New car deposit refund

[Beemer325]

Hi All,

New to the forum so forgive me if I have posted to wrong place but I am sure someone will point me in the right direction if I have.

 

Anyway now to my request for info.

 

To cut a long story short I have paid the full amount for a new car and was due to collect today 1/3/08. Unfortunately I had to back out of the agreement on Thursday 28/2/08 due to achange in family circumstances.

I spoke to the sales person on Thursday along with one of her Managers who understood my situation and told me it wouldn't be problem if I had to cancel and he advised me to take a little time to consider my options. Anyway yesterday I advised them that I was unable to proceed. Today I received a call from the sales person to say that the vehicle had been put back on sale and that they would refund my money apart from £500 that she said was company policy.

I told her she was unable to do that as I had not signed any paperwork and that a non-refundable deposit had been mentioned at either the time of sale or when discussing my predicament.

 

Any thoughts on how I stand considering I have not signed any papetwork

agreeing to those specific terms:mad:

 

By the way I will sort out an avatar when I negotiated my way around:-?

[livelylad]

Have you paid them any cash? Although I cant see how you have if you have not signed anything.

 

If nothing is signed then they can not demand any monies from you,

[Beemer325]

Yes, unfortunately the deal was they wanted full payment in before end of January to hold it, but I did not want the car until 1/3.

I know it sounds a bit strange but it was for a TT and there is still a 3 to 4 month waiting list.

[livelylad]

You need to check the terms and conditions of the contract you signed. See what is states. I assume you do not have recordings of the phone calls?

[Beemer325]

Hi LivelyLad, Thanks for the quick replies. That's what i am saying I have not signed any agreement all I have is a receipt off them to say I have paid them the money.

[livelylad]

So you have given them cash without any kind of contract?

[Beemer325]

I know it sounds silly but yes I have. The thing I do have is an email stating the spec of the vehicle.

[JonCris]

I assume you got a receipt but if you signed nothing, which is unusual, then you are entitled to full refund.

 

If you had signed a dealers delivery invoice with it's normally standard T's & C's then you would have been obliged to take delivery of the car if the dealer insisted unless of course it was defective & 'not fit for purpose'

 

I'm assuming there are many thousands of pounds involved. So if you did sign a delivery invoice or note then I would advise that you take the money offered & run

[Beemer325]

Hi Joncris. Thanks for the reply.

I have a receipt for the money paid to them. One thing they didn't do was get me to sign a new vehicle order form or anything else for that matter.

 

Do you know of anywhere I can find something in writing that outlines the fact that because I have signed nothing that I am entitled to a full refund.

 

Regards

[JonCris]

Beemer it's common law & more fool them for not having you sign a delivery order - bet they don't do it again

 

Even though you paid that in itself does not mean you entered into a legally binding contract.

 

Furthermore unless you where told cancellation could result in a financial penalty then they cannot deduct any money - You are entitled to a full refund.

 

On the other hand they could sue you for any losses incurred by your cancellation but as the TT is a popular car which they will have no problem selling then I think it hardly likely that they would be able to establish such a loss

[Beemer325]

Thanks for that JonCris.

I am sure they won't do it again. As stated previously nothing about a non-refundable deposit was mentioned at any time during the process of buying or cancelling.

Do you have any idea where I can find any such information regarding the common law aspect. This I think woulkd just stop me getting into a slanging match with them..

 

regards

[JonCris]

No matter what you do I suspect your going to get into a slagging match.

 

Just prepare a letter along the lines of & send special delivery

 

Dear Sir

 

I refer to the refund of my recent deposit in the sum of £*****

 

'I was not advised, at any time, that cancellation would result in a financial penalty therefore I require you to refund my payment in full and without deduction within 10 working days from the above date'

 

Payment may either be by cheque made payable to myself or direct transfer into my bank account

 

I await you early advices

 

If that gets no suitable response get back on line & we'll guide you as to the next step

[Beemer325]

Thanks for that JonCris.

I am waiting for a call from the sales person who was going to speak to the sales manager. If I do not get it resolved through him I will do as you suggest.

I will let you know how I get on.

 

Many Thanks

[Beemer325]

Just to update you. I put in writing that due to them not having a signed vehicle order then under common law they were not entitled to keep any part of the money I had paid and that I had right to a full refund.

Today I received a cheque for the full amount.

 

Thanks for the advice

[JonCris]

Great news Beemer - another CAG case closed