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Can I get my money back from a car dealer??? Urgent help needed!!

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  • Crabman
    Crabman Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Worth remembering that even if the documents say the deposit is non-refundable, that doesn't make it either fair or enforceable - nobody can remove a consumer's statutory rights which protect against unfair terms.

    May be worth asking for advice from CAB. They can also pass information over to the local trading standards department if they feel the trader is being unfair: 0345 404 0506 (link)
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 20 August 2015 at 10:32AM
    You placed a deposit as a commitment, on both sides, to buy. You instructed work to be carried out, which they have apparently done. They have now reoffered the car for sale to move it on and the only discussion is on how much out of pocket they are going to be and that will be the amount of your returned deposit. They certainly can't profit from your purchase cancellation, but they aren't going to be at a loss for the parts and labour they have prematurely put into a car for a buyer who is backing out of a deal.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As above. Unfortunately your bereavement does not void the contract you agreed when you paid the (huge) deposit. Although the dealer has not handled it very well.
    No free lunch, and no free laptop ;)
  • dannyrst
    dannyrst Posts: 1,519 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    macman wrote: »
    As above. Unfortunately your bereavement does not void the contract you agreed when you paid the (huge) deposit. Although the dealer has not handled it very well.

    But the contract signed said nothing about the deposit being none refundable. Is that something that is implied by leaving a deposit? I'm not sure myself.
  • M45678
    M45678 Posts: 11 Forumite
    colino wrote: »
    If you have a signed contract, perhaps it would have been one of the many, many details that you could have shared in your original posting.

    Didn't ask you to read the "many, many" details did I. Clearly you've never lost anyone and then on top of that had a load of crap from a garage being difficult heartless twatts and seeing you out of £1000 after already suffering enough. So in the nicest way...do one!
  • mcpitman
    mcpitman Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    M45678 wrote: »
    Didn't ask you to read the "many, many" details did I. Clearly you've never lost anyone and then on top of that had a load of crap from a garage being difficult heartless twatts and seeing you out of £1000 after already suffering enough. So in the nicest way...do one!

    Whoa there...

    You asked for help from a public forum, expect these sorts of answers and move on.

    I think the previous person was trying to highlight that the originally omitted "contract" information may have been handy in the OP.

    Anyway, truly sorry for the loss of your father and agree this is a terrible way for the car dealer to handle your rather emotive problem.

    What dealer is it, is it a large chain/franchise or a small independant?

    From a business pint of view, they have carried out work you asked them to, this has cost them money, they need to recover that from somewhere and not necessarily themselves or the next customer.

    Morally though, you would have my every empathy and if I were the dealer would try and get to a place where you both compromise, allowuing you to move on with your lives.

    Suggest going to the top of whatever company this is and seeing where you go from there, agree 50/50 in this circumstance is probably a fair position.
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
  • M45678
    M45678 Posts: 11 Forumite
    Crabman wrote: »
    Worth remembering that even if the documents say the deposit is non-refundable, that doesn't make it either fair or enforceable - nobody can remove a consumer's statutory rights which protect against unfair terms.

    May be worth asking for advice from CAB. They can also pass information over to the local trading standards department if they feel the trader is being unfair: 0345 404 0506 )

    Thank you for your USEFUL help. I shall pay the CAB a visit. No it never stated that the deposit was non refundable. All I signed was a used vehicle invoice it stated the amount of deposit and balance remaining. Also there were damaged areas which needed painting which the man agreed shouldn't be like that and said he would sort out. He said they would paint them but on the invoice it actually says polish. I think because me and my mum are women they think they can fool us into anything. They picked the wrong women to mess with lol I'll take it as far as it needs to go to get at least a majority of my money back.
  • M45678
    M45678 Posts: 11 Forumite
    colino wrote: »
    I've done one. Does it make you feel better? I'm sure someone will be along shortly to give you, despite the legalities and all logic, the words you want to hear. It still isn't going to get you £1000 back though.

    Does it make you feel good to hassle someone that's grieving? Absolute moron
  • ChumLee
    ChumLee Posts: 749 Forumite
    M45678 wrote: »
    Thank you for your USEFUL help. I shall pay the CAB a visit. No it never stated that the deposit was non refundable. All I signed was a used vehicle invoice it stated the amount of deposit and balance remaining. Also there were damaged areas which needed painting which the man agreed shouldn't be like that and said he would sort out. He said they would paint them but on the invoice it actually says polish. I think because me and my mum are women they think they can fool us into anything. They picked the wrong women to mess with lol I'll take it as far as it needs to go to get at least a majority of my money back.

    And you think they'll tell you exactly what you want to hear without asking the facts?
  • M45678
    M45678 Posts: 11 Forumite
    mcpitman wrote: »
    Whoa there...

    You asked for help from a public forum, expect these sorts of answers and move on.

    I think the previous person was trying to highlight that the originally omitted "contract" information may have been handy in the OP.

    Anyway, truly sorry for the loss of your father and agree this is a terrible way for the car dealer to handle your rather emotive problem.

    What dealer is it, is it a large chain/franchise or a small independant?

    From a business pint of view, they have carried out work you asked them to, this has cost them money, they need to recover that from somewhere and not necessarily themselves or the next customer.

    Morally though, you would have my every empathy and if I were the dealer would try and get to a place where you both compromise, allowuing you to move on with your lives.

    Suggest going to the top of whatever company this is and seeing where you go from there, agree 50/50 in this circumstance is probably a fair position.

    Yes I know it's a public forum I just didn't expect people to be so rude to someone that's already had enough grief. Clearly I misjudged people.

    Thank you. They are a small independent company. I completely understand the dealers have suffered a loss and need some sort of funds back. However £300 out of £1000 is an insult. I am more than happy to negotiate with them and find a middle ground that suits all however £300 I feel is a joke considering the circumstances. Anyhow I will await to hear back from them as to wether they will do more for us and then go from there.
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