Car deposit refund? Paid with CC

CurtBurr

Morning, first time poster here!

Last week I agreed to purchase a £25,000 car over the phone. I rushed into the sale too quickly without thinking things through properly and ended up getting cold feet. I phoned the dealer today and informed him of the situation - understandably, he wasn’t happy. I made a mistake - I should never have committed to the sale in the first case. But these things happen I guess!

I paid a £250 deposit for the vehicle. I understand that I am liable for any reasonable and ‘genuine losses’ that the dealer has incurred. My question is, is it the dealers responsibility to provide me with a breakdown of the costs that they’ve incurred? I fail to see how some admin and valeting costs could amount to £250. Do the dealers have free reign here unless I take it to the SCC (which I likely won’t, not worth the hassle).

Also, I paid the deposit on my Credit Card. I understand there are greater protections for buyers who use a CC, which is why I always use it to pay for things online. Would it be worth taking this up with the CC company? Could I just request a deposit through them?

Also, the salesman has asked for a written letter from myself detailing that I’m aware that I’m responsible for the losses incurred - this seems a bit strange to me. Is it some sort of trap that will allow him to bill me for some ridiculous amount? 

Any help is appreciated,
Cheers 

born_again

Refund of the deposit will be based on the T/C you signed. So get them out and read them.
In this case Credit card makes no difference. 
You do not need to send anything to them. 

CurtBurr

born_again said:

Refund of the deposit will be based on the T/C you signed. So get them out and read them.
In this case Credit card makes no difference. 
You do not need to send anything to them. 

Thanks for the quick reply. 

This was a distance sale - i.e agreed over the phone. Nothing was signed but a verbal contract was made. Car dealership has no T+Cs on the website. 

neilmcl

CurtBurr said:

born_again said:

Refund of the deposit will be based on the T/C you signed. So get them out and read them.
In this case Credit card makes no difference. 
You do not need to send anything to them. 

Thanks for the quick reply. 

This was a distance sale - i.e agreed over the phone. Nothing was signed but a verbal contract was made. Car dealership has no T+Cs on the website. 

Just because you made an agreement to buy over the phone doesn't in itself make it a distance sale.

Aylesbury_Duck

If the dealer won't return your deposit (or withholds what you consider to be an unreasonably large part of it) then your only options are to swallow it or try a small claims action.  You have no recourse through your credit card.

dannyrst

Did the dealer say the deposit was non-refundable on the phone? I guess it's 50-50 if he says he did tell you and you say he didn't. You'd need to go to court if he refuses though. You could always try bluffing by threatening court action with no real intention of proceeding with it?
Personally, i'd chalk it up to experience and move on.

DoaM

neilmcl said:
Just because you made an agreement to buy over the phone doesn't in itself make it a distance sale.

That depends on if telephone sales are a normal part of the seller's business. if they are then distance rules apply (AFAIK).

neilmcl

DoaM said:

neilmcl said:
Just because you made an agreement to buy over the phone doesn't in itself make it a distance sale.

That depends on if telephone sales are a normal part of the seller's business. if they are then distance rules apply (AFAIK).

The point I was making is that this stage all they've done is given a deposit, the contract to purchase the car is not yet complete and we also don't know whether the OP has been in to see the car previously or intended on completing the purchase in person, therefore not in itself is this is a distance purchase.

If, on the other hand this is a genuine distance sale, then I'd agree the OP is entitled to the full refund of their deposit.

born_again

neilmcl said:

CurtBurr said:

born_again said:

Refund of the deposit will be based on the T/C you signed. So get them out and read them.
In this case Credit card makes no difference. 
You do not need to send anything to them. 

Thanks for the quick reply. 

This was a distance sale - i.e agreed over the phone. Nothing was signed but a verbal contract was made. Car dealership has no T+Cs on the website. 

Just because you made an agreement to buy over the phone doesn't in itself make it a distance sale.

Many financial products are not covered under the 14 days.
Did you not ask if it was a refundable deposit? I'm amazed at the number of people who give a garage money, change their mind and then find out it's non refundable and expect their card provider to get it back.... Ain't happening.