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Can i get my deposit back?
Hi All, i'm pretty sure this question has been asked a million times on a million different forums, and i've done some research, but the information was so conflicting that i thought it would be easier to just ask on here.
So heres the situation. My brother passed his driving test last week
Yesterday, he saw a car on AutoTrader that he wanted to go for, he EAGERLY contacted the dealer, who said he could place a refundable holding deposit of £250, long as it was by debit card, so he did.
Today he woke up super excited to go and see this car, he showed it to me right before he left and i asked him if he had even looked at insurance (he's 19, this is a 12 plate BMW 3L, so i found it surprising that this would be such a breeze)
After spending all day doing quotes left right and centre, it became quite obvious that it would be ridiculous for him to spend the kind of money we were seeing to insure the car (even with a blackbox). Long faced, he called the dealer back and said he wouldn't be able to take the car anymore
Here's where its gotten a bit weird - instead of just telling them that he simply couldn't afford it (i think he was just embarrassed), he told them the reason he was backing out of the sale was he didn't realise the car was an automatic and not a manual, he made it clear this was his mistake. To which the dealer replied, well, tough then, your not getting your deposit back, as WE (the dealer) haven't done anything 'wrong' and misrepresented the car in any way shape or form, and you (my brother) knew it was an automatic when you placed the deposit. Although, judging from the way the dealer was talking and the point he was raising (we could have sold it to someone else by now!) , the only way he'd have agreed to give the deposit back without a fight would be if he had shown up and found a fault in the car of some sort
Him and the dealer engaged in a bit of a heated back and forth, he pointed out that their advert on auto trader clearly says the deposit is refundable (subject to terms), but their actual website page makes absolutely no mention of what circumstances the refund will be made available for, otherwise he wouldn't have placed the deposit.
Eventually he just said fine whatever, he'll get the bank to do a chargeback - he called the bank, who said that as he had a week to pick up the car, in theory, he has to wait one week before doing a chargeback request. Frankly, i'm not even sure whether this is something the bank would do as a chargeback, but he seems to be convinced it is, fair enough.
What i'm more curious about though, is that, he didn't sign anything.. yes the dealer has processed the deposit as 'bought, subject to viewing', but the paperwork he's been sent clearly shows he hasn't signed on any dotted lines. Is this not something that is very simply covered under standard distance selling laws? Considering he's never physically seen the car, or been to the dealership? And all communication/transactions were completed over the phone?
So heres the situation. My brother passed his driving test last week
Yesterday, he saw a car on AutoTrader that he wanted to go for, he EAGERLY contacted the dealer, who said he could place a refundable holding deposit of £250, long as it was by debit card, so he did.
Today he woke up super excited to go and see this car, he showed it to me right before he left and i asked him if he had even looked at insurance (he's 19, this is a 12 plate BMW 3L, so i found it surprising that this would be such a breeze)
After spending all day doing quotes left right and centre, it became quite obvious that it would be ridiculous for him to spend the kind of money we were seeing to insure the car (even with a blackbox). Long faced, he called the dealer back and said he wouldn't be able to take the car anymore
Here's where its gotten a bit weird - instead of just telling them that he simply couldn't afford it (i think he was just embarrassed), he told them the reason he was backing out of the sale was he didn't realise the car was an automatic and not a manual, he made it clear this was his mistake. To which the dealer replied, well, tough then, your not getting your deposit back, as WE (the dealer) haven't done anything 'wrong' and misrepresented the car in any way shape or form, and you (my brother) knew it was an automatic when you placed the deposit. Although, judging from the way the dealer was talking and the point he was raising (we could have sold it to someone else by now!) , the only way he'd have agreed to give the deposit back without a fight would be if he had shown up and found a fault in the car of some sort
Him and the dealer engaged in a bit of a heated back and forth, he pointed out that their advert on auto trader clearly says the deposit is refundable (subject to terms), but their actual website page makes absolutely no mention of what circumstances the refund will be made available for, otherwise he wouldn't have placed the deposit.
Eventually he just said fine whatever, he'll get the bank to do a chargeback - he called the bank, who said that as he had a week to pick up the car, in theory, he has to wait one week before doing a chargeback request. Frankly, i'm not even sure whether this is something the bank would do as a chargeback, but he seems to be convinced it is, fair enough.
What i'm more curious about though, is that, he didn't sign anything.. yes the dealer has processed the deposit as 'bought, subject to viewing', but the paperwork he's been sent clearly shows he hasn't signed on any dotted lines. Is this not something that is very simply covered under standard distance selling laws? Considering he's never physically seen the car, or been to the dealership? And all communication/transactions were completed over the phone?
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Comments
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If he doesn't get his deposit back, then he can put it to experience.
Check he can afford and insure any prospective car.0 -
TL: DR- OP put a deposit down of £250 on a car and dealer will not honour refund after changing mind the next day.
I can't see any reason why it wouldn't be covered under DSR. Moneygov claim.0 -
A 12 plate BMW 3L would be dear for a learner maybe a 10 year old Vauxhall Corsa would have cheaper insurance. Than build up a no claims bonus...but never buy a car without driving it.
But to do with the deposit maybe get someone older to ring the dealer.When you look into an abyss, the abyss also looks into you. Nietzsche
Please note that at no point during this work was the kettle ever put out of commission and no chavs were harmed during the making of this post.0 -
peter12345678910 wrote: »A 12 plate BMW 3L would be dear for a learner maybe a 10 year old Vauxhall Corsa would have cheaper insurance. Than build up a no claims bonus...but never buy a car without driving it.
But to do with the deposit maybe get someone older to ring the dealer.
A 10 year old corsa would probably be at least as expensive as it is a popular car for young inexperienced drivers. Both my nephews have had them straight after passing their tests and the insurance was very expensive. The car to aim for is something that has parts readily available that is inexpensive to fix and unpopular with boy racers. So a Mondeo or similar, or bog standard Zetec Focus - not fiesta0
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