Section 75 and a holding deposit

DullGreyGuy

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. 

Why was it to be refunded? It's taken off the purchase. Have you checked the paperwork to ensure it's not been taken off the final invoice? Would be very odd if it wasnt. 

Brandston

Okell said:

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?

Yes I now have possession of the bike, the 250 deposit is taken as the finance had to be organised in store and they didn't have an appointment for 4-5 days. They take it too stop anyone just walking in with the cash while I wait for the finance appointment. 

When I picked the bike up they confirmed the holding deposit will go through accounts and come back to me in 5-7 working days, then they went bust. 

No paperwork just an invoice with named 'holding deposit' it also says this on the invoice itself.

No t&C's paperwork..

Brandston

eskbanker said:

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

I've just checked and it seems like there t&c wasn't ever posted on there website. Thank you for this anyway.

Brandston

DullGreyGuy said:

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. 

Why was it to be refunded? It's taken off the purchase. Have you checked the paperwork to ensure it's not been taken off the final invoice? Would be very odd if it wasnt. 

Yes definitely not been taken off of the final purchase, the bike was financed through a 3rd party and I had a different deposit with them and the 250 was with the dealer. 

born_again

Brandston said:

Yes definitely not been taken off of the final purchase, the bike was financed through a 3rd party and I had a different deposit with them and the 250 was with the dealer. 

Surely you some form of paperwork (Invoice) from dealer detailing the payments.

I can see why bank want proof. Given you have possession of the bike. As others the norm is the deposit is taken as part of the purchase, even when finance is involved.


As you have no paperwork around the deposit. S75 is out of the window. As you need to prove breach of contract &/or misrepresentation.

Brandston

born_again said:

Brandston said:

Yes definitely not been taken off of the final purchase, the bike was financed through a 3rd party and I had a different deposit with them and the 250 was with the dealer. 

Surely you some form of paperwork (Invoice) from dealer detailing the payments.

I can see why bank want proof. Given you have possession of the bike. As others the norm is the deposit is taken as part of the purchase, even when finance is involved.


As you have no paperwork around the deposit. S75 is out of the window. As you need to prove breach of contract &/or misrepresentation.

I didn't get any sort of contract at all, just agreed to it over the phone. As it was a main dealer I thought I'd be ok. I agree I can see why the bank wants it but I'm worried I don't have any way to prove it. 

Aylesbury_Duck

All you can do is provide the email you have because it is all you have.  If the card provider won't accept it, I don't see what other outcome can be achieved.

Arunmor

The moral to this story is never pay a holding deposit and treat all dealerships with suspicion.

Sit down and write down clearly the timeline of events, your halfway there now that you have clarified a few points and send that to the CC company to backup your claim.