Van purchase - I may have done something stupid

RileyDoo

 My partner and I have been looking for a new (to us) van recently and saw the perfect one in a local used car garage. To cut a long story short, I put a deposit on it via bank transfer with the proviso it came with a full MOT as described in the advert. That was last Thursday. I have since heard some bad things about the place I am buying from. Apparently the business has changed name, but is still run by the same person and having researched them under their previous name, it seems that they have a reputation for selling vehicles that are dangerous at best and they have pending court cases of various kinds. I have tried contacting them but have not heard anything back. The paperwork states that my deposit is non refundable but I am very wary about going ahead with the purchase now. My question is, is there anything I can do regarding my deposit?

pbartlett

yes, say goodbye to it most likely...

Aylesbury_Duck

What was the deposit for?  To secure the vehicle or to take it off sale until you have a chance to view it?  What exactly does the paperwork say?  You could post a redacted photo of it here.

Bank transfer means it's going to be a long haul to get your money back if the garage doesn't respond or isn't willing to refund your deposit.  Small claims would be the normal route but it sounds like you'd be at the back of a queue and even if you won, will the legal entity exist to recover the funds from, or will it have the funds to pay you?

RileyDoo

Aylesbury_Duck said:

What was the deposit for?  To secure the vehicle or to take it off sale until you have a chance to view it?  What exactly does the paperwork say?  You could post a redacted photo of it here.

Bank transfer means it's going to be a long haul to get your money back if the garage doesn't respond or isn't willing to refund your deposit.  Small claims would be the normal route but it sounds like you'd be at the back of a queue and even if you won, will the legal entity exist to recover the funds from, or will it have the funds to pay you?

Thanks for the reply. The deposit was to secure the vehicle

williamgriffin

RileyDoo said:

Aylesbury_Duck said:

What was the deposit for?  To secure the vehicle or to take it off sale until you have a chance to view it?  What exactly does the paperwork say?  You could post a redacted photo of it here.

Bank transfer means it's going to be a long haul to get your money back if the garage doesn't respond or isn't willing to refund your deposit.  Small claims would be the normal route but it sounds like you'd be at the back of a queue and even if you won, will the legal entity exist to recover the funds from, or will it have the funds to pay you?

Thanks for the reply. The deposit was to secure the vehicle

And what were you gong to use the van for?

unholyangel

Get an inspection done as soon as you've collected the vehicle. If there is anything dangerous about the vehicle, it should bring it to your attention to then go back with a breach of contract claim. 

macman

Either proceed with the purchase, or say goodbye to your deposit. A deposit is not an 'option to purchase'; it is a contract to purchase. Break the contract and you ca expect to lose your deposit.

RileyDoo

Thanks for all the replies so far. At the moment I am still waiting for the MOT that was promised  

Laz123

Just out of curiosity how much was the deposit?

RileyDoo

Laz123 said:

Just out of curiosity how much was the deposit?

It was £500

RileyDoo

macman said:

Either proceed with the purchase, or say goodbye to your deposit. A deposit is not an 'option to purchase'; it is a contract to purchase. Break the contract and you ca expect to lose your deposit.

At the moment I am not breaking the contract. I am chasing them for the 12 month MOT that was advertised and which the said would be done before I could collect the van and am not getting a response from them.