Holding Deposit not returned, dealer blew a gasket!

paul_c123

Also…..there's 4 things on that list: sunroof glass; broken latch; MoT, service. Which of these 4 wasn't done to your satisfaction?

born_again

https://forums.moneysavingexpert.com/discussion/comment/81858816#Comment_81858816

Sorry But I read that note as. Work will be done once you are happy to complete. NO mention of it will be done pre-sale 🤷‍♀️

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81858839#Comment_81858839

None of them. Plus I found other suspect area's with fresh underseal under the car I wasn't happy with to include a non working rear window and water in the boot.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81858841#Comment_81858841

Really! where does it say "work will be done once…." ?

paul_c123

"A number of things that he had promised hadn't been carried out" - which things?

Grumpy_chap

OK, so

"

If you're not comfortable after a test drive and inspection your £500 would be refunded.

"

That seems simple and clear. You were not comfortable after the test drive and inspection so your £500 would be refunded.

Can you evidence that the text is from the Dealer?

Is the Dealer a sole-trader or Ltd Co?

How long has the Dealer been established?

How did you pay the £500?

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81858911#Comment_81858911

I can evidence what the dealer promised through the invoice and text messages.

The dealer was established in 2010 and is a limited company. The money was paid by bank transfer.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81858878#Comment_81858878

Hello Paul.

I did reply to your earlier post, but all of the things.

Okell

Surely the whole point of a "holding deposit" is that it is non-refundable? The dealer agrees to withdraw the car from sale while the prospective buyer arranges finance or whatever. In doing so the dealer foregoes possible sales opportunities to other consumers, so the holding deposit is not refundable, otherwise the dealer is potentially disadvantaged.

However, if the dealer has told the consumer that the deposit is refundable despite describing it as a "holding deposit", then it should be refundable.

The issue is one of proof. Can the OP prove that the dealer said the "holding deposit" was refundable?

I don't think the issue of work done or not done is relevant. It's simply whether the OP was told it was refundable or not

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81859079#Comment_81859079

Your options are really to pursue via the Dealer directly and if that totally fails, to issue LBC and then claim via Small Claims process.

It is a Ltd Co and they might just fold but, if they have been established since 2010, they probably won't want to lose that amount of trading history / credibility over £500.

Before you get to that, are you dealing with the Sales Representative who may have been frustrated at the loss of sale (commission), or have you escalated within the Dealership to the Dealer Principle?