Used car deposit
Options
Steviejay
Posts: 4 Newbie
Hi all,
I've had a look for similar situations to mine and can't quite seem to find something alike, so thought I'd post to here.
Last Sunday I went to look at a car at a used car garage in Leigh. I liked the look of the car, and the shifty-eyed salesman and his mate decided to give me the "it's gonna go quick", "it's a lovely colour isn't it", nonsense you'd usually find. After originally being offered a reasonable amount to trade in my car, as well as a "12 month warranty", I was still on the fence of purchasing, so the salesman suggested a deposit (the same price as the warranty, £290) to take the car off sale so I could think about it.
After asking him FOUR times, that I was still unsure of the purchase and to confirm that the deposit was simply to take the car off their website/autotrader, I decided to go ahead and place a deposit, giving me time to think about the car - keep in mind this was even before I test drove it. I'd signed a 'vehicle invoice' (looks pretty standard amongst the car sales world) which shows the 'deal' I'd been offered and the trade of my car etc. it states the deposit at the bottom of the invoice. Attached is the receipt for the £290 I'd paid using my credit card for the 'deposit.' Signed and dated.
Tuesday comes, I get a call from the original salesman saying "Hi, the car has flown through it's MOT with no advisories etc etc..." I even then confirmed on the phone that day that I was still unsure of the purchase once again confirming that I was still thinking about it. Wednesday evening II went to test drive it with my dad and even then, in person, I still had not confirmed that I would purchase the vehicle. Side note, to say it had passed it's MOT was definitely dodgy, it had a NAIL completely embedded in the drivers side front tyre, not even mentioning the other 3 utterly bald tyres...Oh, and the extra 1.5k miles on the clock to what was advertised.
After thinking and assessing my options, and finding numerous faults and discrepancies during my test drive/observations of the car I rang yesterday afternoon and told the company that I did not want to purchase the car and thanking them for their time. The gent then told me that I was legally bound to buying the car and that the deposit was none refundable, along with my intent to buy the car. He pretty much said I'd signed a contract that meant I was buying the car with no option.
After being massively upset by this and reiterating to the other salesman that what he was telling me was completely the opposite of what I'd been told in the garage, FOUR TIMES, he just said I'd have to ring back in the morning and speak to the salesman directly.
I decided to ring the citizens advice bureau and got some relatively useful advice from them regarding where I stand on what the gent told me on the phone, including my ability to get the refund of the £290. They told me to create a letter directly to the garage and quote the consumer protection from unfair trading regulations 2008 act, what was agreed and a significant factor of the deposit was based on what they had told me and I'm excercising my rights to unwind the contract within 14 days, requesting a refund within the same period of time. At this point I'm not even fussed about the £290 - I just do not want to buy that car.
What's my standpoint?
Thanks for your time everyone!
I've had a look for similar situations to mine and can't quite seem to find something alike, so thought I'd post to here.
Last Sunday I went to look at a car at a used car garage in Leigh. I liked the look of the car, and the shifty-eyed salesman and his mate decided to give me the "it's gonna go quick", "it's a lovely colour isn't it", nonsense you'd usually find. After originally being offered a reasonable amount to trade in my car, as well as a "12 month warranty", I was still on the fence of purchasing, so the salesman suggested a deposit (the same price as the warranty, £290) to take the car off sale so I could think about it.
After asking him FOUR times, that I was still unsure of the purchase and to confirm that the deposit was simply to take the car off their website/autotrader, I decided to go ahead and place a deposit, giving me time to think about the car - keep in mind this was even before I test drove it. I'd signed a 'vehicle invoice' (looks pretty standard amongst the car sales world) which shows the 'deal' I'd been offered and the trade of my car etc. it states the deposit at the bottom of the invoice. Attached is the receipt for the £290 I'd paid using my credit card for the 'deposit.' Signed and dated.
Tuesday comes, I get a call from the original salesman saying "Hi, the car has flown through it's MOT with no advisories etc etc..." I even then confirmed on the phone that day that I was still unsure of the purchase once again confirming that I was still thinking about it. Wednesday evening II went to test drive it with my dad and even then, in person, I still had not confirmed that I would purchase the vehicle. Side note, to say it had passed it's MOT was definitely dodgy, it had a NAIL completely embedded in the drivers side front tyre, not even mentioning the other 3 utterly bald tyres...Oh, and the extra 1.5k miles on the clock to what was advertised.
