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Deposit issue with BMW?

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Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Scrapit wrote: »
    Would that not be equally as difficult to prove by the dealer as nothing has been signed?

    The onus would be on the person making the claim to prove their case. In a "he said, she said" scenario (where there's no written evidence) the seller doesn't have to prove he didn't say it, the claimant has to prove he did.
  • Scrapit
    Scrapit Posts: 2,304 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    DoaM wrote: »
    The onus would be on the person making the claim to prove their case. In a "he said, she said" scenario (where there's no written evidence) the seller doesn't have to prove he didn't say it, the claimant has to prove he did.
    Makes sense I suppose. The OP has willingly parted with the money. Otherwise you are effectively saying they've nicked the money
  • 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.

    You ARE wrong. They haven't sold any product by handing over the FCA disclosures. They can offer it to you and you can decline any product straightaway if you chose to but you can't actually buy it without having the time delay.

    No dealer is going to risk their authorisation by trying to sell a product before they are allowed to conclude the sale.
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