Getting our Deposit Back for a New Car

bheather1

Hi all

I know the answer would normally be "no" that we arent entitled to our deposit back. However, bear with me. We dont NOT want the car, we just dont want to deal with the dealership anymore.

Myself and my partner went into a natiional garage to purchase a new Nissan car. When we went in it took over 4 hours, but they said that we could take the model that was on the forecourt, that was brand new. it was available as they were geting the new version in. He told us that they had various small upgraded features such as Chrome pack etc. I am currently 9 months pregnant and the wheel had just fallen off my 3 year old car, so we really needed to change it as I didnt feel safe anymore. We were happy wit this car so we paid a £1000 deposit to help us with the finance application. This was on a saturday and we were told we would hear back monday about how it went. Tuesday rolls around and we get told we are approved for finance and everything is fine and we would get the car in a day or so. However, they had decided that we were no longer getting the one in the forecourt because the manager had changed his mind due to there being more "upgrades than he realised" on the car. Therefore, the paperwork we had signed for the car we were going to get was not for the car we would end up with.

Anyway, he kept changing the dates and we had to continually chase him up. Long story short, he has changed the date we are getting the car 6 times. I am now due in less than a fortnight and we sTiLL have no car after being told it will be "a couple of days." Its been three weeks now. We keep getting the excuse they are "waiting for a government contribution" even though they have admitted that the dealership are messing up the paperwork and it keeps getting sent back to them. We have had to chase the guy each time a promised date rolls around about 2-3 times at least to get an update.

They have also been very dodgy and for example, have tried to get ME to forge my husbands signature on DVLA documents for a trade in as the v5 is in HIS name. Then today he (the salesman) actually messaged me to ask how much the car was (for the paperwork) because he had forgotten. Half the paperwork handed to us at the dealership wasnt signed or gone over with us.

I could go on and on, but I'm sure you get the idea. My husband called today and said we were no longer comfortable and wanted to cancel the car and go to another garage. He took the huff and said they would not be returnign the deposit and that he didnt "know why we were so upset." I have put a complaint in with head office now, as we are getting nowhere with the dealership. Does anyone know what else we can really do for the timebeing?

Thanks in advance!

Franz_Ferdinand

They breached the contract when they wouldn't supply the car you agreed on and at that point you should have been entitled to a refund.

It would appear that at that point you either agreed to an amendment to the contract or to a new one.

tacpot12

Ask to see the sales manager and require your deposit to be paid in full. Don't leave until you have it. You are entitled to be supplied with the specific car with the upgraded. If they won't supply that car, the contract is null and void (assuming the order for listed the ref number) and they have no option. It to refund your money. I would stomp around the showroom shouting at all the other customer how badly you have been treated until they cough up. They won't want you there for long. Take a packed lunch.

Stoke

Franz_Ferdinand wrote: »

They breached the contract when they wouldn't supply the car you agreed on and at that point you should have been entitled to a refund.

It would appear that at that point you either agreed to an amendment to the contract or to a new one.

It's not like the police to side with big business.... oh wait, yes it is

Franz_Ferdinand

Stoke wrote: »

It's not like the police to side with big business.... oh wait, yes it is

You've lost me stokie.

Hintza

Franz_Ferdinand wrote: »

It would appear that at that point you either agreed to an amendment to the contract or to a new one.

It would appear to me that this is a valid point and might make getting the deposit back tricky.

However, it would appear they are incompetent.

OP best way forward might be one last chance in writing to get this sorted otherwise you will be withdrawing from the sale.

agrinnall

If a wheel fell off a 3 year old car that would surely be due to incorrect fitting rather than an inherent fault in the car.

bheather1

Goodness thanks for everyone's responses!

So prompt!

We have suggested as a compromise to them that we would go to another garage owned by them closer to our home that we have a reasonable relationship with. We aren't sure if they'll go for that tbh. They currently have my old car as a trade in at the garage from hell.

The dealership have glowing reviews online from hundreds of sources so I get the impression they take service semi seriously so it might turn out ok.

bheather1

agrinnall wrote: »

If a wheel fell off a 3 year old car that would surely be due to incorrect fitting rather than an inherent fault in the car.

This was a long story involving a certain well known garage (let's call them kf) who had not reattached it correctly. However we got reimbursed for that but obviously I got an awful fright and didn't want to drive a car out of warranty anymore.

Tilt

Have you contacted Nissan UK Customer Service about this?

bheather1

Tilt wrote: »

Have you contacted Nissan UK Customer Service about this?

No actually. I didn't think of that. I just assumed they would send me back to the dealer to work with them. But I'll keep it in mind depending on the response! Thanks.