Jump to content


Dealer refusing to cancel/refund deposit


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2572 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

Newbie here with a problem.

 

I went into a BMW dealership for a service and got talking about the new 4 Series coupe with the sales guy. I agreed to come back and see him the next day (Saturday the 23rd Nov). I went with my GF and we talked and worked out a deal which was similar to what I want minus heated seats, XDrive and the PRO Sat Nav.

 

He then said he would give me this great deal if I could shake on him ordering the car on Monday. I shook his hand and got up to leave, he said he just needs a quick deposit and we would get all the rest of the details for finance etc on Monday. My missus paid it on her credit card (£1k) and he gave me a document to sign which said new car contract (At this point you can all start pelting me with rotten tomatoes because I pretty much signed it without questioning anything)

 

I then went to visit my brother and showed him the deal after which he advised me to visit his local dealer for a comparison. The local dealer told me the heated seats were standard and he could do me the XDrive and Pro Sat Nav for the same price and APR as the one I had got.

 

I immediately called the first dealer (Sunday the 24th November) to cancel. He told me I can't cancel and I am bound by the agreement. His boss then came on and said the car has not been ordered but I must buy from them as I am tied in. I continued to insist that I did not want the car after which he said I have no option to cancel and I am now tied into a contract which allows them to place the order for the car from BMW which will be delivered in February.

 

I then escalated it to the manager who said I am tied into the contract and will not be getting my deposit back despite numerous back and forth conversations. They then changed tact and said I should come in and we can work something out. I do not want to go in (and have been advised not to) because the current email correspondence protects me as everything is documented.

 

What are my options re: Section 57 of CCA?

Can they hold my deposit for costs (they have incurred none as it was 24 hrs....if that)?

Finally, the deposit was paid by my GF on her credit card, can she reclaim that payment especially as the service was not for her or in her name an thus has not been provided in full.

 

Answers please and do not hesitate to be harsh because I had a brain fart of a weekend and this needs to be a lesson for me.

 

Thanks in advance.

Link to post
Share on other sites

YOu arent bound at all. You have the full right to cancel, normally within the first 7 days.

 

The dealer is telling you that you cant because they would lose out on a LOT of money.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
YOu arent bound at all. You have the full right to cancel, normally within the first 7 days.

 

The dealer is telling you that you cant because they would lose out on a LOT of money.

 

Got this from their website.

 

Except as provided by law, or under clauses 2©, 7(a)(iii) or 23 of these terms and conditions, no order which has been accepted by Sytner may be cancelled by the Customer except with the agreement in writing of Sytner and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify Sytner in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Sytner as a result of cancellation.
Link to post
Share on other sites
I would imagine that your GF would get her money back through her credit card provider (chargeback). The garage has no documentation that ties her to any deal with them. Act quickly though.

 

Thanks I will get that done asap

Link to post
Share on other sites

Yep, GF can have her money back but they theoretically can chase you for any loss made so far. The rest of their terms dont sit well with what can be claimed as DAMAGES as loss of profit isnt a loss as they havent had to get the car yet.

Link to post
Share on other sites
Yep, GF can have her money back but they theoretically can chase you for any loss made so far. The rest of their terms dont sit well with what can be claimed as DAMAGES as loss of profit isnt a loss as they havent had to get the car yet.

 

I will keep this updated.

 

GF will be claiming back the cash through CC company and I will continue my correspondence with them to see where it goes. My old banger suddenly looks more appealing to me after all this :(

Link to post
Share on other sites
  • 3 weeks later...

Latest update:

 

Sytner are still refusing to part with my deposit.

 

GFs CC company (the one with the singing & dancing bank staff) are saying that for Section 75 we need to email them Sytners terms an conditions and a full breakdown of what happened and what the dispute is about.

 

Is there any chance that they will uphold Sytners claim of no refunds for costs incurred?

 

Thanks in advance.

Edited by Icondacarver
Uphold not upload
Link to post
Share on other sites

The bank just doesnt want to be sued by Sytners so it is in their interests to know what they are letting themselves in for but I'm not sure they have right on their side. Banks normally send out a little form with various boxes to fill in regarding what it is about so I would be asking for someone more senior to be taking control of the matter.

Link to post
Share on other sites
The bank just doesnt want to be sued by Sytners so it is in their interests to know what they are letting themselves in for but I'm not sure they have right on their side. Banks normally send out a little form with various boxes to fill in regarding what it is about so I would be asking for someone more senior to be taking control of the matter.

