Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
- Enquired about purchasing a car from the Saab dealer. Salesman says he would get back to me in a day or two regarding stock.
- Salesman phones a couple of days later, describes the car over the phone. Seemed like a decent deal, so I put down a deposit using my credit card over the phone.
- Couple of days later, Saab announce that they are in recievership (or whatever).
- I contacted the salesman, who said: "Wait a few days for any news - if you are not happy, we can easily refund your deposit"
- Couple of days later, I ask for my deposit back. Salesman says: "Not a problem. My manager needs to do this and he is not in for 3 days"
- Phone back in 3 days - they wouldn't return my calls.
- Next day the sales manager gets in touch and says that I cannot have my deposit back. He then has to speak to his boss after the weekend about it.
- After the weekend, sales manager phones me and says that the deposit is not refundable, and he could claim against me for the full amount.
Throughout this I have not signed anything and seen very little in the way of paperwork. Everything has been conducted over the phone, apart from the initial contact and test drive of a similar car.
The only way he could claim against you for the full amount would be if he had supplied the car - which he obviously has not.
Contact the credit card company and ask them for a charge back - they should be able to sort this out for you.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
Thanks for the quick reply.
Just spoke to the credit card company who say that there is nothing that they can do, because I have nothing in writing to say that they will refund the deposit.
That shouldnt matter. I would be interested in others opinion on this
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
I agree - it shouldnt matter. Inform the credit card company that the money has been taken off the card under false pretenses, and in breach of SOGA and contract law. Also remind them that as per the CCA, they have equal liability, and as such must perform a chargeback.
What do you mean, Saab went into receivership or whatever??? :S
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
Just tried the credit card company again - They have re-iterated that because there is no written contract that the dealer will refund my deposit, then they are unable to do anything, even though I explained the above.
Stupid CC Company. They are wrong, pure and simple - it is BECAUSE of the absence of a written contract that this should be refunded - as it is NOT stated or in writing that the deposit is non-refundable.
I would suggest a letter to both the dealership and the credit card company, addressed to the dealership. In it, state that a) there was no agreement for the deposit to be non-refundable. b) it was explicitly stated at a later date that a refund WOULD be possible. As such, they are in breach of contract, and failure to reimburse within 7 days will result in court action against the dealership AND the CC company as co-defendants. Also explicitly remind them that a verbal contract is just as binding as a written contract.
Wait confirmation on this one - not sure whether it might be better to pursue one or the other seperately instead of both as co-defendants.
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
I think that distance selling regulations might have applied for this, but it is more than 7 working days since I put down the deposit.
Would have been within the 7 working days if they hadn't told me that I could have a refund, then waited for a week or so to inform me that actually I couldn't have the refund.
Wonder if they did that deliberately?...
It all depends on the time limits. From the time you put down the deposit until the time you contacted them reference receivership is crucial. They told you on the phone to wait as it will all be sorted. If you knew at that time it was a no go, you would have cancelled then and there. By the same token as everything was verbal there is nothing stopping you saying that you cancelled verbally. It is up to them to prove that you did or did not say anything like that.
It was certainly less than 7 working days between deposit and contacting them. And I did cancel verbally.
Will get a letter off to the dealer tomorrow and see how it goes.
In the event they turn you down, send a registered letter to them requesting your deposit back because if they refuse and it ends up in court you will need to demonstrate that you tried everything prior to court.
Car deposit issues
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