Deposit return

MYLETT

I put a deposit on a car by debit card, later that eveyI had to ask to cancel the transaction only to be told the deposit was non refundable, which was never made clear, I requested deposit back and was offered a credit note or buy the car, in less than a week they have sold the car to someone else, no one at the dealership will speak to me

onlyfoolsandparking

What is in their T&C,s regarding deposits, did you get a copy?

Grumpy_chap

Did you view the car, test drive and then pay a deposit?  This is usually not refundable.
Or, did you pay the deposit as a "holding deposit" before you were able to view and test drive?  This can be refundable.
Or, was it something else.
What type and age of car for how much, and how much was the deposit?

macman

A deposit is not an 'option to purchase'. It's a confirmation that a contract has been agreed to purchase, unless explicitly stated otherwise.

MYLETT

Yes I drove it and although I got a copy the non refundable was never highlighted (very small print) I commented at the time that my eyesight was poor and and I stupidly trusted them when showed me where to sign. I asked about my position on cancellation later that day, then asked if it had been cancelled, but never ‘instructed’ them to cancel, which is what they said I did

MYLETT

Deposit was £1000 at the salesman suggestion, car was 8 yrs old £7790

williamgriffin

MYLETT said:

Deposit was £1000 at the salesman suggestion, car was 8 yrs old £7790

So you put £1000 down to buy a car leaving a balance of £6790 and they you broke the contract. If the sold it for the £6790 you've covered their loss. 

Grumpy_chap

The deposit after test drive is usually non-refundable and the paperwork seems to support that (however small print).

Hopefully, the poor eyesight is related to reading only, and not your distance vision (otherwise, I question whether you should be driving at all).

£1k is quite a high deposit, but if you are going to buy the car anyway, what does it matter whether you pay at time of order or a few days later when collecting the car?  How did you plan to pay the remainder of the balance?

Given you had paid a deposit, it seems wrong that the garage then sold the car to another.  What exactly did you say about cancelling the order?

What type of car is it, and main dealer, back-street garage, or somewhere in between?

Why did you want to change your mind on the car purchase?

MYLETT

No, they sold it for 7790

MYLETT

I asked what my position was on cancellation and refund, then asked if it had been cancelled, my Circumstances changed, I was going to pay balance from my own acc

DUTR

MYLETT said:

I asked what my position was on cancellation and refund, then asked if it had been cancelled, my Circumstances changed, I was going to pay balance from my own acc

In fairness, you don't know what they sold it for, yes perhaps if they wished they could offer a partial refund, but if they are offering a credit note, who knows they may have another vehicle you may wish to purchase?
At least you learn a lesson from the experience.