Refunding deposits

minivonne

I was wondering if someone could help me, I recently contacted a Car Dealer with a view to purchasing a new car. The part ex price he offered me was terrible so I agreed to sell my car privately and then use the proceeds to purchase a new car. The dealer sold the car I was interested in but said not to worry he was arranging for more of the same cars to be brought in. He requested that I pay a deposit of £500 to hold the car when it came in. I was given 2 wks to sell my current car and purchase the new car. I paid the deposit on Thursday and put my car up for sale. Unfortunately I have had no interest in my car, I called the dealer this morning to explain I felt under a bit of pressure to get the car sold etc etc and that I wanted to be able to take a bit of time to get things sorted. I requested that he return my deposit of £500 and once I had sorted everything my end I would return to purchase the new vehicle. He refused to return my deposit and said that he was out money for a car he was ordering in anyway!! I didn't sign anything, I wasn't told the deposit was non refundable and I have never even seen the car I apparently was committed to buy. Do I have any rights here?


Apologies for the long post...

mattyprice4004

If you weren't happy to buy it, you really shouldn't have paid anything - 2 weeks is a very short amount of time to sell a car.

He can only hold you to pay his provable losses, but he may well drag his heels before refunding anything.
He's probably unhappy that you've messed him around (and rightly so), especially if he's ordered you a car in specially.

More info in here: http://www.adviceguide.org.uk/wales/consumer_w/faq_index_consumer_affairs/faq_consumer_affairs_deposit_back_if_cancel_goods_or_services.htm

In short, you probably won't get it all back, if anything at all.

minivonne

Thanks for response, it's not that I'm not happy to buy it - more that I need a realistic amount of time to sort my own stuff out first! Surely though if he was ordering the cars in anyway it shouldn't cost him anything? Plus he ordered the car before I had even paid a deposit so his intention was to order it regardless!


My intention was most definitely not to mess him around I am a genuine person (and customer) but I am I right in thinking I realistically have zero rights - i.e. he can delay/not pay at all if he feels like it? Or just make things so difficult for me that I give up?


What if the car that I was supposed to buy was scratched/didn't work/wasn't what I wanted - am I still expected to forfeit my deposit?

nidO

If you have no paperwork signed, send him an LBA demanding return of your money within 14 days otherwise you'll issue a MCOL claim against him.

If the deposit doesn't get returned to you, do so, and he can explain to a magistrate why he feels he gets to keep £500 to hold a car he'd ordered anyway and can sell to someone else for the same price, and with zero paperwork provided to you.

minivonne

Thanks so much for that - sorry if I am being stupid but what is an LBA and a MCOL? Sorry!!

nidO

LBA - Letter Before Action:
http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

MCOL - MoneyClaim Online, also known as Small Claims Court:
https://www.moneyclaim.gov.uk/web/mcol/welcome

colino

If you really did pay a £500 deposit on a car he didn't have and one you haven't seen, stop this internet nonsense and go in and get your money back.
The world of commerce got on just fine before google.

burlington6

And be more realistic about what your px is worth. It's not the dealers fault you're going around messing people about

albionrovers

Ask him the registration number and exact spec of the "car he is ordering in".

minivonne

Thanks guys for the mostly helpful responses...

colino

No problem.