Holding Deposit not returned, dealer blew a gasket!

hightower1

Just before Christmas I saw a car at a dealers. There was little time to look at it in detail at the time but enough to peek my interest. I did an online car check that evening and contacted the dealer the next day to arrange a further inspection and test drive. We couldn't arrange a date prior to Christmas but said he would take a £500 deposit to hold the car and subject to a small list of things that he needed to do to the car including an MOT. He also said that this would be a returnable deposit should I not be happy after a future test drive and inspection date to be arranged and he sent me a photo of an invoice with this information on. I paid via a bank transfer.

3 weeks ago I had my test drive which went well, but I wasn't happy with the more detailed inspection of the car and that a number of things that he had promised hadn't been carried out. I decided not to go forward with the purchase and requested my deposit back.

He flew off on one! Saying this and that (I won't go into details), however I managed to stay calm, although a bit shocked. He said that we wouldn't speak to each other ever again but that if I wrote a letter to cancel my interest in the car he would forward it to his accountant and that I will be hearing from his soliciter. Go figure!

This is what i did via email, underlining what was written in the notes section on the Invoice and requesting the repayment of £500 was made within 14 days.

This is now up and I have heard nothing (not really surprised).

So what are my next steps? Can anyone advise? I will ramp this up if nessesary and obviously have a few options like small claims court or solicitors.

So is there anyone who might have had a similar experience be able to advise me?

paul_c123

https://forums.moneysavingexpert.com/discussion/6652630/holding-deposit-not-returned-dealer-blew-a-gasket

Show us the photo of the invoice or let's see the wording.

Deposits are not normally refundable unless by mutually agreed contract (which needs to be reasonable). It doesn't matter what he promised and didn't do; its more what was agreed about the refundability and detailed in writing.

born_again

I wasn't happy with the more detailed inspection of the car and that a number of things that he had promised hadn't been carried out.

TBH. Dealers tend to do stuff like this after a sale is agreed. As they do not want to spend money on a car that they might just put back in a auction, due to no interest.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81858732#Comment_81858732

I would rather not post the full invoice as I don't want to jeopardise any future claim but this is what was in the notes section. A returnable deposit was mentioned verbally and backed up in a subsequent text message from the dealers.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81858765#Comment_81858765

Yes, I know. The bottom line was that the inspection showed things I didn't like and wasn't happy to continue with the purchase. If you look at the Note's section of the invoice I have posted you will see what was promised before the inspection and test drive.

paul_c123

https://forums.moneysavingexpert.com/discussion/comment/81858802#Comment_81858802

No I mean, the wording surrounding the refundability of the deposit.

laidbackgjr

Those notes are part of your contract of sale, but nothing to do with the deposit. What does the contract say about the deposit?

Grumpy_chap

Those notes don't say returnable deposit.

Can you state exactly what the text message said about the deposit?

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81858818#Comment_81858818

There was no contract offered just one side of the invoice. Perhaops that was on the back which I haven't got? I haven't signed for anything so no contract I guess.

paul_c123

You can assume unless you have it in writing that a deposit is refundable……it isn't.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81858821#Comment_81858821

It says.

Thanks you for your message, I'm happy to take a £500 holding deposit subject to new MOT, replacement sunroof, full valet and a test drive. If you're not comfortable after a test drive and inspection your £500 would be refunded.