit back to me. where do i stand? as i haven't legally signed a contract with them. Do i have a Leg to stand on

Quentin

Contracts don't necessarily require signatures.


Check the ts + cs regarding your deposit being non refundable, and if there is any discrepancy between the ts + cs and what you have been told raise a complaint.

Amilia

All i got was some documentation from Barclays and their T&C which states the offer is only valid for 30days and and if i sign the agreement and they pay for the car i have 14days to change my mind. Then on a little paper they stated that if i cancel the order or fail to pick the order up in the specific time frame am liable for 3 times the monthly fee plus VAT, but the 3 x the monthly fee and VAT only comes to about £400 an i put down a £2500 deposit.

Quentin

Wasn't the deposit paid to the car dealer (not the Bank)?


If so it's the dealers ts + cs you need to read up on.

Amilia

It was paid to the dealership, however the only t&C they gave me was if i was to cancel the deal they will charge me 3 x monthly lease fee and VAT which am fine with, but they won't return the rest of my deposit. They have now stop replying to my emails.

Quentin

If you are sure the deposit was partially refundable, (does the deposit receipt have any ts + cs on it?), then you do have the small claim court available to you.


Read up on how to issue a claim at MCOL.

Amilia

I wasn't given a recipe jut some documentation with regards to the car i was buying the terms etc, and also a T&C small section that states if they or me cancel the purchase order i will pay them 3x lease fee and vat. Thanks i will have a look at that section.

Tilt

I would seek face to face professional advise on this. As understand it in all cases there is relevant consumer law (which over rules company t & c's and/or policies) you have a "cooling off" period when entering into a financial agreement which allows you to re-consider whether you want to go ahead.

However, there maybe certain exemptions to the rules involving certain purchases which includes vehicle purchases. Vendors are allowed to recover their "losses" due to cancelled orders. For example; if they have commenced pre-delivery work on the car or fitted any optional extras at the customer's request etc.

It would appear though that this isn't the case here as no "vehicle order" has been signed by the OP. My advice is to formally write to the dealer (by recorded means) advising that you wish to cancel the "contract" and as such would like a full refund of your deposit. Any advice you get (and I repeat my opening sentence; seek professional advice) will no doubt tell you to do this in the first instance. I would do it without making too much reference to any previous correspondence with them.

agrinnall

What did the dealer say about your alternative proposal to delay deliver until October?

Wig

See a solicitor NOW.

nobbysn*ts

Treat any car dealer as Arthur Daley, and you won't go wrong. As the others say, they are trying to rip you off as usual.