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Car Deposit Refund


chump1979
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Hi,

 

A week last saturday, after seeing an advert on a SEAT forum, i telephoned a franchised seat dealer in London about purchasing a new car. They actively do business via this forum online and are the sponsors of the website.

 

It was the end of the day and they were about to close. I paid a deposit of £1500 over the phone for a car and the car was ordered.

 

The following monday morning i found out that i was to be made unemployed. So with regret I phoned the dealer just as they opened and said that I wanted to cancel my order.

 

The dealer said that they were only prepared to refund me £1000 of the £1500 deposit.

 

The following day I wrote a letter to them to confirm the cancellation and asking for the remaining £500 back as i felt that there was no reason why i shouldn't get it back.

 

I phoned them today and they are still refusing to refund me. They said that if i take them to court i will lose and not to bother.

 

I'm sure that under the distance selling regulations you get some kind of cooling off period when making any purchase. The fact that no tangible goods were ever received and I cancelled within 48 hours of the original order there should be no issues?

 

Before I go to a solicitor I was wondering if anyone knew if I had a leg to stand on or if I'm wasting my time.

 

Thanks

Marc :)

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Thanks for the reply.

 

I sent this letter the following day after cancellation:

 

********************************************

 

 

Dear Sir,

On Saturday 27th June just before closing time – i telephoned and spoke to Irfan regarding purchasing a Seat Ibiza Ecomotive.

I paid a deposit over the phone for £1500. Unfortunately on Monday morning I found out that I was being made redundant. I immediately phoned **** and told him that I would be unable to proceed with the sale.

After a few hours he phoned me back to say that after consultation with the dealer manager – you would be refunding me £1000 of the original £1500 deposit.

I have checked my legal standing since this call and it would seem that as no contract was signed, no mention was made of a financial penalty should I decide to cancel the order and in order for you to comply with the distance selling regulations – I am entitled to a full refund.

I therefore request that you refund the remaining £500 to my debit card no later than 5 working days following the receipt of this letter.

If i do not hear from you or if you fail to refund me within this time frame I will have no other option but to commence a claim through the Smalls Claims Court.

 

****************************************************

 

 

I have not heard from them and as explained above i phoned them today and they are not budging. The thing that is stopping me from proceeding with MCOL is that he told me that other people have done this to him in the past and have lost.

 

Thanks

Marc

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Well of course he has told you that, what better way to put someone off issuing a summons.

 

Make the letter simple and enclose copies of the letters you have written to him. As you have already given 5 days, I would stick to that timeframe again.

 

It will only cost you £30 to issue so even if you did lose, you would only be another 30 down, small in comparison to getting 500.

 

As you paid over the phone you must have use a card, if it was a credit card you can ask the company to do a chargeback, if it was a 'Visa' debit card, you can do the same.

Edited by Conniff
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If it was something specific or special that may prove difficult to sell on they may be able to charge an admin fee, but I doubt they would have processed much in that short time frame. DSR do give you seven days to cancel without penalty; full refund.

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  • 5 weeks later...

just a quick update on this. i issued an MCOL claim and 2 days before I was due to issue a summons the dealer sent me a cheque for the full amount plus the court fee. so very happy with the outcome. thanks for the advice above. just goes to to prove that some companies will try anything (even scare tactics) to get around paying money back.

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just a quick update on this. i issued an MCOL claim and 2 days before I was due to issue a summons the dealer sent me a cheque for the full amount plus the court fee. so very happy with the outcome. thanks for the advice above. just goes to to prove that some companies will try anything (even scare tactics) to get around paying money back.

 

I add my congratulations as well. You are better prepared for any future problems now should they come along.

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Hi,

 

Please can someone help regarding a used car purchase. I stay in Edinburgh and drove through to Greenock Saturday past and put a deposit on a used 2003 VW Golf for £100.

 

Tonight I did a car check with the AA and found that the claimed mileage of 32000 by Arnold Clark was in fact 225000! (nothing was mentioned by dealer about mileage getting checked., in addition it has no service history!) The report also listed an outstanding finance agreement with Santander.

 

Consequently I sent an e-mail to cancel and enclosed a copy of the report by the AA to Arnold Clark tonight. In the morning, I will follow up with a phone call to cancel the agreement verbally as well and hopefully get a visa refund.

 

Do I have a good case to cancel the purchase and get a refund even although I signed agreement? What is the worst case scenario?

 

Many thanks in anticipation!!

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Hi,

 

Please can someone help regarding a used car purchase. I stay in Edinburgh and drove through to Greenock Saturday past and put a deposit on a used 2003 VW Golf for £100.

 

Tonight I did a car check with the AA and found that the claimed mileage of 32000 by Arnold Clark was in fact 225000! (nothing was mentioned by dealer about mileage getting checked., in addition it has no service history!) The report also listed an outstanding finance agreement with Santander.

 

Consequently I sent an e-mail to cancel and enclosed a copy of the report by the AA to Arnold Clark tonight. In the morning, I will follow up with a phone call to cancel the agreement verbally as well and hopefully get a visa refund.

 

Do I have a good case to cancel the purchase and get a refund even although I signed agreement? What is the worst case scenario?

 

Many thanks in anticipation!!

 

You have the best reason in the world to pull out of the deal and for a full refund.

 

Was the car mileage shown in any advertisement?

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Hi,

 

Many thanks for your reply. It stated it was 32000 miles on the online advert and also this is written on the agreement form which did not state either way if odometer reading is accurate or not(noticed that seller has also just put initials on agreement and has given me orginal to keep) I was going to also follow up telephone call with written letter. My understanding is that if I went ahead then finance company could come chasing after me (but maybe Arnold Clark bought it on their credit agreement), anyway is sounds a bit dubious and I just want to get out now, so keep your fingers crossed for me tomorrow.

 

Thanks for giving me some hope.

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No fingers crossed needed here mal. The finance company are jointly liable with Arnold Clark for any misrepresentation or misadvertising.

 

If you have made out a direct debit form, then contact your bank and cancel it.

 

If that advert is still on line, then take a screen shot of it.

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