Thread: Is this a April fools wind up?? Car dealership and my deposit.

Help needed

Is this a April fools windup ?????

I took a liking to a car on the Suzuki Renault web site, on the 21st Mar 2008, I then contact the dealership to discuss the car and left a deposit of £500. 00 with my card, I was informed the car would be available for collection on the 23rd March. At this point no contract or documentation has been signed by either party.

The dealership is based in Stoke on Trent so it meant a 75 journey for the collection of the vehicle. Whilst making my way to collect the vehicle I received a phone call notifying me that the car will not be ready as the brakes needed to be replaced. At this point I had incurred travel cost to Birmingham .so far

I was informed that the vehicle would be ready be Wednesday of the following week.

I phoned on the Wednesday to see if the vehicle was ready for collection only to be told that it would not be ready until Friday.


As I had not received the goods as I requested I have decided that if I am experiencing a problem before the purchase of the vehicle that I am likely to experience further difficulty once I own the vehicle.

I contact the dealership to speak to the sales person (I am informed is on holiday)

I then speak to the sales manager who, tells me he needed to speak to the sales rep before a decision can be made.

I waited until Monday morning and contacted the dealership again , I spoke to the sales manager who informed that the deposit would be refunded and that I would need to send a written letter to the accounts manager stating the details of why I have cancelled the car.

I took the email address and sent a email only to receive the following reply : -


Word/letters/10408

1st April 2008

Dear Mr xxx


I am in receipt of your cancellation request received by email 31st March 2008 reference the original purchase of a Renault Megane Sport Registration Number BJ0xxx.

On 21st March 2008 we took a deposit of £500.00 towards the purchase of the above vehicle. Although we accept that you asked if it was possible to collect the vehicle on 22nd March 2008 it was not a condition of the sale. Indeed upon inspection of the vehicle the Service Manager felt that although there was still sufficient life left in the brake pads and discs to pass its Mot that these components were best replaced to ensure safety of the vehicle in the months to come.

The components are of a specialist nature and can only be ordered from a Renault main dealer. These were ordered to arrive to us on Wednesday 26th March 2008 and you were informed of this. On Wednesday we were informed by the Renault dealer that the components were back ordered and would be expected either Friday 28th March or Monday 31st March, you were also informed of this.

I can confirm that the components did in fact arrive on Monday 31st March.

This company has been trading since 1952 and we have an excellent customer service record. I believe my team have acted (as usual) with the utmost integrity in taking the decision to replace the components prior to delivery as opposed to possible future confrontation and customer dissatisfaction. I have viewed the ordering cycle for the components and spoken directly to the Renault dealer and can confirm that neither this company nor the Renault dealer could have acted any quicker.

I believe that your decision to cancel under these circumstances is wholly unreasonable.

A deposit is paid in good faith on both parties and in general is non-refundable, I must admit that we do refund deposits where justified and at our own discretion usually for medical reasons or changes to the customers financial position.

As there is clearly no moral reason to refund your deposit we now accept your official cancellation but will not refund the deposit already paid.

Yours faithfully


Mr xxx


Sent by email 1st April 2008, hard copy posted



Can you please advise as to the next steps to obtain my money

I have phoned Mr. Ward and requested the refund, he has stated that they have seek legal advice and the deposit is not refundable.


Since then they have increased the price of the vehicle by a £1000 and readvertised

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They sound very reasonable to me.

You were informed all the way about the delay and as he says, it wasn't a condition of purchase that you had it on that day. They also wanted the car to leave the showroom and not have to return for repairs or complaints.

As you know a deposit is paid to reserve that car, and it will have been removed from the showroom.

If you should get anything back from this, then I think you should name the selling dealer on here as it will no doubt give others a degree of confidence that there are decent car dealers around.

Does their website actually say the deposit is 'non returnable'?

After much trawling of the OFT and Consumer sites, I can only come up with the following:

From the OFT site

If you are planning to pay either a deposit or the full amount by credit card over the Internet, it is advisable to ensure it is a secure site. Ring them to check if you are unsure. Don’t presume that the deposit is refundable either; always ask before placing any money down.

That may or may not help you mm.

Originally Posted by mymoney001

Thanks for the information Jon

Jon
I have now drafted the sequence of events as they occurred can any one plesee forward their comment before I post


Thanks

mymoney



letter before action

Statement of evidence

Dear Mr xxx
On the 21 st of March I contacted your company to make enquires on a vehicle your
company have been advertising on the web.

I discussed the particulars of the vehicle with your sales manager

I expressed that I was interested in the vehicle and would like to purchase it.