 

I have sent them the detail, if this fails to get a positive response I will push for someone more senior to handle the case.

 

Will see what their reply is from today's correspondence.

Link to post
Share on other sites
  • 2 weeks later...

Latest Update:

 

Sytner have not responded to me since their last demand that I come in and speak to them (still with the intention of making me buy a car)

 

Bank have put the deposit back on my missus card and have given Sytners bank 45 days to respond to the Section 75 chargeback.

Link to post
Share on other sites
  • 1 month later...

Latest Update:

 

Sytner responded to my GFs CC provider. They sent over copies of all documentation which as stated had nothing relating to her, no mention of her or her name.

 

They also attached a copy of the CC receipt to the paperwork which was all in my name. My GF spoke to the CC company and stated she wants them to carry on the dispute as none of the documentation relates to her.

 

They are apparently going to now go back to Sytner and press home the charge back

 

Is there any default template of wording that I need to send or should I leave this to CC company to handle?

Link to post
Share on other sites

Let the CC company handle it for now unless they need more info. I would also consider informing trading standards, if only to cover your backs.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
  • 2 weeks later...
  • 1 month later...
So are you saying you have actually issued a court claim ?

 

Yes I have, using the online system, cost £60 and they have 14 days to respond.

 

Not sure if my missus should make a claim against her bank?

Link to post
Share on other sites

Wouldn't it have been easier to just work out a deal with the dealer for the heated seats / sat nav etc? I'm sure they would have thrown them in if you had gone to the dealer and asked :p

Link to post
Share on other sites
Wouldn't it have been easier to just work out a deal with the dealer for the heated seats / sat nav etc? I'm sure they would have thrown them in if you had gone to the dealer and asked :p

 

The deal on offer was even worse than I thought in hindsight but that is a moot point I guess

 

They did tell me to come and discuss a deal, but I had no recourse to cancel which means that if I did not like the deal, then I would still be forfeiting my money. I would have happily started the negotiation from scratch (without my £1000 on the line) and worked a new deal but the fact they were holding me to ransom was not ethical and also meant I could never barter for the best deal possible. At no point did they offer those things I wanted and were more focussed on "Take it or lose your £1000"

 

The entire process was not very upfront and now they want £1000 for talking to me for 20mins and not even starting the paperwork not to talk less of placing the order. :|

Link to post
Share on other sites

They weren't holding you to ransom - you signed an order form and left a deposit, no one put a gun to your head.

 

 

It's not Synter's fault that you could have got a better deal elsewhere, and the idea of a deposit is that you are committing to the deal, otherwise why bother taking one

?

 

 

Best of luck with it all, but I think you need a very kind judge....

Link to post
Share on other sites
They weren't holding you to ransom - you signed an order form and left a deposit, no one put a gun to your head.

 

 

It's not Synter's fault that you could have got a better deal elsewhere, and the idea of a deposit is that you are committing to the deal, otherwise why bother taking one

?

 

 

Best of luck with it all, but I think you need a very kind judge....

 

Did not sign a finance deal, did not even provide ID, his words were "to hold the deal" at no point was I ordering the car as we were still arguing over spec.

 

Then when I said I did not bring my cards with me he asked for my missus to put down the payment as it "holds the deal"

 

I was very very silly not to question what was going on but the practice is borderline shady at best and the fact that no car has been ordered but they are holding £1000 for what?? Damages, costs??

 

If I am in a binding agreement then they should be placing an order with BMW. They have said I am still committed and nothing is cancelled, no letter to say deal cancelled but £1000 retained...just silence.

 

I would understand if the car was ordered or had arrived but this is simply a case that at the very least will get Sytner to look at selling practices so I don't mind following it up.

 

I am already in for £1000, I can risk a bit more cash to see if what they did was right.

Link to post
Share on other sites
They weren't holding you to ransom - you signed an order form and left a deposit, no one put a gun to your head.

 

 

It's not Synter's fault that you could have got a better deal elsewhere, and the idea of a deposit is that you are committing to the deal, otherwise why bother taking one

?

 

 

Best of luck with it all, but I think you need a very kind judge....

 

You do raise a good point of no gun to my head and I keep kicking myself. I was in such a rush to leave as we were late, I signed it at the door of the dealer not even sat down :(

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...