Thread: Deposit refund through small claims court.

I would be very interested in any positive or negative experiences individuals have had in claiming back a deposit on a new or used car through the small claims court or using the governments money claim online procedure.

Here are the facts:

1.Paid deposit of £500 and signed order form for main dealer for used car.
2. Following day, cancelled order.
3. Main dealer will not refund deposit.

I shall send 2/3 letters requesting return of deposit, assuming he declines, I was hoping to hear of experiences people have had pursuing suc a claim through the small claims court.

Hi there, I am going through a similar experience trying to claim back a deposit I paid for a dog. We told the breeder 1 1/2 days after we had paid our deposit that we didn't want the dog as we weren't happy she was being honest with us about the dogs age and its Kennel Club registration. I wrote to the breeder 3 time setting out my issues and requesting the refund. I stated that I didn't feel it was reasonable to keep such big deposit when we had told her after such a short space of time that we didn't want the dog. She didn't respond to any of my letters so I completed the online small claims court forms (it costs £25 to lodge the claim if you do it online). She sent through her defence statement once the claim was lodged and said she was contesting my whole claim. The court then made contact to say that a hearing date had been set for 1st May, but advised us to try and go through their free mediation service to avoid a hearing. The breeder didn't respond to calls and letters from the mediation service so we are left with no option but to go to court this coming friday. I will let you kinow what happens!

Once a deposit is paid - that initiated a binding agreement between both parties. This is the third thread where people have paid a deposit and fully expected to get their money back simply by asking - and I find this incredible.

There is no 'time limitation' what you have 2, 24, or 48 hours to cancel your agreement to get your money back. Why, if you were unhappy with the KC registration and stated age of the animal, you did not state you'd pay a deposit once these seemingly important details had been confirmed?

The dog is still the same one you saw, and I'm sure it's looking gor a loving household to go to, but NOT after I've made my commitment and want out after details that have somehow arose subsequent to the payment of the deposit.

Since you never raised these concerns before paying the deposit - even if your worries are proved correct - it won't help you win your case, unless you already asked those questions before paying the deposit and was lied to.

It's really the dog I'm feeling most sorry for....

Originally Posted by vir12345

Here are the facts:

1.Paid deposit of £500 and signed order form for main dealer for used car.
2. Following day, cancelled order.
3. Main dealer will not refund deposit.

I shall send 2/3 letters requesting return of deposit, assuming he declines, I was hoping to hear of experiences people have had pursuing suc a claim through the small claims court.

Deposits are, in the main, non-refundable. However, the deposit is to cover the sellers should the purchaser pull out. The amount is to cover any expenses outlaid or the costs involved in finding another buyer. As you pulled out the next day, it would be unlikely that the seller has incurred many expenses, if at all and the chances of finding another buyer would be high.

If you paid by credit card I would complain to them as well as the seller. In each case write to the recorded delivery and say that under the provisions of the Unfair Terms in Consumer Contracts Regulations you are requesting a partial refund of your deposit because, although they are entitled to keep some of it, they cannot in all cases be entitled to all of it. This would be an unfair term. Tell them that by keeping all of it it amounts to punitive damages and that you are prepared to go to court to reclaim your portion. Tell them that they can keep £50 to cover the costs of the salesman's time, but you expect a cheque for the rest within 14 days. Otherwise you will have no choice but to raise an action in the small claims court.

That should get them thinking!