The sales manager outlined that I would have to leave a £500 deposit to hold the
vehicle and did at no time state that the car was not road worthy, and I would be
able to collect the vehicle on the 22nd March 2008 after he had organized for the
vehicle to be cleaned.

I paid the £500 deposit over the phone, and was informed the vehicle would be available for collection on the 22nd March.2008.

I started to make my way from my friends house which is in Northampton on Saturday 22nd March, at approx 10.30 . I then received a call at approximately 11.45 from the sales manager to tell me that the vehicle would not be ready for collection, that the windows were not winding up / down and this needed to be fixed .

I expressed that I was in need of a car and if it was in a drivable condition ,I’ll take it and return it to have it fixed at a later date.

The sales manager then asked me to ring back in 5 minutes , after 5 minutes I phoned back to be told by the sales manager that the brakes are also faulty and needed changing.


Having come so far and to be told that the vehicle would not be available was very
frustrating and a unacceptable approach to customer relations .

I was notified by the sales manager that the vehicle would now not be ready until Wednesday 26th March.


I quickly had to rent a car to enable me to go about my business having been let down by a so call reputable garage.

Throughout the time leading up to Wednesday 26th March I had made several calls to
clarify the status, and it was confirmed that the car would be available for collection
on Wed 26th March.

On Wednesday 26th March I contacted the Dealership again, only to be told the parts
have not arrived and the vehicle was still not available for collection.

I was then given a date of Monday 31st March as being the date for the car to be available.


On ThursdayI contacted the dealership to speak to the sales manager only to be told that he is on holiday.

I then spoke with David xxx, I expressed my concern to him ant that I wished to cancel the order as I had not received the vehicle as stated and that from the offset that the vehicle was not road worthy and the fact that the sales manager was economical with the truth.

David had stated that the deposit was non refundable,

I expressed that I have not signed any agreement with you, your dealership has failed to deliver the goods in the stated condition, and within the stated time frame and still are unable to deliver.

David stated that he would need to talk to the sales manger who was on holiday and that he would contact me later that day / following day.

I waited until Monday morning as I had not heard for David, I phoned and was told by
David xxx that the deposit would be refunded in full, but he needed written
Confirmation from me stating that I am cancelling the order; this needed to be sent to
the accounts department.

David gave your name as the point of contact and I emailed the following note to
you ; -

For the attention of the accounts department suzuki randles I wish to cancel the order of the renault megane due to lack of confidence and ability to deliver the vehicle on time can you please return the £500 deposit to my address provided please. thank you.In reply to this I then receive your email stating: -
Address

Reference

1st April 2008

Dear Mr XXX

I am in receipt of your cancellation request received by email 31st March 2008 reference the original purchase of a Renault Megane Sport Registration Number BJ0xxxx

On 21st March 2008 we took a deposit of £500.00 towards the purchase of the above vehicle. Although we accept that you asked if it was possible to collect the vehicle on 22nd March 2008 it was not a condition of the sale. Indeed upon inspection of the vehicle the Service Manager felt that although there was still sufficient life left in the brake pads and discs to pass its Mot that these components were best replaced to ensure safety of the vehicle in the months to come.

The components are of a specialist nature and can only be ordered from a Renault main dealer. These were ordered to arrive to us on Wednesday 26th March 2008 and you were informed of this. On Wednesday we were informed by the Renault dealer that the components were back ordered and would be expected either Friday 28th March or Monday 31st March, you were also informed of this.

I can confirm that the components did in fact arrive on Monday 31st March.

This company has been trading since 1952 and we have an excellent customer service record. I believe my team have acted (as usual) with the utmost integrity in taking the decision to replace the components prior to delivery as opposed to possible future confrontation and customer dissatisfaction. I have viewed the ordering cycle for the components and spoken directly to the Renault dealer and can confirm that neither this company nor the Renault dealer could have acted any quicker.

I believe that your decision to cancel under these circumstances is wholly unreasonable.

A deposit is paid in good faith on both parties and in general is non-refundable, I must admit that we do refund deposits where justified and at our own discretion usually for medical reasons or changes to the customers financial position.

As there is clearly no moral reason to refund your deposit we now accept your official cancellation but will not refund the deposit already paid.

Yours faithfully


Sent by email 1st April 2008, hard copy posted




Points I wish to raise with you are:

Par 2. Although we accept that you asked if it was possible to collect the vehicle on 22nd March 2008 it was not a condition of the sale.

Why would this not be classed as a condition of sale when I am travelling all this way to collect a vehicle that I have clearly been told the vehicle will be available on the said date. I believe this is categorized as a point of sale as we have agreed a price / time of collection.


