Hi, i ordered a new BMW back in March over the phone and paid a £500 deposit by debit card. It was due early july, however as a new facelift model was announced so i changed the order/spec a few times but nothing unusual and the spec was standard stuff so delivery was set to September.

Unfortunately, I decided to cancel the order due to a paycut. I checked the car build online monday 24th jul and the build still hadnt started (scheduled 11000 in BMW talk) So Tuesday i called the dealer cancel the order he said "ok fine email me". I emailed requesting deposit back - no response

I have now sent a 2nd email - "can you confirm re deposit please? The car was still at "1100 - scheduled" monday evening so dont feel you/BMW have suffered significant cost or detriment to not refund the deposit. I can also suppy a company letter if needs be showing my out of hours payed work was to be withdrawn" again no response....

What next please? I have included the contract as a pdf

many thanks paul

PDF.pdf

I have no doubt in my mind that you can get your money back – either all of it or a very significant portion of it.

If the car which you have ordered is not essentially a made-to-measure/built to order car then you really should get all of the money back.

The dealers are not helping themselves by not responding to you. This shows bad faith and this will help you.

Of course you don't help yourself by not recording calls. Although you have a very low post count, you've been visiting this form since 2006 and so you should know that all core should be recorded – especially in these kinds of circumstances. Read our customer services guide and implement the advice there immediately.

Then have further phone calls with the dealer and try to find out what is going on. Come back here when you get a bit more information. By the way, have you actually cancelled the contract in writing? Or are you merely relying on a telephone call?

Hi its a standard one series bmw so nothing "made-to-measure".

Re call - i have only one call - the dealer asked me to cancel via email - i did that immediately Tuesday. I then emailed again asking for a response. None still

Thank you. As I have suggested, implement simple recording device and then phone again and try to discuss it and see what you can find out on the record. You don't need to give warnings.

Afterwards, I suggest you send a recorded delivery letter saying that you want your money back and that you don't accept the position that they are entitled to keep your deposit.

At this point you could have to decide if you're prepared to go to the Small Claims Court and sue them. It should be fairly straightforward and your chances of success are very high. Also, it is highly likely that once they receive the court papers that they would put their hands up and pay your money plus your feeds.

However this is a decision that you need to take maybe you need to spend a couple of days reading around on this forum as to how to begin a small claim in the County Court.