Getting a deposit back from CC

mprcomp

Hi,
I put a deposit down on a caravan which is in Scotland(Where we can't travel to at present) of 500 pounds. I am now considering pulling out of the deal because I am not sure when I can actually pick up the van due to the ongoing COVID situation. I would suspect when I cite this they won't want to give me the deposit back.

Since I have never seen it in person do I have any rights here or not to get my deposit back?

eskbanker

Sounds unlikely that you'd have any sort of claim against the seller or your card provider here, if you're the only one breaching the contract....

mprcomp

I thought that but wondered with having no exact pick up date due to COVID might have ammened that but doubted it. 

MalMonroe

You must have wanted it when you put down the deposit, though. Why can't you just wait until things ease after coronavirus? (Even if there is no 'after coronavirus', there will be some easing of rules and regs).  

Seems that you're just having buyer's regret, especially as you haven't even seen the caravan.  You've actually changed your mind. You can always ask, for nothing. Be honest and tell them that you've changed your mind, please can you have your money back. You never know, they may even say yes. As everyone keeps saying to me, 'strange times' - yes they are, and if never ask, you just don't get. 

mprcomp

Thanks. If the van was here I wouldn't mind as I could pick it up but as I am a teacher and it's a legal issue in Scotland I can't. In England it's a please don't do this but in Scotland it's in law so fines can be given. My issue is it may not be till Easter or maybe summer we just don't know with Scotland's rules. This may mean that we miss out on part of next years season.

born_again

mprcomp said:

Hi,
I put a deposit down on a caravan which is in Scotland(Where we can't travel to at present) of 500 pounds. I am now considering pulling out of the deal because I am not sure when I can actually pick up the van due to the ongoing COVID situation. I would suspect when I cite this they won't want to give me the deposit back.

Since I have never seen it in person do I have any rights here or not to get my deposit back?

Have you spoken to the seller?
Is this a private sale or a dealer?
How did you pay the deposit?

Sandtree

Your rights against the seller and credit card company are identical... there is no scenario where you have a right against one and not the other, just one may be easier to deal with than the other (or can afford it etc).

So you would need to either show a contractual provision for your cancelling it and getting the full deposit back, a breach of contract by the seller that warrants a full termination or a statutory right that overrules the contract.

If this is a private seller you’ve basically got little hope and should see it through. If its a commercial seller then you may have statutory rights under the consumer contracts regulations that replaced distance selling regulations if you say it was conducted 100% remotely.