Deposit taken, car never seen

dekat

Hello,

I'd like your advice on the following
Saw a car on motors.co.uk
Called the FCA registered dealer to ask to put a deposit to reserve it, test drive it, check if the car is ok before making the decision to purchase 
Card website link didn't work
Dealer told me to carry out a bank transfer by phone remotely to reserve the car 
A few days later, the car dealer called to say the car was ready to view 
Went to their offices to view the car, the car wasn't there 
Turns out the car was in storage far away, apparently there was no one to bring the car over.
Salesman told me that they buy/resell cars from motorway and car wow.
Salesman used a lot of aggressive sales tactics, delay tactics e.g. buy a car without viewing, trying to convince me to take their high interest rates, told to go home and return with my V5 to part exchange my car without viewing their car, getting really angry/frustrated that I won't play ball and kept tell his supervisor/colleague that I was basically difficult.

To leave this situation I agreed with the salesman that I will go home to collect my V5 and return to view another car that would cost less with their interest rates.

I never returned to the dealer. I wrote to them that I want my deposit back but they are ignoring my messages.

The invoice deposit says that a deposit is taken when a person has viewed the car. They have taken my deposit of £500 under false pretense. I've never physically seen the car. 

Their Terms and Conditions on the invoice deposit say 'Upon physically viewing the vehicle, a £500 deposit is required to reserve a vehicle, which is non-refundable but transferable,except where required by statutory rights. They have taken my deposit of £500 and I've never physically seen the car.

They have sent text messages to tell me they've reduced the price of the car. On their website,  the car is no longer reserved.

What regulations can I quote to get my money back?

Thanks

paul_c123

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 section 29 should apply.

Alderbank

You entered into a distance contract wherein you paid £500 and the garage promised to make the car ready for you to view.
The garage then seemed to breach the contract by not having the car ready (but that's not very clear).
Also, you could have cancelled the contract by making a clear statement that you were cancelling the contract under s29 of the CCR regs 2013 as @paul_123 suggests. That clear statement is essential (s32 of CCR2013).

But you don't seem to have done that. Instead, while on their premises you seem to have agreed to move your £500 to another contract relating to a different car and you promised to go and get your V5C etc. in order to buy the other car.

Next, you seem to have breached that on-premises contract by failing to do what you had agreed.

Anyone can break a contract, but a penalty has to be paid. However when a consumer breaks a contract the business is generally only entitled to keep an amount sufficient to cover their actual losses that directly result from your cancellation, regardless of the amount you have actually paid.
The garage will have incurred various administrative costs and costs to prepare the second car and perhaps  bring it to the showroom, but those costs will be nothing like £500.

Ask them to tell you the costs they have actually incurred. That is all they can retain, they must return the balance to you.
For reference you could refer them to the Competition & Markets Authority advice on cancelling goods or services
https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

Grey_Critic

***The garage will have incurred various administrative costs and costs to prepare the second car and perhaps  bring it to the showroom, but those costs will be nothing like £500.***

Every car you buy will have had to be prepared for sale so that cannot apply - it is part of the dealer cost - personally I would contact Action Fraud.

maxmycardagain

see it
try it
buy it
drive away

trusting car dealers is not on my agenda

dekat

Thank you all for your advice.
They never prepared the first car or the second car.

They wanted to me to produce a V5 for my car force me to part exchange and sign finance documents which are binding  without having a proper look at the car they've on sale.

According to Google reviews, they make people wait 5 hours to test drive. They are crooks.

Grey_Critic

You might like to check them out on Companies House website https://find-and-update.company-information.service.gov.uk/company/05975777/filing-history

Company Number 05975777 Does not inspire confidence

jimjames

Grey_Critic said:

You might like to check them out on Companies House website https://find-and-update.company-information.service.gov.uk/company/05975777/filing-history

Company Number 05975777 Does not inspire confidence

I don't think the service selling the car has any impact on the quality of the dealer selling it. Motors is just a middleman like Autotrader

sheramber

Motors is just a search engine for cars. 

They  source the car then pass you to the dealer who is selling that car.

Who is the dealer you visited about the car?

Wonka_2

dekat said:

Thank you all for your advice.
They never prepared the first car or the second car.

They wanted to me to produce a V5 for my car force me to part exchange and sign finance documents which are binding  without having a proper look at the car they've on sale.

According to Google reviews, they make people wait 5 hours to test drive. They are crooks.

Sounds very similar to this place https://www.purecars.co.uk/ and its mysterious disappearing reviews. £500 to view something and once you’re on the hook that car ‘disappears’ but they’ve something else you may be interested in. 

dekat

Car planet Watford.

Thanks for your help they've refunded the deposit. Lessons learnt never trust car dealers/ car garages