Is this a April fools wind up?? Car dealership and my deposit.

[Deepthroat]

If you buy in or take a car in part exchange and then put it through an MoT and do a service on it before you put it in the showroom and it doesn't sell for 9, 10, 11 months or even longer, all that work will have to be done again, that is why it is left until after purchase.

 

Exactly and there is also the matter or right downs. One of the peugeot dealers I worked for also had a time limit of how long a car would be on the forecourt. After 90 days it would be exhanged with another dealer within the group to rotate the stock.

 

Obviously the transportation of these vehicles is another cost...

[tbern123]

Oh Pleesae tbern in both your last posts your stretching credulity to it's limit

 

Sorry JonCris forgot you know everything about everything....

[tbern123]

Oh Pleesae tbern in both your last posts your stretching credulity to it's limit

 

Also Caveat emptor does not apply in the case of a dealer selling to a private buyer but Caveat venditor could

 

Now this in an interesting read

 

http://www.whatcar.com/news-special-report.aspx?NA=217545&EL=3143810

 

By refusing to complete the sale you have agreed, you are technically in breach of contract and so forfeit your deposit.

[tbern123]

Sorry OP for taking over your thread, I was just trying to offer some advice from someone that used to work in the trade and has seen similar situations, instead of emotional responses that are based on observation rather then real life situations

 

I feel given the circumstance, you could try and reach a compromise with the dealer i.e a partial refund or a larger discount on another car. My old Sales Manager always used to resolve problems by offering stupid discounts on other cars.

 

Despite some of the posts on this thread, I think it is a good sign that this dealer performed the work before you took delivery. It would appear they had your best interests. they could have easily kept quiet, let you take the car and a few months down the line the brakes could have failed.

 

I think in this particular situation the dealer is dammed if they do and dammed if they don't.

[tbern123]

This dealership did not refund deposits. On each occassion if legal action was commenced by the customer they would automatically make a counter claim. Unless the company lied to their staff they successfully defended all claims against them.

 

That is what I have previously said, but what do I know. I only worked in the industry

[Chesterexpress]

Connif, deepthroat & tbern, thank you for your input and wise words. It has been hard work trying to get JC to understand how things work in the real world. I for one would have no hesitation in dealing with the company in question, as they appear to have acted with integrity in making sure the vehicle was without fault before the OP drove it away and not all dealers would have done so.

[tbern123]

I do feel given the circumstances the dealer was not right to release the car. If you later had an accident you may have held them legally responsible. I also feel that the dealer has a good argument to retain the deposit. Admitedly they could have handled the situation better.

 

As previously posted, a number of dealers would have saved themselves money (sales departments have to pay service departments like any normal customer) and let the car go, thus not reducing the profit from the sale.

 

Just out of interest how was the deposit paid ? Debit or Credit Card ?

 

If you paid by Credit Card, you could request your Credit Card company to refund your deposit.

 

I am surprised that JonCris did not either ask this qestion or suggest this as a / former Solicitor I am sure he is fully aware of Section 75 of the CCA.

 

To recommend the commencement of litigation which could take in excess of 12 months and risk a possible counter claim, when it may not be required is poor advice.

[tbern123]

Oh Pleesae tbern in both your last posts your stretching credulity to it's limit

 

Also Caveat emptor does not apply in the case of a dealer selling to a private buyer but Caveat venditor could

 

In relation to Caveat emptor I was refering to the literal translation "buyer beware" in relation to the payment of deposits rather then it's actual legal meaning. I do apologise for any misunderstanding JobCris

[Conniff]

Help needed

 

I was informed the car would be available for collection ......

....a 75 journey for the collection of the vehicle. Whilst making my way to collect the vehicle

I phoned on the Wednesday to see if the vehicle was ready for collection.....

 

 

Your splitting hairs Connif

 

Of course he was on his way to pick it up but that 'pick up' would have been on the assumption that is was as described & a satisfactory test drive by the OP

 

Sorry JC - I don't think you read it correctly.

 

I don't see anywhere the op saying he was going for a test drive or even wanted one.

[JonCris]

Now this in an interesting read

 

http://www.whatcar.com/news-special-report.aspx?NA=217545&EL=3143810

 

By refusing to complete the sale you have agreed, you are technically in breach of contract and so forfeit your deposit.

 

Yes but that assumes there has been no breach by the seller & also refers to showroom sales where the buyer has had an opportunity to inspect the goods it does not include what amounts to distance selling

 

Every potential buyer must be given an opportunity to inspect the goods before agreeing to purchase. Even if it didn't the dealer must tell the customer that any deposit is non refundable. They can't just take someone's money without warning them they may not have it returned to them.

 

I do know about sec75 but the card company will only agree to invoke that if you have made every attempt to recover the money yourself

 

The dealers you refer to do retain deposits, as they are lawfully entitled to do but again I point out that applies to showroom purchases and where the customer has signed an acceptance note at the time of sale or in the case of an internet order agreed to their T's & C's which must specify that deposits are non refundable

 

Anyway I repeat to all you past & present 'car dealers' let's see how the OP gets on

[Conniff]

Anyway I repeat to all you past & present 'car dealers' let's see how the OP gets on

 

Yes indeed JC and I wish him luck.