Car deposit refund

Logmar

Hi,
While on holiday I placed a deposit (on the 7th of August) for a car which I was interested in. Two days later once I'd returned home and had a look at a neighbours car which was the same I decided it wasn't suitable for my needs. I got in touch with the dealer and notified them and they are refusing to refund my £250. I am in Scotland and they are in England approx a 5hr drive from me, I wouldn't have been able to drive down and view it until the 19th of August. I thought I was being reasonable by giving the seller as much notice as I reasonably could but they don't see it that way. 

Where do I stand? 

MyRealNameToo

Deposits arent generally refundable, if they are they serve no purpose at all because someone could put a deposit on every vehicle for sale and then cancel them all leaving the dealer massively out of pocket. 

What gave you the impression you could get the deposit back? 

You could go through the process of arguing that the deposit is excessive and exceeds the dealers losses but it could be a long hard fight with no certainty that you would win. 

Does the dealer have any alternative vehicles you're interested in? They may be more amenable to you switching the deposit to another vehicle.

born_again

Logmar said:

Hi,
While on holiday I placed a deposit (on the 7th of August) for a car which I was interested in. Two days later once I'd returned home and had a look at a neighbours car which was the same I decided it wasn't suitable for my needs. I got in touch with the dealer and notified them and they are refusing to refund my £250. I am in Scotland and they are in England approx a 5hr drive from me, I wouldn't have been able to drive down and view it until the 19th of August. I thought I was being reasonable by giving the seller as much notice as I reasonably could but they don't see it that way. 

Where do I stand? 

Was the dealer going to transfer the car to dealer nearer to you?

Logmar

MyRealNameToo said:

Deposits arent generally refundable, if they are they serve no purpose at all because someone could put a deposit on every vehicle for sale and then cancel them all leaving the dealer massively out of pocket. 

What gave you the impression you could get the deposit back? 

You could go through the process of arguing that the deposit is excessive and exceeds the dealers losses but it could be a long hard fight with no certainty that you would win. 

Does the dealer have any alternative vehicles you're interested in? They may be more amenable to you switching the deposit to another vehicle.

This is what the seller said before I left the deposit - 
"Yes a £250 deposit will reserve the car until you come and view. The deposit is refundable if you’re not happy with the vehicle on inspection"

sheramber

Logmar said:

MyRealNameToo said:

Deposits arent generally refundable, if they are they serve no purpose at all because someone could put a deposit on every vehicle for sale and then cancel them all leaving the dealer massively out of pocket. 

What gave you the impression you could get the deposit back? 

You could go through the process of arguing that the deposit is excessive and exceeds the dealers losses but it could be a long hard fight with no certainty that you would win. 

Does the dealer have any alternative vehicles you're interested in? They may be more amenable to you switching the deposit to another vehicle.

This is what the seller said before I left the deposit - 
"Yes a £250 deposit will reserve the car until you come and view. The deposit is refundable if you’re not happy with the vehicle on inspection"

But you haven’t gone to view it. 

You need to go and inspect the vehicle then advise it is not suitable, to get your deposit back 

Okell

Logmar said:

MyRealNameToo said:

Deposits arent generally refundable, if they are they serve no purpose at all because someone could put a deposit on every vehicle for sale and then cancel them all leaving the dealer massively out of pocket. 

What gave you the impression you could get the deposit back? 

You could go through the process of arguing that the deposit is excessive and exceeds the dealers losses but it could be a long hard fight with no certainty that you would win. 

Does the dealer have any alternative vehicles you're interested in? They may be more amenable to you switching the deposit to another vehicle.

This is what the seller said before I left the deposit - 
"Yes a £250 deposit will reserve the car until you come and view... "

So it was a reserve fee for them to remove it from sale?

Logmar said:

MyRealNameToo said:

Deposits arent generally refundable, if they are they serve no purpose at all because someone could put a deposit on every vehicle for sale and then cancel them all leaving the dealer massively out of pocket. 

What gave you the impression you could get the deposit back? 

You could go through the process of arguing that the deposit is excessive and exceeds the dealers losses but it could be a long hard fight with no certainty that you would win. 

Does the dealer have any alternative vehicles you're interested in? They may be more amenable to you switching the deposit to another vehicle.

"... The deposit is refundable if you’re not happy with the vehicle on inspection"

Did you go and inspect it?

the_lunatic_is_in_my_head

I think more importantly OP do you have that (refundable) in writing, if not do you have anything in writing?

Where did you pay this deposit? 

Logmar

I didn't inspect it in person. As I said, a neighbour who I don't know was kind enough to let me have a look at theirs and I decided that it was the boot space which didn't meet my needs sufficiently (exact same model of car) so I notified the seller as soon as I reasonably could.
I was hoping that they would be reasonable in return given the distance involved etc. 

Aylesbury_Duck

But you were initially happy to travel to see it with no commitment to buy, so if you now do so and determine that it's not what you want, you'll get your deposit back.  That might be less hassle than what could be a lengthy process to try and get it back by other means.

Logmar

Aylesbury_Duck said:

But you were initially happy to travel to see it with no commitment to buy, so if you now do so and determine that it's not what you want, you'll get your deposit back.  That might be less hassle than what could be a lengthy process to try and get it back by other means.

I know what you mean. 
To me it's about being reasonable. I could understand if I didn't stay far from the seller. 
I just don't think he's being reasonable keeping the full amount. 

eskbanker

Logmar said:

Aylesbury_Duck said:

But you were initially happy to travel to see it with no commitment to buy, so if you now do so and determine that it's not what you want, you'll get your deposit back.  That might be less hassle than what could be a lengthy process to try and get it back by other means.

I know what you mean. 
To me it's about being reasonable. I could understand if I didn't stay far from the seller. 
I just don't think he's being reasonable keeping the full amount. 

I don't see why your home address should be of any relevance to the dealer?

Having said that, if the contract was formed at a distance, then you may have cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is presumably behind the question asked above by @the_lunatic_is_in_my_head