Par. 2a
Indeed upon inspection of the vehicle the Service Manager felt that although there was still sufficient life left in the brake pads and discs to pass its Mot that these components were best replaced to ensure safety of the vehicle in the months to come.

Only when I prompted the sales manager did he mention that the brakes where faulty, as his fist call only mentioned the state of the windows.


Par .5
I can confirm that the components did in fact arrive on Monday 31st March.

You committed to delivering the goods on a specified date and a week later the goods are still not ready

Par 7

I believe that your decision to cancel under these circumstances is wholly unreasonable.

Based on the facts you or your company have offered no support or service to remedy the situation other than to take my money for a product which you have failed to deliver .

Par 9
As there is clearly no moral reason to refund your deposit we now accept your official cancellation but will not refund the deposit already paid.

A member of your staff has clearly stated that the deposit would be refunded prompting me to send the required email to you.



I am very disappointed with the way that you have responded to my email of the 31st march 2008.

I require repayment in full of this money, If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.


Yours faithfully,


[name]

Eeven looking at a common sense argument, how can they claim to have incurred a £500 loss that would warrant the desposit being kept

Its theft, nothing less IMHO

Cheeky bunch of ......................

It does say on the site:

A deposit is paid in good faith on both parties

letter before action by recorded letter and email




Dear Mr xxx


On the 21 st of March I contacted your company to make enquires on a vehicle your company have been advertising on the web when I discussed the particulars of the vehicle with your sales manager

I expressed that I was interested in the vehicle and was considering purchasing it. The sales manager outlined that I would have to leave a £500 deposit to hold the vehicle until I could visit for a test drive and inspection. Although I thought this unusual I did pay using my card over the phone.

At NO time was it suggested either in person on the phone or in writing that this deposit was non-refundable and had it been I would have refused to have anything more to do with your company.

It was arranged that I should test drive and if satisfactory collect it on it on 22nd March 2008 after it had been cleaned. At 10.30 am I started to make my way from my friends house which is in Northampton on Saturday 22nd March and after having travelled (miles here) I received a call at approximately 11.45 from the sales manager to tell me that the vehicle would not be ready for collection, that the windows were not winding up or down and this needed to be fixed .

At no time was I informed that it required, what now appears to have been, extensive repairs before I could collect it until after I had started my journey to your garage

Although a major fault after having travelled so far and being in need of transport I suggested that subject to a satisfactory test drive I would take it and return at a later date to have it repaired

The sales manager then asked me to ring back in 5 minutes which he failed to do so after 5 minutes I phoned you to be told by the same manager that the brakes are also faulty and needed changing. Furthermore I was notified by the manager that the vehicle would now not be ready until Wednesday 26th March.

Throughout the time leading up to Wednesday 26th March I had repeatedly called to clarify the status, and it was confirmed that the car would be available for collection on the prearranged date of Wed 26th March 2008

On Wednesday 26th March I again contacted you and was told due to a lack of more parts the vehicle was still not available for collection. I was then given another date of Monday 31st March as being the date that the car would be available.

On Thursday I contacted the dealership to speak to the sales manager only to be told that he was on holiday. David stated that he would need to talk to the manager and that he would contact me later that day or the following day.

When I then spoke with David xxx, I expressed my concern to him and that I wished to cancel the order as I had not only been subjected to considerable inconvenience but that the vehicle was not road worthy as described.

It was at this point and only this point that I was told that the deposit was non refundable. I immediately expressed my disagreement pointing out that I have never been notified of this and had I been I would not have complied. David said he would contact me.

I waited until Monday morning as I had not heard for David, I phoned and was told by David xxx that the deposit would be refunded in full, but he needed written Confirmation from me stating that I am cancelling the order; this needed to be sent to the accounts department which I duly did via email as follows

For the attention of the accounts department suzuki randles I wish to cancel the order of the renault megane due to lack of confidence and ability to deliver the vehicle on time can you please return the £500 deposit to my address provided please. thank you

As I believe it will be a waste of time I will not bother to reiterate your response here other than to say you refused my request. It is also suffice to say that if you claim you are retaining my deposit because of the repairs I would remark didn’t you expect to do them anyway? or are you in the habit of supplying un-roadworthy vehicles when you claim to be a ‘reputable’ garage

Please note that unless I receive my full refund within the next 7 working days I shall not hesitate to issue court proceedings. This action will not only add court costs but may also add further damages to cover my time, trouble and expense attempting to travel to your premises

I await your earliest responses at your convenience

Yours faithfully