Trying to get my deposit back
Options
Scrumpymonkey
Posts: 8 Forumite
Last month I was looking at two motorcycles for sale from two different dealers. I place called deposit on both bikes to secure them whilst I viewed the bikes and haggled the best deal. Unfortunately, after making my decision and buying one of the bikes, the other dealer isn't refunding my deposit.
They are saying that they were selling the bike on behalf of a customer and that they transferred the money to him. The dealer is saying they are currently unable to contact the seller and can't get my money back.
Somehow, I don't believe this and even if I did, surely they are still responsible for returning my deposit and then getting the money back from the seller or am I completely mistaken and have to accept I've lost the money?
They are saying that they were selling the bike on behalf of a customer and that they transferred the money to him. The dealer is saying they are currently unable to contact the seller and can't get my money back.
Somehow, I don't believe this and even if I did, surely they are still responsible for returning my deposit and then getting the money back from the seller or am I completely mistaken and have to accept I've lost the money?
0
Comments
-
Did you have an agreement that the deposit was returnable if the sale wasn't completed?Scrumpymonkey wrote: »Last month I was looking at two motorcycles for sale from two different dealers. I place called deposit on both bikes to secure them whilst I viewed the bikes and haggled the best deal. Unfortunately, after making my decision and buying one of the bikes, the other dealer isn't refunding my deposit.
They are saying that they were selling the bike on behalf of a customer and that they transferred the money to him. The dealer is saying they are currently unable to contact the seller and can't get my money back.
Somehow, I don't believe this and even if I did, surely they are still responsible for returning my deposit and then getting the money back from the seller or am I completely mistaken and have to accept I've lost the money?
Hopefully that agreement is in writing.0 -
Do you believe that the dealership has lost any money due to you cancelling this?
Losing money can include:
- Turning away customers whilst your deposit was active
- Checking over the motorbike in anticipation of you purchasing it
- Moving the motorbike to a convenient venue
If the answer is yes then you have a fair understanding of why a deposit was paid.
If the answer is no then I'm a bit baffled as to why you paid a deposit in the first place.
But alas, you most certainly have the right to pursue this if you so wish. You'd have to send a letter before action and then initiate small claims court action if they simply don't agree to pay you the deposit back. Oh and it is of no concern to your situation if the money has been passed to a third party; that's stupidity on the part of the dealership (but more than likely a lie IMO). Fairly easy and cheap to make a small claims court claim. BUT the dealership will (hopefully) respond with a list of how your actions caused them to lose money/business, and you may only get some/none of your deposit back. Would also be helpful to read your Ts and Cs of anything signed too..0 -
When you pay a deposit for an item, you are agreeing to purchase it and you enter into a contract with the seller. The retailer is within their rights to keep the deposit - unless you agreed specific terms and conditions otherwise (I suspect unlikely). From what you have said, the dealer has done nothing wrong.
I would suggest that some businesses might be stubborn and keep the money you paid as it is their right to do so - after all, they could have potentially sold the bike to someone else in the meantime if you hadn't messed them about. Others though might write off the experience as 'one of those things' and offer the deposit back in order to maintain goodwill.
No one one likes to lose money but what you are asking is unfair considering that you willingly entered into two agreements in the full knowledge that you only intended to go through with one of them.0 -
This is true to a certain extent. They do however have to mitigate the loss. They do this by reselling the bike, if they get the same price then there is no loss so the deposit must be returned. Any expense such as re advertising can be deducted from the deposit.SouthUKMan wrote: »When you pay a deposit for an item, you are agreeing to purchase it and you enter into a contract with the seller. The retailer is within their rights to keep the deposit
If however they have to sell it cheaper then the deposit can be used to make up the difference, in fact if the deposit still doesn't cover the difference then they can technically sue the op for their losses.
Deposits aren't there to just get back if you change your mind (unless the contract says otherwise), they form a legally binding contract on both parties. So if the shoe was on the other foot and they sold the bike to someone else then op would have rights against them.
The other side to this is the dealership claiming they were selling the bike for someone else. This doesn't make much difference to the OP case but that deposit could very well have been the dealers commission for selling the bike. This can also legally be kept as it for their loss of profit.
If the OP wants to find out what the situation is with the bike then they can start a small claims action for the deposit to be returned. In this case the dealership has to then present all the evidence of what happened to the bike including what it was sold for (if sold) and any expenses needed to re sell it. The judge will then decide to what extent those losses were mitigated0 -
Wow, some great advice and some rather unpleasant tones in a couple of the replies. I'll just make a couple of points clear for the angry posters;
1. I didn't mess them about. I was completely honest about the situation of looking at another bike.
2. I called them less than 14 hours after placing the deposit to inform that I had been offered a better deal by the other dealer.
Unfortunately, I feel that sometimes as a buyer you are put under pressure to place a deposit just in case another buyer comes along. I had been looking at another bike a few weeks before and didn't put a deposit down whilst I was waiting to complete the sale on my bike. The bike sold before I had the cash which is bad luck and my problem however, when I had sold my bike and was looking at these two, I felt compelled to put a deposit on both to ensure that they didn't sell before I'd seen them.
Looks like it is my problem to deal with and I appreciate the advice from "some" of the posters. Maybe some of the others could adopt a slightly less "I know everything and you're so stupid" attitude. It seems to be a common problem on this forum.0 -
Scrumpymonkey wrote: »Wow, some great advice and some rather unpleasant tones in a couple of the replies. I'll just make a couple of points clear for the angry posters;
1. I didn't mess them about. I was completely honest about the situation of looking at another bike.
2. I called them less than 14 hours after placing the deposit to inform that I had been offered a better deal by the other dealer.
Unfortunately, I feel that sometimes as a buyer you are put under pressure to place a deposit just in case another buyer comes along. I had been looking at another bike a few weeks before and didn't put a deposit down whilst I was waiting to complete the sale on my bike. The bike sold before I had the cash which is bad luck and my problem however, when I had sold my bike and was looking at these two, I felt compelled to put a deposit on both to ensure that they didn't sell before I'd seen them.
Looks like it is my problem to deal with and I appreciate the advice from "some" of the posters. Maybe some of the others could adopt a slightly less "I know everything and you're so stupid" attitude. It seems to be a common problem on this forum.
Who is guilty of the "unpleasant tones" and being an "angry poster"?
I can only guess it was me because of the use of "alas" and "hopefully" when talking about your right to take the company to small claims court if they keep the deposit. Nobody else has been that "angry" towards you here
I suppose I was hinting at the possibility that the company have perfectly valid reasons for withholding some or all of your deposit. Remember, there are two sides to 'consumer rights'
Good luck in getting your deposit back. I would hope that the company are able to cover any costs they have incurred (after mitigating losses).0 -
Deposits work both ways, you wanted the seller to hold it for you until you changed your mind? A bit one-sided.0
-
Who is guilty of the "unpleasant tones" and being an "angry poster"?
I can only guess it was me because of the use of "alas" and "hopefully" when talking about your right to take the company to small claims court if they keep the deposit. Nobody else has been that "angry" towards you here
I suppose I was hinting at the possibility that the company have perfectly valid reasons for withholding some or all of your deposit. Remember, there are two sides to 'consumer rights'
Good luck in getting your deposit back. I would hope that the company are able to cover any costs they have incurred (after mitigating losses).
No don't worry, yours was a very valid post with an well reasoned explanation 0 -
Well if it wasn't Daytona with the unpleasant tones, it must've been me. :eek:
Whatever next?
p.s. there's alot of sense in societys child's post.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards