Car dealer kept refundable deposit...recorded phone calls of them lying!

Hazzoura22

Quick question is...can we use recorded private phone calls as evidence in a small claims court to claim back £100 (supposedly refundable) deposit?

Long question details...

My husband and I went to look at a second hand car in an independent dealers. I liked the car from the outside but it was around 5:30, dark and rush hour so too late to inspect it properly and test drive so we said we'd come back the next day for a proper look.

The guy said they'd had a few similar cars that had gone really quickly and strongly suggested we leave a £100 deposit which he assured us would be fully refundable if we decided not to buy the car the next day (stupid of us I know, in hindsight, the car was not likely to go before we arrived next morning, but I was suckered in!) so we paid it by debit card, got a small paper receipt and left.

We went back the next day and on closer inspection the engine was rusty and there was a nail in the wheel that they would only 'repair' not replace so we said 'no thank you' gave them my husbands bank details and were assured it would be refunded in 3 working days.

We are still waiting and having been fobbed off and lied to several times think that they have no intention of paying.

When we phoned them after the 3 working days we decided to record the phone call (one iphone on speaker, the another recording) as we had already realised our naivety in believing a word they'd said. My husband relayed all the details and the guy said 'yeah mate, I remember, it's been processed, it sometimes takes 5 working days.'

We phoned again after another 5 working days (again recorded) and the guy said it hadn't been done but he had it in front of him and would send it right now, it would be with us tomorrow.

Phoned again (recorded) and we were told he had it front of him again, it would be with us before 12.

I've read the sticky thread about 'Is a deposit ever refundable?' where it says It would be down to the seller to justify to the court that retention of a deposit was reasonable and would not amount to a financial penalty. and they've already admitted they agreed to refund it, so I think we are within our rights to claim it back.

My worry is that we have no written evidence that the deposit would be refunded if we chose not to buy...our main evidence is the witness statements of myself and my husband, the small debit card receipt (plus bank statement with their company name on it) and then these recorded phone calls, where they do admit to intending to refund but never actually do so.

I think legally we're allowed to record personal phone calls, but will this be frowned upon if used as evidence in small claims court as they were not aware they were being recorded even though they are blatantly lying through their teeth in every one?!

P.s I know its only £100 and doesn't seem worth the hassle of going to court, its just the principle of it!

marliepanda

I think you have to inform the person they're being recorded. That's why every company says that to you when you phone.

You have currently no useable evidence. I'd just keep hounding them.

By all means threaten legal action but you cannot use the evidence youve got.

Marktheshark

Deposits and second hand car dealers are not a money saving option.
It a sure fire way to never see that deposit again.

You have legal options, you can sue, but most second hand car dealers are more than wise enough to fend of a CCJ, one in Leeds was in the local paper and has over 60 CCJ against him and never pays a penny.


However, some debit cards do chargeback like credit cards do, call the card company.

Sagz_2

Don't know the answer to your question, sorry, but you could offered to save them the trouble of refunding to your card and pop in to collect cash? On a busy weekend when they are trying to suckered in more customers

lucy03

Hazzoura22 wrote: »

Quick question is...can we use recorded private phone calls as evidence in a small claims court to claim back £100 (supposedly refundable) deposit?

It is possible to tell a judge in a civil case that there is a written transcript of a recording but that it was made without permission. There is precedent of the judge allowing that evidence to be submitted, but I've only heard of that being used in relatively extreme circumstances. I'd say that for the sums of money involved here, and the case in question, that it'd be inadmissible.

What you can do though is note the times you spoke to the staff member and just a brief summary of what was said. If your records are organised that would look good in court without needing to make any reference to the phone recordings.

Hazzoura22

Thanks Marliepanda, that was my initial fear as well, but then I just came across this thread:


http://www.consumeractiongroup.co.uk/forum/showthread.php?233294-Using-telephone-recordings-as-evidence-in-court

Interested to hear what others think of introducing them slowly in this way...

NewShadow

Just because you can't use it in a court case doesn't mean you can't use it if they deny they owe you money - You could quite happily send them a text, email, or a letter asking them to confirm what's happening with the refundable deposit.

They either ignore your contact - no loss there, respond and confirm - evidence for court, respond and deny it's refundable - at which point you can try and bluff them by sending a link to the audio file via a private file sharing application (dropbox?).

I've had luck with texts before as people don't seem to realise they can count as evidence - but I understand you might not have a mobile number for them.

Hazzoura22

Thanks for all the advice...sorry I wrote my last reply before all the others popped up.
I appreciate your time. Thanks we'll mull it over!

Hazzoura22

NewShadow wrote: »

Just because you can't use it in a court case doesn't mean you can't use it if they deny they owe you money - You could quite happily send them a text, email, or a letter asking them to confirm what's happening with the refundable deposit.

They either ignore your contact - no loss there, respond and confirm - evidence for court, respond and deny it's refundable - at which point you can try and bluff them by sending a link to the audio file via a private file sharing application (dropbox?).

I've had luck with texts before as people don't seem to realise they can count as evidence - but I understand you might not have a mobile number for them.

Brilliant! Thank you!