Holding Deposit not returned, dealer blew a gasket!

paul_c123

Taking a holistic approach, consider this. Do you want to deal with a dealer who doesn't prepare cars before selling them, instead relying on you trusting him to do certain tasks only once a sale is secured and significant money is paid?

Or would you prefer to go and see a car which is "ready to go", even if this means the dealer incurs more cost, more inconvenience (for example having to valet a car again after every test drive), and a slightly lesser proposition (for example, the MoT might only have 11 months left, or its service was done a few weeks/months ago)?

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81859112#Comment_81859112

He did say if I wasn't happy with the car he would refund the holding deposit. I have this evidence in a text message and is also implied in the invoice.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81859113#Comment_81859113

Sorry, excuse my ignorance but what is an LBC?

I was dealing with the owner. If he holds true to what he said then I doubt he will want to contact me direct. However he didn't say I wouldn't get my deposit back, just that if I write a letter of cancellation which I have done he would hand it over to his accountant and I would hear from his solicitor. They where his last words to me.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81859114#Comment_81859114

Nearly all car I have bought have had MOT's, services etc after commiting to buy, but you are taking me off on a trangent because that's not the issue.

I have evidence that he had offered me a refund on a holding deposit if I didn't like the car after a test drive and inpection. I didn't like it so expect my deposit back, simples!

I wrote a letter over 2 weeks ago canceling my interest in the car as he requested and sasking for my deposit back. I want guidence on my next course of action.

James2k

Some used car dealers in this thread I think. He said it was refundable. If he's not honouring his word. Small claims.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81859204#Comment_81859204

LBC = Letter Before Claim.

You sent the letter of cancellation and await a response from this Accountant or Solicitor. I'd give it 14-days for that response to be received from whenever you sent the letter.

Then follow up a response and give it another 14-days.

Then consider your next step.

There may well be some waffle in what the Dealer said if it is a small company and you were dealing direct with the Owner. He may have an Accountant (or a member of staff who runs the books). He quite likley does not have a Solicitor engaged.

Cornucopia

I had a very similar situation a few months ago. Car presented with work outstanding, paperwork outstanding. I put down a deposit making the sale conditional on the work and satisfactory paperwork. The work was done, but the paperwork took 3 weeks to be obtained, and it was not satisfactory when it arrived.

I therefore cancelled. The Dealer wasn't happy about it, but did refund after a few days.

Customers need to be able to make reasonable stipulations about the condition of a vehicle at the point of transfer, and if dealers are going to try to retain deposits, then there won't be deposits any more.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81859241#Comment_81859241

Thanks for your experience.

The dealer didn't say he wouldn't pay, but he was highly charged at the end and I took some one way words of abuse from him before going our seperate ways. This in itself makes me believe he won't pay up easily, but he did mention the cancelation letter and deposit would go to his accountant then his solicitor. It's now over 14 days since I issued and sent the letter by email to him. I think a letter explaining my intent to follow up via a small claims court sent by both by email and recorded delivery is my next option and wait another 14 days.

hightower1

https://forums.moneysavingexpert.com/discussion/comment/81859235#Comment_81859235

Letter before claim, yes that was what I was thinking. Just to give him a second chance to pay before lodging a small claims court claim.

Thanks in engaging with me over this matter.

letom

He's clearly trying to scare you, I'm not sure what you would receive from his solicitor "please don't sue us"?

This is simple, send a letter before action straight away, if you don't hear anything from him then put in a small claims. You have the evidence so unless he's going to liquidate / extract assets from his company to avoid £500, he'll send you the money back as soon as he reads the letter. Instructing the solicitor will cost him more. Make sure you put your evidence in the letter quoting word for word why you believe the money is due back to you.