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Used car deposit paid - dealer revoked sale

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Comments

  • gycraig_2
    gycraig_2 Posts: 533 Forumite
    If they plan to bin it off via auction at a massive loss I'd probably be glad I didn't get stuck with it.
  • Hydreliox
    Hydreliox Posts: 28 Forumite
    I'm not disputing that this company is clearly not worth dealing. Just wanted to understand my rights and it is reasonably apparent that as a customer who has paid a deposit that I have none.
  • Hunter_Jaeger
    Hunter_Jaeger Posts: 232 Forumite
    Hydreliox wrote: »
    Can any one help,

    Yes, send them a letter before action.
  • Simby
    Simby Posts: 240 Forumite
    Mortgage-free Glee!
    Just send an email confirming you agree to them refunding your deposit , and specify depending how you paid if you want a check, them to refund your credit card, deposit to your account etc... they have been responsive , you have even had the regional director call you. They have already said they will return your deposit just confirm you want them to.

    I suspect they will return it very quickly. If they don’t then you can go down the letter before action route but given they have already offered a refund I think right now a letter before action is a little premature.
  • Hydreliox
    Hydreliox Posts: 28 Forumite
    I have sent them an email asking them to confirm in writing that...

    1/ They will not be supplying the vehicle as agreed on the deposit date.

    2/ They have agreed to return my deposit.

    3/ If they fail to provide the deposit before the scheduled delivery date I would like it noting that their intention is to not surrender my deposit.

    4/ If they fail to provide my deposit before delivery date then I must assume my responsibilities to complete the sale.

    By not currently having anything in writing I feel I could still be liable to lose the deposit if I am a no show on the delivery date.
  • Simby
    Simby Posts: 240 Forumite
    Mortgage-free Glee!
    Number 3 and 4 if you dion’t mind me saying seem over The top and paranoid.

    The first two are fair but hopefully you have provided details to enable them to do so

    3 . banking takes some time, refunds processing , post all take time. They only have two working days ( one if you want it on Tuesday morning) to get the money to you if you are supposed to collect on the 7th. Companies accounts teams normally have payment runs on specific days and banks do not process refunds to cards in that timescale , if they jump straight on a check Monday morning it leaves in the evenings post it might arrive before 9am the next day ( the 7th but is very unlikely) Why would you make the return of your deposit so conditional ?

    4. Why on earth would you assume that they have already told you they are not selling it to you and they want to return your deposit. What on earth makes you think they want you to complete the sale. The assumption they want to sell the car is totally the opposite of what they have told you?
  • Hydreliox
    Hydreliox Posts: 28 Forumite
    3 . banking takes some time, refunds processing , post all take time. They only have two working days ( one if you want it on Tuesday morning) to get the money to you if you are supposed to collect on the 7th. Companies accounts teams normally have payment runs on specific days and banks do not process refunds to cards in that timescale , if they jump straight on a check Monday morning it leaves in the evenings post it might arrive before 9am the next day ( the 7th but is very unlikely) Why would you make the return of your deposit so conditional ?

    I believe they are required to issue the refund via the same method the deposit was taken, by credit card. It may be paranoid in approach but leaves me in a better position should they fail to return the funds. I just want in writing that their actions and intentions are clear moving forward with this case.
    Why on earth would you assume that they have already told you they are not selling it to you and they want to return your deposit. What on earth makes you think they want you to complete the sale. The assumption they want to sell the car is totally the opposite of what they have told you

    I don't believe they want me to complete the sale at all however by not having that in writing I would not want to be liable in terms of surrendering my deposit if they fail to communicate in writing their intention to cancel the sale. I believe there could be the potential for a scenario whereby I failed to turn up on the delivery date and they decided that I have not honoured my side of the deal and keep my deposit.

    Are these scenarios likely, no I don't believe so. Are they possible, yes, and I would prefer to not leave myself open to this given the short time frame.
  • Hydreliox
    Hydreliox Posts: 28 Forumite
    Edit...should say debit card, not credit card!
  • Simby
    Simby Posts: 240 Forumite
    Mortgage-free Glee!
    Have you provided details them to refund you? If you want the refund by debit card and you paid in the dealership in person in a machine they won’t have saved the details to just refund without you supplying them for the refund.

    Call them on Monday and ask them to process your refund and agree a method ?

    They can refund however they want or you both agree, it does not have to be the same method.

    If you have not given them the details ( card or bank account details) then at this time the only option open to them is a check.
  • Hydreliox
    Hydreliox Posts: 28 Forumite
    They have indeed now requested my card details so they may process the transaction through. At least happy to have it all in writing and get the refund back without quibbles.

    Matter is closed (as long as the refund comes in a reasonable time frame)
This discussion has been closed.
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