Cancel car order - reservation fee and refund

papaface

Hey


In short, I bought a new car via a broker in mid Feb. The build hasn't yet commenced but I've decided to cancel the order today and I have put this in writing to them.
From the start, the dealership communicated with me via email and asked for a deposit for £500 which I paid.
I wasn't made aware that the deposit (which is actually called a "reservation fee") was non-refundable at the time I agreed to pay it. I wasn't told anything or asked to agree to any terms, nor did they request for me to pay it and state it was non-refundable, I was just directed to a link to make payment.
When I've checked my documentation that I received in the post I can see on the hand-written receipt that I only received about 2 weeks after I had made the payment says that the reservation fee is non-refundable.

Where do you think I stand on this? Should I press for them to refund me it (if they kick up a stink) on the basis that I didn't have sight to any terms surrounding this deposit/reservation fee? To me it's hard for them to declare a meeting of the minds if they didn't disclose these terms of payment to me and it also doesn't state anything about this in their Ts & Cs online or anywhere other than on this physical receipt.

Thanks

Scrapit

Don't think you'll be getting that back.

DrEskimo

You shouldn't have any problem getting a refund. I've done it, and given the car was at the early stages of production they were happy to refund, as it could still be amended by another customer.

papaface

Scrapit wrote: »

Don't think you'll be getting that back.

Interesting. On what contractual basis?

Aylesbury_Duck

Why did you hand over £500 if you didn't know the terms on which it was accepted?

Can you send me £500? I'll email you the terms of reimbursement tomorrow.

papaface

Aylesbury_Duck wrote: »

Why did you hand over £500 if you didn't know the terms on which it was accepted?

Can you send me £500? I'll email you the terms of reimbursement tomorrow.

That's a slightly ridiculous straw man argument I have to say.
The terms were explained to me in so much as "pay a deposit to place your order".
A seller can't merely add or adjust terms that were never agreed unto just because it suits them after the fact.
The pertinent point here is that the aforementioned is precisely what they have done on paper; invoked terms that I never expressly agreed to.

lopsyfa

papaface wrote: »

That's a slightly ridiculous straw man argument I have to say.
The terms were explained to me in so much as "pay a deposit to place your order".
A seller can't merely add or adjust terms that were never agreed unto just because it suits them after the fact.
The pertinent point here is that the aforementioned is precisely what they have done on paper; invoked terms that I never expressly agreed to.

But the deposit is to ensure you have an intention of buying the car and to prevent people who are not serious from placing orders for cars and then cancelling them later. If it was 'easily' refundable, that will defeat the purpose of collecting deposit in the first place. I am not saying you can't get the deposit back but it will depend on the terms and conditions you signed up to and 'maybe' the broker.

papaface

lopsyfa wrote: »

But the deposit is to ensure you have an intention of buying the car and to prevent people who are not serious from placing orders for cars and then cancelling them later. If it was 'easily' refundable, that will defeat the purpose of collecting deposit in the first place. I am not saying you can't get the deposit back but it will depend on the terms and conditions you signed up to and 'maybe' the broker.

I didn't sign or agree to any terms that refer to the refund-ability of the "deposit". I think it's important to focus on what I have actually signed or been told rather than what I should have been told. That's the point of my original post. I know what a deposit it does, but deposits aren't always non-refundable. It's common-place to pay a deposit when you rent a house, you get that back.

Aylesbury_Duck

You'll get your money back I'm sure, but it's a lesson for the future: Understand what you're committing to before handing over sums of money.

Your house analogy is flawed. You get your deposit back when you complete the rental period and vacate the property. That's entirely different to committing to buy a car and then backing out.

Arklight

papaface wrote: »

I didn't sign or agree to any terms that refer to the refund-ability of the "deposit". I think it's important to focus on what I have actually signed or been told rather than what I should have been told. That's the point of my original post. I know what a deposit it does, but deposits aren't always non-refundable. It's common-place to pay a deposit when you rent a house, you get that back.

If the company has printed terms and conditions then you agreed to them when you paid, even if you didn't see them. If they state the deposit is not returnable you are not likely to get it back.

If the company really hasn't put this in writing anywhere you should stand a decent chance of getting it back.

It's actually not relevant whether they showed them to you, or if they were even available in printed form from the point of contact.

It's assumed the customer would avail themselves beforehand.

unholyangel

Arklight wrote: »

If the company has printed terms and conditions then you agreed to them when you paid, even if you didn't see them. If they state the deposit is not returnable you are not likely to get it back.

If the company really hasn't put this in writing anywhere you should stand a decent chance of getting it back.

It's actually not relevant whether they showed them to you, or if they were even available in printed form from the point of contact.

It's assumed the customer would avail themselves beforehand.

You can only be bound by terms you had the opportunity to become acquainted with prior to entering the contract. You cannot be bound by hidden terms. Nor can you retrospectively apply or alter terms to a contract - you can only be bound by the obligations/terms you agreed to accept at the time of entering the contract.

However, all that does is mean they can't rely on the term saying its a reservation fee/non refundable. It doesn't mean that it is refundable. It would be subject to the normal rules of damages for breach of contract.