Am I entitled to my deposit back?

redscarf88

I put a deposit down of £500 over the phone for a car I had seen on eBay. I then couldn't commit to buying the car but the guy won't give me my deposit back.

When I put the deposit down he said he was repairing a bearing or something and did I want anything else doing. I said do the cam belt, clutch and water pump. When I asked for my money back it had been in the garage for one day and he said I couldn't have it back as it wasn't a holding deposit it was to do the jobs.

As I have had this happen before with a dealer I know I am entitled to my money back if I haven't stepped on the premises and signed ro recieved a contract (which I haven't) and in the other case I got my money back. However is it different because he did some jobs?

The total of the jobs I know would be more than the £500 but I've looked on the eBay listing that's still there and it says new cam belt but no clutch or anything so I'm guessing he to,d the mechanics not to put it in. Therefore he can't have spend my full £500. He might have spent £300 I guess.

When I confronted him on the phone (before the listing was altered and I knew he hadn't done clutch) I said that I know my rights and he came back with that he knows his rights and he could send me the bill for the full works (at the time I thought included clutch).

So can I pursue my deposit or at least £200 of it? Could he send me the bill for the work?

parking_question_chap

No, you pulled out of the purchase.

colino

How much value do you put, at full retail rates, "I said do the cam belt, clutch and water pump."? Nothing to do with you having buyers remorse (again?!), all to do with pricing the work you have clearly instructed to be done.
Ask a grown ups help the next time you fancy buying a car.

Hintza

In my view you have bought the car especially since you then asked for work to be done. In theory you could be liable for the whole purchase price of the car.

shaun_from_Africa

redscarf88 wrote: »

As I have had this happen before with a dealer I know I am entitled to my money back if I haven't stepped on the premises and signed ro recieved a contract (which I haven't) and in the other case I got my money back. However is it different because he did some jobs?

The Consumer contract regulations are the legislation that allow you a 14 day period to return unwanted or unsuitable goods but these regulations have some exceptions.
The one that I would say applies here is that goods that have been made to the consumer's specifications do not qualify for the right of return and IMO, asking the dealer to fit a new water pump, clutch and cam belt would qualify.

motorguy

redscarf88 wrote: »

I put a deposit down of £500 over the phone for a car I had seen on eBay. I then couldn't commit to buying the car but the guy won't give me my deposit back.

When I put the deposit down he said he was repairing a bearing or something and did I want anything else doing. I said do the cam belt, clutch and water pump. When I asked for my money back it had been in the garage for one day and he said I couldn't have it back as it wasn't a holding deposit it was to do the jobs.

As I have had this happen before with a dealer I know I am entitled to my money back if I haven't stepped on the premises and signed ro recieved a contract (which I haven't) and in the other case I got my money back. However is it different because he did some jobs?

The total of the jobs I know would be more than the £500 but I've looked on the eBay listing that's still there and it says new cam belt but no clutch or anything so I'm guessing he to,d the mechanics not to put it in. Therefore he can't have spend my full £500. He might have spent £300 I guess.

When I confronted him on the phone (before the listing was altered and I knew he hadn't done clutch) I said that I know my rights and he came back with that he knows his rights and he could send me the bill for the full works (at the time I thought included clutch).

So can I pursue my deposit or at least £200 of it? Could he send me the bill for the work?

I think you're faily stuffed.

You bought the car by leaving a deposit, asked for specific work to be done to the car that the seller otherwise wasnt going to do, and now you've changed your mind so you should be entitled to a full refund?

redscarf88

Even though he spent £300 of my £500 deposit? Could I not get £200 back?

motorguy

redscarf88 wrote: »

Even though he spent £300 of my £500 deposit? Could I not get £200 back?

You've no idea how much he spent.

I wouldnt imagine it would take him much of an effort to demonstrate he'd spent £500

bigjl

redscarf88 wrote: »

Even though he spent £300 of my £500 deposit? Could I not get £200 back?

What makes you think he only spent £300?

People like you are why so many people chose to sell cars via WeBuyAnyCar or similar.

You don't know what you want and when you change your mind you think you should get everything back without any care about the cost others have had due to your actions.

redscarf88

Ok guys no need to be so horrible to me! I had a budget of £12500 which included a loan from my brother of £3000. How on earth was I to know that my brother would suddenly back out when he knows I put a deposit down and I even asked him if he was sure he could lend it to me.

I didn't just think "oh I don't fancy this car anymore". I'm not a messer. I would have absolutely loved that car. Your all so mean.

The reason about the £300 is that when I was asking for everything he was telling me how much it would cost for each part. He said £300 for cambelt. He hasn't had anything else done to the car.

I'm not trying to steal money back from him. If he'd have bought the clutch too and spent my full £500 I know it's not fair to ask for any back. I'm not stupid or horrible you know.

redscarf88

I only wanted advice about where I stand if he hasn't spent all my £500. If I have no legal right to it back then explain politely like 'Shaun from Africa' did. I'm not demanding my money back and saying I should have £500 back.

Please don't assume the worst of people.