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Lost Deposit???

Tra77
Tra77 Posts: 309 Forumite
Looking for a bit of a vent + any advice on behalf of my dad.

Last week he went to a small garage to look at a car (with my sisters partner). Everything seemed okay and he put down a deposit of £100 and arranged to collect/pay this Saturday just gone. Upon arrival they both noticed a gap of approx. 1cm around the bumper which had been filled with black sealant (they'd not noticed this on the first inspection - dad thinks because it was just starting to get dark). Anyway sisters partner got on the floor to have a look underneath and ended up covered in transmission oil. They then proceeded to the sales office to speak with the sales guy, where they explained the problem and in light of this told him they weren't happy taking the car in it's present condition (without them putting it right basically). Salesman then became aggressive & started shouting abuse and told them to f*#k off out at which point they both felt sufficiently intimidated and forced to leave.

Just wondering if there's anything he can do about his deposit (which he paid by maestro) and if he could take the matter further. . contact Trading Standards or similar?
@//(*_*) 'MoneySavingExpert' - It costs nothing to say thanks! @//(*_*)
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Comments

  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's probably worth contacting the card provider and registering a dispute of the transaction. As for aggressive behaviour, I'd love to say contact the police, but I doubt they'd do anything about it.

    I'd say be glad it's only £100 and you're not stuck with the car. No doubt he has done the same to many more customers though.
  • jockettuk
    jockettuk Posts: 5,809 Forumite
    get the local paper involved bet there are a load of other peeved off people and you might save a lot more from being ripped off
    Those we love don't go away,They walk beside us every day,Unseen, unheard, but always near,
    Still loved, still missed and very dear
    Our thoughts are ever with you,Though you have passed away.And those who loved you dearly,
    Are thinking of you today.
  • hartcjhart
    hartcjhart Posts: 9,463 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No help but it just goes to prove the old adage,

    NEVER VIEW A CAR IN THE DARK OR RAIN

    thats the advice I give to my customers

    unless like me you have a trained eye and will accept any faults not initially noticed
    I :love: MOJACAR
  • I'm really sorry but I don't think trading standards can get involved as you haven't actually bought the car. All you did was place a deposit to stop the dealer selling it to anyone else. A deposit on anything is - by nature- non refundable...that's the point of a deposit as it protects the seller if the buyer decides to walk away without completing the sale, after he's taken the item 'off the market' for you.

    It's a used car so will have something not 'right' with it and I believe trading standards stance will be as another poster has said (and which applies to buying any second hand item, whether it be a kettle, a carpet, or a car) - 'buyer beware'...unless you actually purchase and it is found to be dangerous etc.

    By placing a deposit you've prevented the dealer selling to anyone else as you've clearly signalled your intent to buy.

    Don't place money against goods until you've done all your inspections and are certain you want to buy....is good rule of thumb!
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  • I only take £100 deposit off my customers, because in the eyes of the law a hundred quid is a reasonable figure to keep back if a customer pulls out of a deal for no perticular reason.
    However, back to this story - I'd wave bye bye to the money, but make sure you give them the worst name in town you possibly can!
    Tell everyone!!
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's a used car so will have something not 'right' with it and I believe trading standards stance will be as another poster has said (and which applies to buying any second hand item, whether it be a kettle, a carpet, or a car) - 'buyer beware'...unless you actually purchase and it is found to be dangerous etc.

    Leaking transmission oil is not a good sign unless it's simply a replaceable seal. You have to wonder with the bumper problem if it's been accident damaged.
  • Tra77
    Tra77 Posts: 309 Forumite
    Thanks to you all for all your responses! I totally agree with the comments however the issue is the fact that this man wasn't even prepared to listen to my dad's issues with regards to the found problem. It wasn't my dad that was trying to pull out of the sale and/or ask for his deposit back, he was trying to ask what his options were with the regards to the problem being put right. Can someone really just refuse to discuss the matter further, make threats and pocket the £100???:mad:
    Annoying as it may be, I've told my dad I'd rather lose £100 than fork out 5K to find such problems later!
    @//(*_*) 'MoneySavingExpert' - It costs nothing to say thanks! @//(*_*)
  • Tra77 wrote: »
    Thanks to you all for all your responses! I totally agree with the comments however the issue is the fact that this man wasn't even prepared to listen to my dad's issues with regards to the found problem. It wasn't my dad that was trying to pull out of the sale and/or ask for his deposit back, he was trying to ask what his options were with the regards to the problem being put right. Can someone really just refuse to discuss the matter further, make threats and pocket the £100???:mad:
    Annoying as it may be, I've told my dad I'd rather lose £100 than fork out 5K to find such problems later!

    There attitudes seems OTT

    But you dont have a right to the £100 unless the fault is dangerous or unreasonable

    Tbh Id be surprised if its either, especially since you had a full chance to look at it

    Go back and negotiate about it but if you decide to withdraw you arent entitled to the refund

    They will argue you breached and the cost is fair for that

    Just think of the potential sale of the vehicle they may have lost
  • laurz121
    laurz121 Posts: 251 Forumite
    I would say the OP has every right to their money back. They paid £100 so that the car would be taken off sale for them and when they went back they noticed a fault with the car so asked about it and was told to leave the garage. They didn't say they were unwilling to accept the car or that they were backing out of the deal, the person that backed out was the dealer by asking them to leave the garage so in essence he has broken the contract and should have to return the £100
  • How about Naming and Shaming the garage on here?
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