Deposit for PCP

Geranium44

Hi, I saw a used car online and planned to buy the vehicle. 

I’ve paid yesterday a £1k credit card deposit by telephone towards a used car PCP with BMW. 
I’ve reflected overnight and now wish to cancel the purchase. 

I’ve not yet been sent any contract so haven’t signed anything. The salesman did send me the GAP tyre and smart damage insurance cover - none of which I asked for and which I know are optional. 

I’ll speak to MasterCard shortly. 

Can I expect to get my deposit back? 

Thanks. 

neilmcl

Yes, as it was all done online.

Geranium44

thanks Neil. I’m aware that as I never visited the dealership, found the car online and spoke by phone to the salesman I’d have a 14 day cooling off period. 

Not sure if that applies to a deposit which is a part
of the car finance. 

neilmcl

Geranium44 said:

thanks Neil. I’m aware that as I never visited the dealership, found the car online and spoke by phone to the salesman I’d have a 14 day cooling off period. 

Not sure if that applies to a deposit which is a part
of the car finance. 

No, the deposit is part of the car sale.

photome

I get that the OP is by law allowed his deposit back 

but why do we see so many posts on here about people paying a deposit and then wanting to back out.

as a retailer it must be annoying and what is the point of a deposit if it is refundable

The_Fat_Controller

@photome, deposits made at a dealership can be non-refundable if that is what is in the contract.

As for off-premises and remote telephone or online sales, it's a different ballgame as the law is completely different.

In a recent MAMMOTH topic it was discussed to death and the upshot is that for distance sales, the buyer has the right to a full refund at any time from the point of order until 14 days AFTER the goods have been delivered.

Geranium44

Thanks all. Oddly I was never offered sight of the contract but I was emailed a pdf of the quote which included the £1k. I did ask the salesman for sight of the T&Cs by email but was never sent TCs. 

Fatcontroller... is there a test case or statement of law that would illustrate the MAMMOTH topic?

Grumpy_chap

These articles may help:

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

https://www.thecarexpert.co.uk/bought-a-car-and-changed-my-mind/#:~:text=If you signed the vehicle,on getting your car ready.

Geranium44

Many thanks Grumpy Chap for these links. Reading them I think I have to accept ill Have to lose a ‘reasonable’ part of my deposit. My lesson learned will be highly valuable too. 

The Which? article you attach talks of the dealership having to send me T&Cs on refund policy etc at the outset. 

Is this relevant in my case because I can demonstrate the dealer didn’t do this which for Bmw surprises me. 

The tone of one email in which the salesman tries to sell me GAP etc is ambiguous as it sounds like it’s mandatory. 

Is this FCA relevant?

Grumpy_chap

Geranium44 said:

I think I have to accept ill Have to lose a ‘reasonable’ part of my deposit. 

Sorry - I am not sure why you think that?

As I understand it, you placed the order all remotely online / telephone and never visited the dealer.  If that is correct, the rules are clear (as per the Which? article):

"Your right to cancel an order for goods made at a distance starts from the moment you place your order and ends 14 days from the day you receive your goods"

You can cancel and get a full refund, but do expect the dealer to be reluctant.

There was a thread very recently where the purchaser successfully did exactly that:
https://forums.moneysavingexpert.com/discussion/6262519/cancelling-a-new-car-build#latest

Geranium44

Thanks... here’s what the car expert article says that you gave ... The deposit is a form of security to hold the car until you are ready to pay the rest of the money and collect the vehicle. If you change your mind, you lose the deposit. Simple enough in most cases. I’ll check out the new link thank you