Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)
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  1. #1
    Basic Account Holder markj_87 Novitiate

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    Default Private sale deposit not returned

    Hi all,

    I passed my driving test last month and have been looking for a car to buy, mainly due to pressure from work who want me to be able to get around. I saw a very cheap Honda Civic advertised on Autotrader and went to view it. I was suspicious about the price, and there were a few scratches and minor dents so I assumed this was the reason. The owner didn't mention anything further.

    We had the intention of giving over a deposit and obtaining a written receipt at the same time stating we would get a HPI check and if it passed ok, buy the car. However, with it being the first car I've bought and having so much to worry about, we paid a 100 deposit without any record and agreed to buy the car the following week after being assured the car is in good condition to the best of the owner's knowledge and will run fine.

    The HPI check showed it has been written off (category C) last year and repaired. After finding this out I decided I wouldn't want to risk buying the car and, with him seeming like a reasonable man, assuming he would probably have no problem refunding us as it is a fairly large issue with the car of which he said nothing.

    We rang him up and he said he had made us aware (he hadn't) of the situation, and that he won't be refunding us anything. Nothing was signed (either about the deposit or agreement to buy the car) so I'm wondering where I stand.

    Do I need to forget about the 100 or is there anything I can do?

    Thanks very much


  2. #2
    R&J R&J is offline
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    Default Re: Private sale deposit not returned

    In private sales the seller is under no obligation to tell you anything.

    If, on the other hand, you asked him a question and he gave you a duff answer you could have a claim against him.

    Problem is, it will cost you over 100 to take this through the small claimsicon Court. Given that costs are very rarely awarded you would be spending more taking it to court then you get back off the other side.

    Put it down to a bad experience and move on.


  3. #3
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    Default Re: Private sale deposit not returned

    Was he called Arnold Clark????


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    Default Re: Private sale deposit not returned

    Quote Originally Posted by R&J View Post
    In private sales the seller is under no obligation to tell you anything.

    If, on the other hand, you asked him a question and he gave you a duff answer you could have a claim against him.

    Problem is, it will cost you over 100 to take this through the small claimsicon Court. Given that costs are very rarely awarded you would be spending more taking it to court then you get back off the other side.

    Put it down to a bad experience and move on.
    Don't know which courts you have been using! Cost via MoneyClaim is about 35 (which you get back from the other side if you win) and you can claim interesticon as well.

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    The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

    I would always urge to seek professional advice for clarification prior to taking any action.

    Please click my scales at the bottom of my profile window on the left if you found my advice usefull.



  5. #5
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    Default Re: Private sale deposit not returned

    Exactly as Sam says. If you have his name and address and a hard copy of the HPI check, send him a recorded delivery letter asking for your 100 back. If he don't respond or says 'no', then you send him another headed 'letter before actionicon' again asking for the return of your deposit. If still no response, then you go here - https://www.moneyclaim.gov.uk/web/mcol/welcome - and issue a claim.

    Have a good look on Autotrader and on ebayicon and see if he is selling any more cars which would class him as a trader and then you can inform the tax office as well.

    There are too many of these shysters ripping people off.


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    Default Re: Private sale deposit not returned

    He doesn't have to. You did not give him the deposit to secure the car 'for fun', it was provided to ensure nobody else took the vehicle until you were ready. Providing the seller did not provide you with a misleading statement, the fact YOU chose not to complete the deal because of what you found, allows you NOt to complete the sale, but to get your money back...? That's at the discretion of the person you paid it to. If he chooses not to, then it remains your loss.

    You could take court action but this would only work if the seller misrepresented the vehicle to you. As a private seller, the less he tells you, the greater onus on your to ensure the vehicle is what you want before you secure it with a deposit.

    As Conniff notes, if he's really a trader, then there are things you can do to make his life much more difficult, but none of this guarantees the refund of your deposit. This is no different to your paying a deposit and changing your mind (which you have done). When paid over, a deposit is simply an initial payment, if you do not complete, then would might get away with not paying over the rest, but getting the initial money back? This would have to be fought for, with no guarantee of success.



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