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vom2002

dealer refusing to return deposit

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I am having some trouble with a dealer over returning a holding deposit I left on a vehicle. I left £124.25, which was £50 holding deposit and £74.25 towards 6 month tax. The dealer verbally agreed that the return of my deposit was subject to test drive as I couldn't test the vehicle when I first went there because some work was being done. I returned a few days later to test the vehicle and the power steering failed on the test drive and there were a few other things wrong with the vehicle. The dealer said he would have the power steering fixed and an mot done to iron out the other issues and we agreed that they would be in touch and agreed a possible collection date. I never heard from them and the agreed date passed, I couldn't raise the dealer by phone so emailed them rejecting the car and requesting the return of my deposit. I didn't hear from them for days and when I phoned they denied and agreements we had and stated all deposits left were non-refundable. Then they claimed the power steering was a quick fix and nothing was found wrong on the mot all of which I find strange. I said I was rejecting the vehicle as it was'nt ready when agreed and I had lost faith in the vehicle. They have stated that as I didn't buy the vehicle I can'nt have my money back as I have messed them about??? Can I take this to small claims to get my money back?

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Don't mess with them. Write by recorded delivery letter a demand that they return the deposit within 7 days. Head the letter 'Letter Before Action'. You can make it clear that no further correspondence will be entered into.

 

After the 7 days if you haven't received satisfaction, (the receipt of a cheque isn't satisfaction until it has cleared into your bank) you then issue a claim in the small claims using the on line service.

This will cost less than £40 which of course you will claim back as part of your claim against them.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

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great thanks, yes I have already sent them a pre-action letter and they replied still refusing to return my deposit, just wondered if there was a point of law I could state in my claim to get them to return my deposit?

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