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bdkelly72

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About bdkelly72

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  1. and yes if the deposit states non-refundable the deposit is refundable less as you said costs, but that is basic law. I didnt ask I may add for a refund just transfer, I was happy to buy a car off him. He was unreasonable (maybe. maybe not) in not trying to negotiate less any costs he incurred preparing the vehicle, which he didnt. Moved it 3 feet. To offer nothing and rely on a term that was not expressed in the terms and conditions is a bit unfair.
  2. counter claim against me for what ? for keeping my deposit. This is what the small claims are for, for people who believe they have a legitimate claim against a bigger opponent to test it in court. I have heard nothing clear unfortunately either way. It is all revolving around my request to use a term that is generally excluded from deposits so my I would argue not expressing the deposit is non-transferable implies that the deposit is transferable remember (just my opinion) as it is normal to include non-transferable ie "the man on the clapham bus" (sic) test. If they did not wish it to be non-transferable as some deposits state they should have said it. I will let you now what happens. Be curious what I will be counter sued for. Thanks for replies, and take care. Sorry for double post by the way
  3. I will allow them to make their assessment of loss the car is worth 1800 pounds, they added a new term to our agreement, i am dont disputing an obligation just the new term. Lots and lots and lots of dealerships transfer deposits. Google it. I will take my chances. New terms need to be agreed by both parties. This is common law. I know law alot, but basic construction law, just wondering is their a statutory one with regards to transferable deposits. If there is not its a new term, why do you see non-transferable on most other agreements then ? i am curious why they bother. If you are a solicitor please confirm, if offering opion thats great too.. but clarify as you may mislead like i might be other people. I am not a solicitor
  4. thanks for answer 1/ what loss of profit.. it has to be demonstrable.. loss of opportunity is a hard one to prove, very hard 2/ i did not sign a penalty clause 3/ he stated after the contract a new term , non-transferable. why will they lose money, you are a dealer ? what did they lose? i want to buy he wont let me ..... he dint say i could not transfer
  5. I hear some dealers talking and not any solicitors, As a contract law specialist i will take my chances in small claims and let you know. If i was to tell a subbie i negotiated with that there were new conditions he would ask for a change request. A new condition/term was added outside of our agreement this make it up to me to accept or not. I choose not to. You have the same right in any contract you go into when fundamental terms change. Good luck.
  6. They wont lose the money ... i didnt ask for a refund. Non-transferable is an express and should be expressed accordingly
  7. And he did not valet or any-such, and he car was unsold for 6 months he local like me. if he did that would be a cost and not a penalty, penalties not allowed under contract law. Again maybe deposits differ still waiting on a solicitor.
  8. Thanks for comment. Why would you think a deposit is non-transferable. Thats why I am wondering why the biggest and best have to express the term. Its obviously not or they would not waste their ink. just wondering what case law made them express it. It is there some where.
  9. Arguing with myself now.. is there a defined term for what is transferable.. i do not want to transfer the deposit to another person , just the understanding that the car company will allow the deposit to transfer on another car. As there are no implied terms for used car sale, maybe I assume changes outside of consumer law have to be expressed. The contract has no defined terms. Its a A4 piece of paper I need a solicitor to confirm if deposits are implied non-transferable and what the transfer permits to regards
  10. I have had alot of views and respect them all. If you cannot advise of certainty, its a grey area i admit, can you speculate ... i have some contract law experience 20 years drafting construction contracts. And in my terms added an express term late had to be agreed, or else it wasnt or would allow renegotiation. I always see most contracts ie plane tickets etc state expressly non-transferable. Is it implied deposits are therefore transferable unless expressly stated otherwise I woudl like opinion , but would love case law. Brian
  11. Sorry for repost but maybe more suited to the Solicitors then Motorists.. no offense buddies used car deposit question Hi I put a deposit on a car £500, non-returnable option to buy. My circumstances have changed and while I do not wish for it back require to be transfered to another cheaper car than i can afford. I am now being told that the deposit is Non-Transferable. Is this a new express term that voids the agreement or is this allowed. There was no mention of non-transferable on the receipt Anymore detail i will happily oblige, he told me today it was non-transferable. regards
  12. Hi I put a deposit on a car £500, non-returnable option to buy. My circumstances have changed and while I do not wish for it back require to be transfered to another cheaper car than i can afford. I am now being told that the deposit is Non-Transferable. Is this a new express term that voids the agreement or is this allowed. There was no mention of non-transferable on the receipt Anymore detail i will happily oblige, he told me today it was non-transferable. regards
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