After thinking and assessing my options, and finding numerous faults and discrepancies during my test drive/observations of the car I rang yesterday afternoon and told the company that I did not want to purchase the car and thanking them for their time. The gent then told me that I was legally bound to buying the car and that the deposit was none refundable, along with my intent to buy the car. He pretty much said I'd signed a contract that meant I was buying the car with no option.
After being massively upset by this and reiterating to the other salesman that what he was telling me was completely the opposite of what I'd been told in the garage, FOUR TIMES, he just said I'd have to ring back in the morning and speak to the salesman directly.
I decided to ring the citizens advice bureau and got some relatively useful advice from them regarding where I stand on what the gent told me on the phone, including my ability to get the refund of the £290. They told me to create a letter directly to the garage and quote the consumer protection from unfair trading regulations 2008 act, what was agreed and a significant factor of the deposit was based on what they had told me and I'm excercising my rights to unwind the contract within 14 days, requesting a refund within the same period of time. At this point I'm not even fussed about the £290 - I just do not want to buy that car.
What's my standpoint?
Thanks for your time everyone!
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Comments
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Do as the CAB advised you to do, after all that!!!8217;s why you went to them.0
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Agreed. You have your answer in your own last main paragraph.0
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Why did you sign a contact and place a deposit if you had no intention of buying the car?
Can you prove anything that was said? What does the vehicle invoice say? You could potentially come at it from a 'not as described' angle but that's dependent on that being the case, for example having been sold with a dodgy MOT.
Worst case scenario they can't force you to buy the car and they can't even keep your deposit, they could only charge you for their losses and they've a duty to mitigate these.
In the future don't place money down on a car unless you intend to buy.0 -
Get your money back and take someone with you who is able to make a decision next time0
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Thanks all for your time and your replies.
I would've never thought I'd be one of these people who would bite at the chance to have something, but now it's biting me it seems! I'm either buying it or I'm not. I don't need the salesman nonsense, all this just reaffirms why there is stigma around used car sales. It gets even worse when I recall the original price, the salesman said "The price on autotrader is slightly different to the one here." £500 more on the forecourt? The signs where all there I suppose...
I don't think I could've been more clear when I stated to the squirmy salesman that I was absolutely not 100% in buying the car. The deposit was sold to me under the pretence that it was ONLY to take the car off the market so I had time to think about the purchase. He originally said "£250 for the deposit and it will give you some time to think about it. Put down £500 and we'll take it off the website." I then obviously wondered what the point in the first deposit was if it was still able to be bought by somebody else...
"Tell you what, 12 months warranty at £290 - put that down as the deposit and we'll take it off the website."
I've drafted a letter based on what was suggested by CAB and will send accordingly.0 -
I don't think I could've been more clear when I stated to the squirmy salesman that I was absolutely not 100% in buying the car. The deposit was sold to me under the pretence that it was ONLY to take the car off the market so I had time to think about the purchase.
As others have said, you really need to address your lack of decisiveness in the future.
If you find a salesman's patter too distracting, you should have asked him to let you inspect the car by yourself. You could then have done your own research on AutoTrader etc before deciding. If the car was then sold before you returned, then you'd have to choose another car but you wouldn't be chasing your deposit back!0 -
Moneyineptitude wrote: »So you were "100%" not going to buy the car and then you contradicted yourself by giving them a large deposit!
You have completely misrepresented what the OP has actually said. In your version he is 0% going to buy the car, whereas what was actually written was "not 100%", which means he could have been 99% going to buy the car. While "not 100%" includes 0% I think if that was the case the OP would have written what you seem to think he did, i.e. "100% not".0 -
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To confirm, I was definitely not 100% in purchasing the car.
I was borderline 50/50 based on the salesman's shifty movements. I had simply placed the deposit based on what the salesman had told me. Taking it off the market, so I had more time to think about the purchase of the vehicle.
Today Halifax have been in touch requesting more information about the dispute and what I'd signed for the deposit.0 -
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