Section 75 and a holding deposit

Brandston

Evening all, I recently bought a motorbike and when I purchased the bike I put down a 250 pound holding deposit, now unfortunately the dealership has gone into administration and I've not got my 250 holding deposit back, luckily I put the holding deposit down on a credit card! I've opened a chargeback as that's what I was advised by the administrators, my credit card provider are asking for proof that a holding deposit is supposed to be returned? 

My only proof is I have an electronic receipt which was sent via email and it just says "holding deposit" on, am I completely out of luck here? 

DullGreyGuy

Brandston said:

Evening all, I recently bought a motorbike and when I purchased the bike I put down a 250 pound holding deposit, now unfortunately the dealership has gone into administration and I've not got my 250 holding deposit back, luckily I put the holding deposit down on a credit card! I've opened a chargeback as that's what I was advised by the administrators, my credit card provider are asking for proof that a holding deposit is supposed to be returned? 

My only proof is I have an electronic receipt which was sent via email and it just says "holding deposit" on, am I completely out of luck here? 

Are the administrators running the business still or have they shut up shop?

Assuming the business has ceased trading then it should be irrelevant if the deposit was refundable or not, you cannot complete the purchase and therefore it should be refunded. 

Brandston

DullGreyGuy said:

Brandston said:

Evening all, I recently bought a motorbike and when I purchased the bike I put down a 250 pound holding deposit, now unfortunately the dealership has gone into administration and I've not got my 250 holding deposit back, luckily I put the holding deposit down on a credit card! I've opened a chargeback as that's what I was advised by the administrators, my credit card provider are asking for proof that a holding deposit is supposed to be returned? 

My only proof is I have an electronic receipt which was sent via email and it just says "holding deposit" on, am I completely out of luck here? 

Are the administrators running the business still or have they shut up shop?

Assuming the business has ceased trading then it should be irrelevant if the deposit was refundable or not, you cannot complete the purchase and therefore it should be refunded. 

I've already bought the motorbike and purchase has been completed, when the refund was due to the come back they shut up shop. They unfortunately have ceased trading yes. 

SiliconChip

Do you have a receipt for the bike showing what you paid for it, and some evidence that you paid that amount without the £250 being part of it? If you do then that should allow the credit card issuer to conclude that the holding deposit was never intended to be used for the purchase and should have been returned.

Brandston

SiliconChip said:

Do you have a receipt for the bike showing what you paid for it, and some evidence that you paid that amount without the £250 being part of it? If you do then that should allow the credit card issuer to conclude that the holding deposit was never intended to be used for the purchase and should have been returned.

Yes, I sent them over a receipt for the holding deposit and a receipt for the bike which is separate to it, they don't believe this too be enough evidence that the 250 was supposed to be returned, they are asking for proof that the 250 holding deposit was supposed to be returned after the purchase but I don't an official document or anything I signed proving this, as it was a main dealer with 25 years of being open I just trusted them which would have been fine if they were still open

400ixl

They will be asking then as normally the final invoice amount is the full price minus the deposit. Very unusual if they haven't done it that way.

The final Invoice plus the deposit email should be the evidence you need. The two of them added together should equal £250 more than the sale price.

Brandston

400ixl said:

They will be asking then as normally the final invoice amount is the full price minus the deposit. Very unusual if they haven't done it that way.

The final Invoice plus the deposit email should be the evidence you need. The two of them added together should equal £250 more than the sale price.

Tried that, apparently it's not "proof" the 250 needs to be returned.

400ixl

Probably then because it is such an unusual way of doing it.

You probably need the T&C's of the deposit then. Is it in the website?

Brandston

400ixl said:

Probably then because it is such an unusual way of doing it.

You probably need the T&C's of the deposit then. Is it in the website?

The website doesn't exist anymore, it's just a blank page mentioning they are out of business and to contact the administrator, I have asked them for t&cs or an old website page with this and they aren't helpful at all. 

Okell

Brandston said:

DullGreyGuy said:

Brandston said:

Evening all, I recently bought a motorbike and when I purchased the bike I put down a 250 pound holding deposit, now unfortunately the dealership has gone into administration and I've not got my 250 holding deposit back, luckily I put the holding deposit down on a credit card! I've opened a chargeback as that's what I was advised by the administrators, my credit card provider are asking for proof that a holding deposit is supposed to be returned? 

My only proof is I have an electronic receipt which was sent via email and it just says "holding deposit" on, am I completely out of luck here? 

Are the administrators running the business still or have they shut up shop?

Assuming the business has ceased trading then it should be irrelevant if the deposit was refundable or not, you cannot complete the purchase and therefore it should be refunded. 

I've already bought the motorbike and purchase has been completed, when the refund was due to the come back they shut up shop. They unfortunately have ceased trading yes. 

Sorry but can you clarify?

You've bought the 'bike, paid for it and taken possession of it - yes?

So was the "holding deposit" a deposit to be set off against the final purchase price, or was it simply some sort of reservation fee so the dealer would keep it to one side for a limited period while you decided whether or not to buy it?

What was your understanding when you paid this "holding deposit"?

Do you have any paperwork or any T&Cs on a website?

eskbanker

Brandston said:

The website doesn't exist anymore, it's just a blank page mentioning they are out of business and to contact the administrator, I have asked them for t&cs or an old website page with this and they aren't helpful at all. 

Many old websites are archived here:

Wayback Machine