Deposit returned??

[money]

While I was at work today my husband went looking for a car (2nd hand). He paid £500 deposit with Visa debit card. He has decided (with some help from me) that it isn't quite worth the money etc etc etc. Can we get the deposit back? the deposit was to pay for spare parts that are missing and to 'hold' the car until Good Friday.

I have tried talking to them ont he phone but they are having none of it, he signed agreement blah blah blah, boss away until monday and all that crap.

Am I entitled to the deposit back? I have told him under no circumstances to spend any of the deposit on parts and that he is wasting a day where the car could be on the forecourt tomorrow.

Please help, poor husband is in the dog house!!

[cheddar]

Does it mention any clause with the deposit on the agreement he signed? Personaly I think you would be best contacting your local Trading Standards who can get sometimes get involved for you: http://www.tradingstandards.gov.uk/ or look in your local phone book/yellow pages.

[alanfromderby]

I am sorry to be the bearer of bad news, but unless the seller agreed that the deposit was refundable (very unlikely), then that payment will be viewed legally as confirming the contract to buy the vehicle.

On that basis, the only likelihood of getting this deposit back will be through the goodwill of the seller.

[money]

The main problem was that he agreed to pay £4499 for it. Only when they sat down and the paperwork was being written out did the bloke say oooh we also need another £175 for car tax please so taken over the budget really.

[cheddar]

I would have thought so as well alan, what does it say in the contract money????

[money]

'I certify I am the buyer of the above mentioned vehicle at the price stated. I acknowledge receiving delivery'


It is more a sales receipt than anything, what work they will do to the car, part exchange particulars etc.

I guess it is a lesson for him to think before he parts with his cash.

[seylectric]

It might be worth asking the credit card company to do a chargeback then argue the toss later. If the company don't hold any of your money they are probably unlikely to pursue it, they will more than likely resell the car.

[alanfromderby]

I always seem to be the voice of doom on this thread.

Unfortunately, it was a Debit Card transaction - unless claiming fraud, I am fairly sure you cannot reverse the payment.

[seylectric]

Sorry, my mistake.

[rippedoffagain]

Quick Tip.

Tell them that you will not take delivery of the car until August or September, maybe later still, but as they have accepted a deposit, and entered into a contract with you, they must not sell it.

Interesting about to hold until Good Friday part, if they have implied that the deposit was to "hold" the car, ie prevent them from selling until Good Friday, then presumeably this "contact" expires thereafter.

[seylectric]

Another interestin angle is the "deposit was for spare parts" bit. On a 4 grand plus car? You surely have some sort of right for the car to be in saleable condition for that sort of money, and it definately should be roadworthy. What "spare parts" are they talking about?

[alanfromderby]

Originally Posted by rippedoffagain

Quick Tip.

Tell them that you will not take delivery of the car until August or September, maybe later still, but as they have accepted a deposit, and entered into a contract with you, they must not sell it.

Interesting about to hold until Good Friday part, if they have implied that the deposit was to "hold" the car, ie prevent them from selling until Good Friday, then presumeably this "contact" expires thereafter.

Sorry, but it's me again. The deposit would have been paid on the basis that the purchase was completed on, or before, Good Friday. Unfortunately, after that time the seller no longer has to sell to the person who paid the deposit - however, he can legally keep the deposit.

[alanfromderby]

Originally Posted by seylectric

Another interestin angle is the "deposit was for spare parts" bit. On a 4 grand plus car? You surely have some sort of right for the car to be in saleable condition for that sort of money, and it definately should be roadworthy. What "spare parts" are they talking about?

No, the deposit was an acceptance to purchase the car - and agreement that the garage could go ahead and obtain the parts needed. The purchase of a second hand car is done on a basis of as seen (unless the contract says otherwise - and it won't). This means that faults that were shown - or the buyer would reasonably be expected to have checked - the contract stands.

However, if later the new owner discovers faults that were deliberately concealed, then their would be a case for a refund.

[money]

We have decided to have the car, I did call the garage though and say a,b and c has to be completed to a satisfactory standard as discussed with my husband or we will not accept the car. (It needs a new headrest, ashtray, screw missing, and a chair windy back thingy handle missing, new stereo as this was advertised with cd player but it doesn't work and a good clean is needed inside).

Apparently second hand car places sell a car and then do the work on it, we went to a couple of other places that do this too, odd but I can understand the logic behind it.

Thanks for all your help!

[mariejader]

Apparently second hand car places sell a car and then do the work on it, we went to a couple of other places that do this too, odd but I can understand the logic behind it.

It's standard practice to do this