Car dealer deposit - won't refund

P3rks

I have now,

I wouldn't say this applies in my case, I didn't cancel - The seller couldn't meet the original terms and I didn't agree to the new ones.

Unless I'm mistaken?

P3rks

bod1467 wrote: »

If the n/s front brake was binding/gripping then this would cause the car to pull to the left. Fix that and the "tracking" issue should be resolved.

It's the n/s rear i'm led to believe. But I agree and this could cause the issue.

Problem is, this should have been done for Friday just gone and I've found anther car now. If he would have been honest on Friday or actually did the work he said was done I would have bought the car that evening. I had the cash ready, insurance lined up, HPI checked etc.

To be fair, I don't trust him now. He said he did the work, but apparently now he didn't.. Whats to say he actually had the tracking sorted, or will do the service, cambelt and water pump if I were to go ahead? Fool me once shame on you springs to mind.

DaveTheMus

P3rks wrote: »

I have now,

I wouldn't say this applies in my case, I didn't cancel - The seller couldn't meet the original terms and I didn't agree to the new ones.

Unless I'm mistaken?

By the sounds of it they have now met the original terms i.e the tracking will now be fixed and the car no longer pulls to the left...
The next business day from Friday...

What's the point of a deposit if not to secure an item for purchase and surely some of that deposit should be forfeit if the sale is cancelled by the buyer.

You accept the £100 you'll at least get £100 back...

Pursue the £200 and you'll most likely get nothing...

P3rks

DaveTheMus wrote: »

By the sounds of it they have now met the original terms i.e the tracking will now be fixed and the car no longer pulls to the left...
The next business day from Friday...

What's the point of a deposit if not to secure an item for purchase and surely some of that deposit should be forfeit if the sale is cancelled by the buyer.

You accept the £100 you'll at least get £100 back...

Pursue the £200 and you'll most likely get nothing...

Well, technically they haven't rectified anything, they only think it will - The same story I heard last week.

I agree in deposits and the reasoning for them. If I had pulled out I wouldn't expect anything back. The fact is I wanted the car, but as of Friday the deal was off as the dealer didn't want to do anything else; so I moved on. I need a car, I'm not going to sit around a wait for a phone call just in case they change their mind and decide to honour the original terms, that's ridiculous. Why should I be penalised?

DaveTheMus

P3rks wrote: »

Well, technically they haven't rectified anything, they only think it will - The same story I heard last week.

I agree in deposits and the reasoning for them. If I had pulled out I wouldn't expect anything back. The fact is I wanted the car, but as of Friday the deal was off as the dealer didn't want to do anything else; so I moved on. I need a car, I'm not going to sit around a wait for a phone call just in case they change their mind and decide to honour the original terms, that's ridiculous. Why should I be penalised?

You were daft enough to leave a deposit on a second hand car then cancel the deal?

Take the £100 then you get something...fight for the £200 and you may get nothing... It's up to you.

Hopefully this will sharpen your mind when next making a large purchase.

P3rks

DaveTheMus wrote: »

You were daft enough to leave a deposit on a second hand car then cancel the deal?

Take the £100 then you get something...fight for the £200 and you may get nothing... It's up to you.

Hopefully this will sharpen your mind when next making a large purchase.

You mean the deal they couldn't deliver? It's not like I cancelled because I changed my mind.

But yes, 50% of something is better than 100% of something. Frustrating that it has to be that way, I don't think I did anything wrong. If they had sorted the tracking I would have had the car on Friday.

Now I'm £100 down plus £55 hire car costs from the weekend as I was expecting this car on Friday. Not happy.

DaveTheMus

P3rks wrote: »

You mean the deal they couldn't deliver? It's not like I cancelled because I changed my mind.

But yes, 50% of something is better than 100% of something. Frustrating that it has to be that way, I don't think I did anything wrong. If they had sorted the tracking I would have had the car on Friday.

Now I'm £100 down plus £55 hire car costs from the weekend as I was expecting this car on Friday. Not happy.

If you're not in need of the money at present, then by all means pursue, but go into it with your eyes open.

If you need the money for something or other then getting the £100 is better than the drawn out process of court action...and when claiming against a company it's too easy for them to ignore


In future don't leave a deposit on a car unless it's a particularly rare model that you're looking for...

You could ask him to meet you in the middle....£150.

wary

There is one advantage to accepting his £100 offer, which is that it will allow you to put the unfortunate experience behind you and move on in life. To pursue it will no doubt be a lot of stress, hassle, wind you up further and be time-consuming. There may be a principle here, but standing up for a principle often involves a certain amount of cutting one's nose off.

Personally I'd take the £100 and move on especially as there is no guarantee I'd win, but £100 isn't that much to me and I'm all about avoiding stress in life. Partly depends on whether it is an amount that you can afford to lose. You could get your own back by leaving bad reviews wherever possible, filing complaints about their advertising with the ASA ... which might at least leave you feeling better.

Good luck with it.

P3rks

It's a tough one isn't it?

I'm inclined and was from the start to take the £100 and run. But then principle comes in.

I have drafted a e-mail to the dealer outlining the history of the sale so I have it in writing and also the breaches of the Consumer Protection from Unfair Trading Regulations for used car dealers.

A little extract:
1) You are in breach of the Sale of Goods Act 1979. The Consumer Protection from Unfair Trading Regulations 2008 clearly states all faults should be rectified and gives a clear example "A consumer complains that a ... is faulty and not of satisfactory quality. He allows you to try to repair the car. The car still has the same faults despite the repairs. The consumer will in these circumstances still be entitled to reject the car for a full refund." - You failed to meet our agreed sales terms by not rectifying the vehicle tracking - to date the car still tracks to the left.
2) The car was advertised as HPI clear, to date my report from HPI using the details provided by yourself states otherwise. This is a secondary breach in Sale of Goods Act 1979. The Consumer Protection from Unfair Trading Regulations 2008 states "any deposits that have been paid should be refunded in full if the consumer is not satisfied that the conditions of the pre-contract agreement have been met." Not only does this statement relate to the HPI check but also point 1). Thus meaning you are liable for your costs on the vehicle to date and I am eligible for a full refund.
3) I explicitly requested the car to be ready for no later than Friday 1st May evening. This was verbally agreed on more than one occasion. Once again, you are in breach of the Sale of Goods Act 1979. The Consumer Protection from Unfair Trading Regulations 2008 Contractual Obligations states "Carrying out repairs to consumers’ faulty vehicles with reasonable care and skill and within a reasonable time (or within the specific time agreed) in accordance with your legal obligations under the Supply of Goods and Services Act 1982" We have passed this date and I am eligible for a full refund.

P3rks

Sent the e-mail to the dealer. I was firm and informative of my rights. Bingo. Deposit is on it's way back to me.