Supposition. I’ll wait and see what is submitted in defence. To reiterate my points. I did not intend to defraud him or misrepresent the car. The dealership has immediate access to hpi checks. He was happy with the state of the car and filled in the form. He then, three weeks later, did not want to go ahead.

It was their own company form and they filled the form when they inspected the car (I wasn't asked to fill in any part of the form). It was signed by both parties

I can't afford to lose £500 so I will bring a claim against the dealer. There was a tick box on the form to clarify if the car was an insurance write off which he never ticked off - a material fact that he couldn't be bothered checking at the time. We are going around in circles here.

The BMW was still available after I left the deposit. When they did the check 10 minutes before I was due to pick it up they said they couldn’t accept a Cat D in part exchange and cancelled the deal and refused to refund the deposit. A few days later I made another offer on the BMW asking to use the £500 they had which they refused They continued to advertise it over 6 months eventually selling it for much less that the original asking price. The events after they cancelled the contract aren’t relevant.

They cancelled the contract. I bought the Car as a Cat D. I don’t really get the relevanc of your post. . As Bankfodder has pointed out the offer I made after the cancellation is not really relevant. When did I say I sold the Cat D for £500 less. I sold it for considerably more than the £4500 I was offered in p ex and told the private buyer it was a Car D. The dealer eventually sold the BMW for £10450 as mentioned in an earlier post.

HPI checks are not extortionate and the cost is absolutely minimal to a car dealer and they had three weeks to check. After taking the deposit they continued to advertise the car on the autotrader and in their showroom. After three weeks they told me that they couldn't take the car as trade in effectually cancelling the contract and I made a counter offer to them. I understand that private sellers don't have to disclose Cat D but must to IF asked. I was there when he inspected the car for a value I did not misrepresent the car.

Yes. I think I know what’s coming

Apologies I should have made it clearer. The car was rejected on the day I was going to pick up the BMW. They didn’t have possession of my car. The inspection wasn’t very thorough probably about 5 mins. I was with when he did it. The car was written off originally due to water damage but was fully repaired when I bought it and was in excellent condition, fully serviced and apart from a small bump on the rear wheel arch it was perfect inside and out. He looked at the outside and interior but not in the engine bay or boot. I forgot to add that when I made the counter offer after I had sold my car I asked them to offset the £500 original deposit against the car meaning that I would pay £10000 balance if the deal had gone ahead. This offer was rejected.

Looking for advice on getting a £500 refund for a deposit on a used car. On July 2018 I visited a second hand car dealer to purchase a used BMW that was for sale on its forecourt. I had a test drive we agreed to purchase the car for £11,000. The salesman filled in a part exchange form. I was trading in a CAT D car and at the time I didn't tell him that it was a CAT D. I understand that I was not under any obligation to do so. They inspected the car and they offered me £4500 for the trade in. There was a tick box on the form that asked if the car was in insurance write off. This wasn't ticked by the salesman amongst other things some of the boxes they should have filled in were not filled in. Additionally one of the terms was that deposits were not refundable. I signed the form. I told him that I would not be able to pick the car up for three weeks when I would take delivery and pay the balance. During the 3 weeks they continued to advertise the car for sale. One the day of picking the car up I called the garage and asked if it was ready to pick up. They told me yes. About 5 minutes later they called to say that they had done a check on my trade in and couldn't accept it as it was an insurance wrtite off and I would be better selling it privately. They had 3 weeks to do this and the unit price for them would have been at a lot lower price than I could get it for. I sold the car to a private buyer 2 days later. I called the garage to inform them that I had sold the car and also told them I was offering £10,500 on the car as there was no trade in. They did not accept the offer. I asked for my deposit back and was told they would not be giving it back. The car was advertised on the Autotrader for a further 6 months before it sold and the last price advertised was £10,450.