Getting our Deposit Back for a New Car

Tilt

bheather1 wrote: »

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.

I would. In fact when next speaking to the dealer, I would indicate that would be my next port of call.

arcon5

You bought a specific car off their forecourt, they agreed and paperwork filled out.

Give them a deadline to have THAT car ready! Not a lesser alternative. Phone them and tell them this, followed up with an email.

If nothing I'd suggest a chargeback and would imagine every court in the land would agree their amendments to the contract and delays constitute a breach of contract

agrinnall

bheather1 wrote: »

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.

As I suspected, so hopefully that's a lesson learned about where not to take your car in future. Personally I think changing car simply because it's no longer in warranty is a bit odd: having a warranty or not has little impact on the likelihood of the vehicle breaking down, only on the ease of getting that breakdown repaired - and it can be argued that having a reliable independent garage to call on might be better than having to use a main dealer anyway.

bheather1

arcon5 wrote: »

You bought a specific car off their forecourt, they agreed and paperwork filled out.

Give them a deadline to have THAT car ready! Not a lesser alternative. Phone them and tell them this, followed up with an email.

If nothing I'd suggest a chargeback and would imagine every court in the land would agree their amendments to the contract and delays constitute a breach of contract

Well I personally didn't like the upgrades... I found them to be garish but my husband liked them so I wasn't too fussed about not getting them which is why I chose not to kick off too much.

We may have come to an agreement about collecting the car from their other garage though and this has been arranged by the area manager, so fingers crossed.

BarryBlue

OP, there is no reason at all why you should forfeit the deposit under any circumstances. Take a look at the provisions of the Unfair Terms in Consumer Contracts Regulations and their guidance notes, all accessible online if you Google.

The bottom line is that the dealer cannot just retain your deposit on a whim. That would make it a penalty charge which is unlawful. Even if you were at fault (which doesn't appear to be the case here) they can only retain what it has actually cost them, and there is no provision in that for loss of profit.

Many people do think that they must forfeit their deposit when it's not the case. Don't let them browbeat you!