Car deal changed but dealer won't return deposit

manflu

Hi all

Last weekend I visited a dealer and made a deal on a car that he had for sale for £8000. The deal was he would give £4,500 for my car as trade in and the I would pay £3,500. I left a deposit of £500 and he promised to deliver me the newer car.

Come Friday we spoke and he told me that he has done a HPI check on my car and it's come back as a CatD and now it's worth £2,500. I was really shocked to hear this because I didn't know it had previously been preciously written off. I told the dealer that I'd think about it and get back to him.

I spoke to him today and told him that I had decided that I did not want to go ahead deal and he totally lost it. He said that he had already sent the paper work off to the DVLA and it's now my car.
He also said that if he took me to court they would make me pay for the car.

I tried to explain that I agreed on the deal we made last weekend and that had now changed but he was having none of it saying he had already spent £400 getting it ready and it's not his fault that my car is an insurance write off.
He said it would also cost him to get in touch with the DVLA to see if they would not register the car in my name. I said that he could take the money for that out of the £500 deposit that I gave him but he told me that I would not be getting any of that back.

I want to know where I stand with this. £500 is a lot of money for me to lose. I have had a look at the receipt and it does state that the deposit is none refundable. The receipt also states the deal we initially made of £4,500 for my car which is no longer the case. Do I have a leg to stand? Please help

mgfvvc

manflu wrote: »

He said that he had already sent the paper work off to the DVLA and it's now my car.
He also said that if he took me to court they would make me pay for the car.

He might think that, but I doubt if the court would agree.

manflu wrote: »

I tried to explain that I agreed on the deal we made last weekend and that had now changed but he was having none of it saying he had already spent £400 getting it ready and it's not his fault that my car is an insurance write off.
He said it would also cost him to get in touch with the DVLA to see if they would not register the car in my name. I said that he could take the money for that out of the £500 deposit that I gave him but he told me that I would not be getting any of that back.

It's not your fault that the car was Cat D either, assuming that he is telling the truth. Have you confirmed that independently?

manflu wrote: »

I want to know where I stand with this. £500 is a lot of money for me to lose. I have had a look at the receipt and it does state that the deposit is none refundable. The receipt also states the deal we initially made of £4,500 for my car which is no longer the case. Do I have a leg to stand? Please help

Under contract law, he can't unilaterally change the deal. I'm not sure of the legalese, but he can't say "accept £2,000 less or I am keeping your deposit."

Your options are to involve trading standards or call his bluff and claim the £500 back through the small claims procedure.

AdrianC

mgfvvc wrote: »

Under contract law, he can't unilaterally change the deal. I'm not sure of the legalese, but he can't say "accept £2,000 less or I am keeping your deposit."

Equally, he cannot be reasonably held to an offer of £4,500 made under the belief that the car had no write-off history, when it turns out to have that history.

What I am intrigued by, though, is how he's "sent the paperwork off". OP - did you leave the V5C with him? How about the car itself?

manflu

He says he has sent the paperwork off for the car he sold me that he is yet to deliver. I still have my one. I have done a HPI check on my car and it is indeed a CatD. I bought the car off my brother who didn't know this either when he bought the car. I was honest with the dealer pointing out the bad bits of the car.

Does he have a case to withhold my deposit and not return this?

EdGasket

Shouldn't the dealer have satisfied himself about your car before offering £4,500 not afterwards? I'd say you had a verbal contract and if there was no proviso about cat D's then that contact stands.

BykerSands

EdGasket wrote: »

Shouldn't the dealer have satisfied himself about your car before offering £4,500 not afterwards? I'd say you had a verbal contract and if there was no proviso about cat D's then that contact stands.

I wonder f you'd have the same view if the new car turned out to be a write off. Would you say the op has to pay over the odds?

You usually have to sign to say your trade in is not subject to a write off or non economical repair.

OP what work has the dealer done to prepare the car for sale? If it's stuff you requested and its cost him £400 you should be due £100 back from him.

manflu

BykerSands wrote: »

You usually have to sign to say your trade in is not subject to a write off or non economical repair.

OP what work has the dealer done to prepare the car for sale? If it's stuff you requested and its cost him £400 you should be due £100 back from him.

I'm not sure what work we had done but it was required for MOT. I didn't sign anything and have a receipt from him detailing the value of the newer car, price for trade in and deposit paid.

BykerSands

manflu wrote: »

I'm not sure what work we had done but it was required for MOT. I didn't sign anything and have a receipt from him detailing the value of the newer car, price for trade in and deposit paid.

Well if you haven't signed anything one will have to assume the contract is verbal. What exactly does it say on the reciept?

If he has spent £400 getting the car ready for you and can prove that a court would award you £100 if you took him to court. If he took you would you be forced to paying for the new car and the additional difference as yours is a write off? I doubt it, he'd be awarded his provable losses. The £400 and anything additional you've lost him by pulling out of the sale.

facade

I take it that the OP has checked and the car actually is a CAT D?

The dealer still wants it, but wants 2K more cash in the deal.......

Moto2

facade wrote: »

I take it that the OP has checked and the car actually is a CAT D?

Confirmed in post #4

motorguy

manflu wrote: »

Hi all

Last weekend I visited a dealer and made a deal on a car that he had for sale for £8000. The deal was he would give £4,500 for my car as trade in and the I would pay £3,500. I left a deposit of £500 and he promised to deliver me the newer car.

Come Friday we spoke and he told me that he has done a HPI check on my car and it's come back as a CatD and now it's worth £2,500. I was really shocked to hear this because I didn't know it had previously been preciously written off. I told the dealer that I'd think about it and get back to him.

I spoke to him today and told him that I had decided that I did not want to go ahead deal and he totally lost it. He said that he had already sent the paper work off to the DVLA and it's now my car.
He also said that if he took me to court they would make me pay for the car.

I tried to explain that I agreed on the deal we made last weekend and that had now changed but he was having none of it saying he had already spent £400 getting it ready and it's not his fault that my car is an insurance write off.
He said it would also cost him to get in touch with the DVLA to see if they would not register the car in my name. I said that he could take the money for that out of the £500 deposit that I gave him but he told me that I would not be getting any of that back.

I want to know where I stand with this. £500 is a lot of money for me to lose. I have had a look at the receipt and it does state that the deposit is none refundable. The receipt also states the deal we initially made of £4,500 for my car which is no longer the case. Do I have a leg to stand? Please help

The dealer is the expert.

He offered you £4,500 for the car, without completing his due diligence.

He now wants to change the terms of the agreement, and you have declined those new terms.

Hes changed the deal, you are entitled to your deposit back if he doesnt want to commit to his original £4,500.

Tell him you're happy to go ahead with the deal as originally described, however if hes not happy to do that then to refund you your deposit. If he wont, then small claims.