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Deposit issue with BMW?

2

Comments

  • Scrapit
    Scrapit Posts: 2,304 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    neilmcl wrote: »
    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.
    So they sold the product at the same time as selling the car? In breach of the guidelines.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Scrapit wrote: »
    So they sold the product at the same time as selling the car? In breach of the guidelines.
    No they didn't :wall:

    How many times do you need this explaining before you get it. There was at least 2 clear days between the OP receiving the prescribed information regarding the GAP and the completion of the car sale.
  • Scrapit
    Scrapit Posts: 2,304 Forumite
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    How do you figure that the sale is complete? The OP doesn't think it is.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Scrapit wrote: »
    How do you figure that the sale is complete? The OP doesn't think it is.
    Are you deliberately being obtuse (I wanted to use another word), actually don't answer this because we know exactly who you are and how you've posted since you've been here.

    If the sale is still not complete then the GAP issue is moot because it still would have been at least 2 days between receiving the info and "potentially" completing the car sale.
  • Scrapit
    Scrapit Posts: 2,304 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    neilmcl wrote: »
    Are you deliberately being obtuse (I wanted to use another word), actually don't answer this because we know exactly who you are and how you've posted since you've been here.

    If the sale is still not complete then the GAP issue is moot because it still would have been at least 2 days between receiving the info and "potentially" completing the car sale.
    Stop being a troll.
    If the sale is on going then the gap insurance cannot be offered. As above the gap insurance can be sold 2 days after the sale is complete. Is this not what you your self said? Silly boy.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 December 2018 at 11:10AM
    Scrapit wrote: »
    Stop being a troll.
    If the sale is on going then the gap insurance cannot be offered. As above the gap insurance can be sold 2 days after the sale is complete. Is this not what you your self said? Silly boy.
    For gods sake grow up. The only trolling going on is from you and has been since you joined this forum. We all know who you are.

    I have nothing further to say to you.
  • Nasqueron
    Nasqueron Posts: 11,291 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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.


    Section 75 claim won't be entertained for someone paying a deposit on a car and changing their mind, it's intended for situations like the car not being as described and dealer refusing to help.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Scrapit
    Scrapit Posts: 2,304 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    neilmcl wrote: »
    For gods sake grow up. The only trolling going on is from you and has been since you joined this forum. Like I said we all know who you are.

    I have nothing further to say to you.
    I'm not sure you know who I am, or why you even mentioned it. I don't know who you are but the above response is one of a troll. It doesn't enter discussion. I've raised a valid point and am open to learning more on the subject, yet you dismiss through some thinly veiled insults. Youve got one back, let's be honest on decent forum you'd be ripped to pieces. The sale hasn't been completed as far as the OP is concerned, maybe it has in law or at least as far as the dealer is concerned. But none of this is being discussed due to your trolling taking the thread off subject. Well done.:D
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Nasqueron wrote: »
    Section 75 claim won't be entertained for someone paying a deposit on a car and changing their mind, it's intended for situations like the car not being as described and dealer refusing to help.

    Section 75 means that any claim you have against the seller you equally have with the credit provider. If the contractual terms said that a deposit is refundable for change of mind then S75 would provide a route to reclaim the deposit if the seller doesn't return it.

    The OP's problem may be in proving this.
  • Scrapit
    Scrapit Posts: 2,304 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    DoaM wrote: »
    Section 75 means that any claim you have against the seller you equally have with the credit provider. If the contractual terms said that a deposit is refundable for change of mind then S75 would provide a route to reclaim the deposit if the seller doesn't return it.

    The OP's problem may be in proving this.
    Would that not be equally as difficult to prove by the dealer as nothing has been signed?
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