Deposit issue with BMW?

lukemartin24

Hi, I need help with an issue regarding a deposit with BMW.

I am looking to change my car, and went into my local BMW garage to look at what they had. My eye was drawn to a 120d and the price seemed fairly reasonable. The salesman was looking to get a deal done and told me that because of the price, to put a deposit down to secure the car but the deposit will be refunded on handover or if I test drive the car and decide it wasn’t for me then the deposit would be refunded. This was on the Monday. The car was cleaned and was told on Friday that it was ready for a test drive. I signed a disclosure document to say they offered gap and tyre insurance and that was it. I DID NOT SIGN ANYTHING ELSE.

I drove the car and seemed okay and was told they would contact me in a few days and get a proposal and order form sorted and we can arrange handover. However after talking to family I decided that it wasn’t as good of a deal as I first though. And I called the garage today to say I have changed my mind and would like my deposit back. That is where the problems started. They have said now that I am unable to get it back as it has been ‘off sale’ all week (despite now work being done and still showing on the website). I asked to speak to the sales manager and he said I would have to forfeit the deposit if I signed an order form which I said I never signed. He seemed wary of this and said he would have to talk to accounts tomorrrow.

Luckily I have paid on my credit card so I believe I do have some rights due to doing this, but seeing as I haven’t signed anything, surely they have nothing to actually keep my deposit for? Any advice?

Thanks in advance.

Luke

Deanston

Surely a deposit is to buy not test drive.

You'll be liable for their costs which on the face of it is a wash and vac.

Scrapit

They aint allowed to sell you the gap insurance at the time of sale so are dodgy any way. You don't need to sign anything to pay a deposit. You've handed over the money willingly. Try section 75.

neilmcl

Scrapit wrote: »

They aint allowed to sell you the gap insurance at the time of sale so are dodgy any way. You don't need to sign anything to pay a deposit. You've handed over the money willingly. Try section 75.

Who said anything about being sold GAP. The OP merely stated that he signed something to say that GAP and Tyre insurance was offered/discussed.

MataNui

Deanston wrote: »

Surely a deposit is to buy not test drive.

You'll be liable for their costs which on the face of it is a wash and vac.

Not in the slightest. Higher end dealerships often prep the cars for display anyway and its not in the slightest bit unusual for a fully refundable holding deposit to be paid prior to test drive.

Jonesya

How much was the deposit?

My advice is never open your wallet and hand-over any deposit until you're absolutely sure you want to buy something, even if they say it's refundable, because if they wanted to make it easy for you to change your mind and walk away, they wouldn't be asking for a deposit in the first place.

Scrapit

neilmcl wrote: »

Who said anything about being sold GAP. The OP merely stated that he signed something to say that GAP and Tyre insurance was offered/discussed.

Yeah, they ain't allowed to. That's the point.:T

neilmcl

Scrapit wrote: »

Yeah, they ain't allowed to. That's the point.:T

I think you've missed the point.

Scrapit

neilmcl wrote: »

I think you've missed the point.

No, don't think I have. However for my amusement, what is the point you are making?
Mine is that they ain't allowed to do that (a quick Google brings you to Martin's own page, https://www.google.com/search?ie=UTF-8&client=ms-android-samsung&source=android-browser&q=when+can+car+dealers+sell+gap+insurance, but my comment is based on recent experience) and that would suggest if they aren't playing by the rules in this case they might not be the most trustworthy with regards to all any any other matter.

tacpot12

Did you get a dated picture of the website showing that the car was still on sale?

I would just persevere with asking for your deposit back. You might try creating a bit of a scene in the dealership. e.g. keep shouting "Your salesman said the deposit was refundable!" and see how long it takes for them to refund your money. I would stay in the dealership until I see the money back in my account or the police come and take the side of the dealership.

neilmcl

Scrapit wrote: »

No, don't think I have. However for my amusement, what is the point you are making?
Mine is that they ain't allowed to do that (a quick Google brings you to Martin's own page, https://www.google.com/search?ie=UTF-8&client=ms-android-samsung&source=android-browser&q=when+can+car+dealers+sell+gap+insurance, but my comment is based on recent experience) and that would suggest if they aren't playing by the rules in this case they might not be the most trustworthy with regards to all any any other matter.

The point I made which you clearly don't understand is the dealer hadn't concluded the sale of GAP insurance on the day the OP was sold the car, they merely had offered GAP insurance and given him the prescribed information, at which point he declined it. They had also clearly and specifically given the OP at least 2 clear days until the car order and any subsequent GAP insurance contract would've been concluded. All abiding by the FCA rules.