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

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 Claims 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.

Was he called Arnold Clark????

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 Claims 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 interest as well.

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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 action' 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 Ebay 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.

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.