But what about debtor-creditor-supplier?

Well, primarily the fact that the vehicle was ordered on the back of a finance offer that was then withdrawn by the finance company :o

Hi Prolix, have you read the entire thread? The stuff about credit, etc?

Actually, I've just noticed that they are claiming it has cost them £50 a day to stock the car! That is clearly bloody ridiculous. How will a judge view this? And how does it work. Do they either win the entire amount or nothing? At least I have solid proof of what I paid over to them in a deposit. They are yet to show any proof for any of their claim.

Right, an update on this one. Looks like it could get messy. Dealer has been last minute or late with documentation in the court process at every step. First he filed his defence and counterclaim 1 day late, unfortunately I hadn't been able to apply for judgement before I realised this - grrrrr. Secondly, he filed his allocation questionnaire late. They also made no attempt to communicate after an initial offer to settle at £2000 was rejected by me. I mentioned this in the AQ. Way before he needed to file either, he has sought a letter from the broker to say that the broker did not refer me to the dealer, but that I had found the dealer first. This is not strictly true. I was aware of the dealer prior to approaching the broker, but it turns out that the broker would've used the same dealer I had found to supply the vehicle anyway! Not sure if this has any grounds in my case anyway. Anyway, the main update... the dealer is claiming he has now sold the vehicle on (no proof sent with allocation questionnaire). He is also claiming that he has made a loss that amounts to more than my deposit!! He is charging storage fees, etc, etc. Basically, the dealer is now saying I owe him £5000 (of which I have already paid £3000 in the form of a deposit). If he wins I am likely to need another £2000. Where do I stand with this now? I am waiting for the case to be allocated at the moment, but want to be prepared. What is stopping the dealer selling the car to a friend at a huge loss and then claiming the difference from me? All because the finance company refused to give me finance after offering it me!

Nope, it was brand new factory order. I haven't made any attempt to go and see the vehicle as there's no point. There is no way I can buy it without finance! What I could do is, as the response date on the court forms nears, go up to the dealership and request inspection. That would at least bring out if they've sold it... not sure if that would be a good thing or not to be honest. What I really need to know is what my legal situation is with regard to the deposit and the counter claim. I think the counter claim has zero chance of succeeding, but can I get the (excessive) deposit back?

The only grey area is that the contract does state that I agree to pay the balance. But then again, it also states that the balance is £0 (with remainder due from finance). I wonder if the finance falling through makes the contract unenforceable (including my deposit) because of this. Is that possible? And anyway, why would they do that because they have had to pay court fees to file the counter claim! Surely it makes things worse for them :o In the defence (which is littered with spelling mistakes) they also lay down some sob story about possibly not selling the car at all in the current climate and that they've never ordered one of such a high spec. It made me cringe!

I have neither seen nor signed anything at all with the finance company, although it is clear on the order form that the balance was due from the finance company. The dealer has also admitted in writing separately that this was not a cash sale. I do not recall if the dealer or the finance co. mentioned anything about offers expiring (until informed by the finance co. directly that this is the case after expiry), there is certainly nothing written to that effect anywhere. Verbal quote from dealer, "They are messing around". At which point they attempted to get a quote through their own dealer finance, although never followed this through. I have already issued court papers as the dealer is unwilling to negotiate. They have issued a counter claim for the balance of the amount due on the vehicle despite the order form stating very clearly that the balance due from the customer is £0. I am prepared to go to court, but the situation seems a little daft as the total amount of the counter claim takes it above small claims and into multi-track, which I think means I need formal legal representation (correct me if I'm wrong). So this could end up costing me or them a bomb. The counter claim also accuses me of changing my mind. Something I clearly did not do as I submitted the second finance app to the finance company when requested. I did ask the finance company what would happen to my deposit if I did change my mind (how this got back to the dealer I don't know), but it was clearly a question (I can prove it, I have the emails still) and NOT a statement, it was a just a reflection of my thoughts due to the situation at the time. The dealer isn't that local, they are about 20 or so miles away from me.

This is the history... - Used an online credit broker to find a good deal on a new car - Agreed with broker to go ahead with finance - Ordered car from dealer (referred to me by credit broker) and placed £500 deposit (debit card) over phone in July - Had finance agreed (a Personal Contract Purchase/Balloon arrangement) by finance company - Dealer asked for remainder of deposit £2500 (which I paid over the phone by debit card). Later same day I visited dealer in person and signed order form which states deposit is non refundable. States customer balance is £0 with signficant amount due from finance company - Informed by dealer car would arrive mid-late October (order form says Oct/Nov) - Car arrived at dealer late mid-late November - Dealer contacts finance company who then says the agreement has lapsed and they need to re-approve - Finance company did not approve finance second time around Without the finance I am unable to purchase the vehicle. Basically, I have placed a significant deposit and now have no way to purchase the car. Dealer is obviously saying I can't have my deposit back. I have since learned that it is unusual for a dealer to ask for more than the initial £500 deposit. I was fine with this at the time because I felt I had a good relationship with them and, if I could fund it, I would still purchase the car. My question is, is this a cancelable prospective debtor-creditor-supplier agreement regulated by CCA? Can I get my deposit back in any way? The only thing I have signed is the purchase contract/order form for the car, haven't signed anything with regard to credit although it is clear from the contract that this was to be the vehicle by which the balance would be funded. Help much appreciated.