Any way I can get my car deposit back? Info in description

Blank11

The salesperson agreed to fix the issues and especially the exterior as it was looking very poor. We verbally agreed to get the issues fixed and I’ll pay the deposit. I’m an idiot and did not get this in writing. I asked if it was refundable and he said refundable and i asked again if it was and he mentioned if I wasn’t happy we can take it from there. During the process of signing the contract I wanted to read it but I felt rushed and he went over the conditions with me but he missed out on the section regarding deposit. 

I’ve slept on it and the past owner neglect makes me worry the condition of the car. Also from exterior work I don’t think they will do a good job of it. If he said it was non refundable the deposit I’d have thought more on it. Please is someone able to provide advice? £500 is a lot of money and I am an idiot. I know I shouldn’t have rushed into it with him rushing me and I should have just taken my time. I hate myself and I am so stressed and cannot sleep for the past week. 

I did not pay by credit card. It was via bank transfer. 

SiliconChip

Best not to worry until you ask for the deposit back, if you get it all is good, if not then come back and ask for more help.

Blank11

SiliconChip said:

Best not to worry until you ask for the deposit back, if you get it all is good, if not then come back and ask for more help.

I have asked and the sales person mentioned he never said it and it is non refundable. He said to discuss it after seeing the car again but the past neglect from owner is going to cause issues further down the line. The fixes will be more of a cover up than sorting the whole thing. I’m such an idiot and I know I rushed it and I hate myself

Blank11

Please any advice is greatly appreciated. 

macman

What does the contract you didn't bother reading actually say about the deposit? I'm guessing you have now read it? A deposit is paid as a confirmation of an agreement to buy something, and not normally refundable unless stated. In theory they can pursue you for the full value of the sale, though that is very unlikely: they will probably just retain your depoait.
After a week or more it is likely that the seller has started work to fix some of the issues you raised, so even more reluctant to refund.
Unfortunately you cannot prove that the salesman offered you a refundable deposit.

Blank11

macman said:

What does the contract you didn't bother reading actually say about the deposit? I'm guessing you have now read it? A deposit is paid as a confirmation of an agreement to buy something, and not normally refundable unless stated. In theory they can pursue you for the full value of the sale, though that is very unlikely: they will probably just retain your depoait.
After a week or more it is likely that the seller has started work to fix some of the issues you raised, so even more reluctant to refund.
Unfortunately you cannot prove that the salesman offered you a refundable deposit.

“the Purchaser may not cancel the Contract without the prior written agreement of an authorised representative of the Seller. If the Purchaser seeks to cancel the Contract in any other manner, the Seller may (without prejudice to its other rights and remedies) retain from any deposit paid an amount equal to any costs and/or expenses incurred or likely to be incurred by the Seller in connection with the Vehicle, the Contract and/or the cancellation of the Contract. If the Purchaser cancels under clauses 3.2…” 

Ive read the conditions to be able to get my deposit and it isn’t covered for any of them. 

Nobbie1967

Looks like you either accept losing your £500 deposit or you proceed to buy the car. There is no magic solution here unless they agree to refund the deposit which it seems they won’t. Take it as an expensive lesson in reading contracts or getting agreements in writing. No point getting stressed about it, it’s done and you’ve got a decision to make.

RefluentBeans

Eh - I’m not sure if I take the same (condescending) tone as others in this thread. Generally I agree that consumers should be expected to read the contract - but in this case it does seem like the pressure was piled on, not helped by the sales person reading parts of the contract (and conveniently leaving other parts out). 

Any verbal agreement also does form part of the contract. But it may be misunderstanding - for example if the salesperson said ‘if you aren’t happy we can take it from there’ then that isn’t offering to undo the contract and it isn’t offering a refund, even though that’s how you may have interpreted it. It’s sneaky and underhanded. 

Going forward, you have two options: you can either pursue cancelling the contract now. The deposits aren’t refundable is a lie - deposits allow for businesses to cover business costs from a cancelled contract, not to make profit (so the sales person can be paid for their time, as can the cost of drawing up paper work, but they can’t keep the £500 without saying how or why they’re keeping it) - this is what the ‘ deposit paid an amount equal to any costs and/or expenses incurred or likely to be incurred by the Seller in connection with the Vehicle, the Contract and/or the cancellation of the Contract.’ part of the extract you posted above means. 

The other option is to see if they do repair the car. If they do, then you need to see if you’re happy with it. If you’re not happy with it you need to decide whether this is because the car wasn’t repaired to the spec it was supposed to be or because you don’t like the car now. The former is a valid reason for cancellation the latter is not. 

I hope that makes sense. In future, when signing contracts you should either ask to take the contract away to read, and if there’s terms missing then you can add them at the bottom (getting the sales person to counter sign). If they don’t want you to do that and insist on you signing there and then, then that should be setting off major alarm bells. 

Good luck! 

Altior

The contract states that the costs / expenses occurred can be deducted from the deposit. Not that there's flat out nothing to come back. They have not refused any refund either, from what has been posted here they just want to discuss it after the agreed work has been done?

The OP has agreed to the purchase as long as specified agreed work has been done, now they want to back out of the purchase. Fair enough, most of us have second thoughts at some point after entering into a significant commitment, but I would not expect that to be absolutely cost free by default.

Nobody knows how a used car has been treated, but the OP seems to think past 'neglect' is going to lead to further issues down the line. This really comes down to the context of the car, age, mileage, price etc but it's quite rare to get a used car that has been completely cherished by previous owners, esp if it's a run of the mill car. Most people use expensive alloy wheels as parking guides for example! 

OP I feel like you need more information, what work has been done and what will be the deduction. If you look at the car and all the work is done as agreed, you may feel more inclined to go ahead. But if you really don't want to purchase any more whatever, you may get more joy in trying to switch the deposit over to something else on their forecourt (hopefully one that is in a prepped condition!).