Distance Selling Query

BACKTOBACK

https://forums.moneysavingexpert.com/discussion/comment/82048676#Comment_82048676

Sorry i thought it was answered. The dealer issued a new invoice which stated £250 cancellation fee. The dealer then kept the original 'deposit' saying the matter is now closed (Only the deposit was kept and the dealer seemed to keep the deposit to pay this new cancellation fee)

BACKTOBACK

I did delete one post earlier which was correctly quoted. I did this as i don't want the dealer to find this thread and use the information contained against me. I will feel more comfortable when the 45 days have passed. The information in this thread is very useful to me, anyone else who comes across a similar situation but could also be used to the dealers advantage in the 45 day period

Okell

https://forums.moneysavingexpert.com/discussion/comment/82048936#Comment_82048936

You seem to be making this unnecessarily complicated.

If it's a distance contract (and based on what you have told us it is), then:

1 the dealer has to repay to you any "deposit" you paid; and

2 the dealer is not permitted to charge you a cancellation fee

The dealer can't claim to have repaid you the deposit but then say he's kept it as a cancellation fee.

He can't keep your money - FULL STOP

NB - The above and all my previous comments are based on what you told us being accurate

Okell

https://forums.moneysavingexpert.com/discussion/comment/82048939#Comment_82048939

How can the dealer use anything against you?

As long as what you have told us is accurate and truthful there is nothing the dealer can use against you.

In any case you've now put it in the hands of TSB and no doubt they will deal with it appropriately.

I'm not sure if you've understood what people have said about chargeback:

1 despite the fact that TSB seem to have come down in your favour, the consensus here is that there is no chargeback right for a change of mind cancellation, so don't be surprised if the credit is reversed;

2 even if the dealer doesn't challenge the chargeback within 45 days you aren't necessarily out of the woods, they could still decide to sue you for whatever amount they think you owe them. Of course they would have virtually no chance of succeeding, but you need to be aware of the possibility

born_again

https://forums.moneysavingexpert.com/discussion/comment/82048939#Comment_82048939

Dealer could not use any evidence like that to reject the chargeback.