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dealer refuses to return deposit


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hi

 

on the 22nd of December I paid a 500gpb deposit on a 2008 focus titanium tdci fo sale by rix motors in warrington,

who agreed to hold the car for me until mid January as I live in Ireland,

at no time was I told the deposit was non refundable,

 

I rang this morning to cancel as circumstances have changed,

 

now I could be wrong but as it was an overseas transaction and rix did not give me a receipt the cooling off period is longer,

while I do not have a problem with them keeping reasonable expences ,

keeping the lot is a bit much,

 

also the car is now on their website at 4990pounds,

it has gone up 490 .

 

thank you ,

 

where do I stand,

 

and what can I do if anything

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well in fairness to the dealer he agreed to take the car off sale for a month, during which time he can't use the money from the sale to buy another car as you still had most of it in your pocket.

 

 

I think you should be prepared to lose at least half of it TBQH. Try that, see how it goes.

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well in fairness to the dealer he agreed to take the car off sale for a month, during which time he can't use the money from the sale to buy another car as you still had most of it in your pocket.

 

 

I think you should be prepared to lose at least half of it TBQH. Try that, see how it goes.

I did say to the dealer that I would be prepared to lose half of the deposit but they refused to do that , the car was off the market for 10 days which includes the xmas period,and to be fair the car had 129k miles, 3 former keepers. so I do not think it was going to fly off of the forecourt,
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well in fairness to the dealer he agreed to take the car off sale for a month, during which time he can't use the money from the sale to buy another car as you still had most of it in your pocket.

 

 

I think you should be prepared to lose at least half of it TBQH. Try that, see how it goes.

 

Sorry, that is wrong. He has lost nothing unless he can prove that another punter came in off the street with a bundle of notes and wanted the car there and then but was refused as it was held on deposit for another customer. Unless that customer said "this is a once only offer and I won't be back", then no money has been lost.

 

If you want to keep a deposit, it must be made very clear to the deposit payer before he hands it over.

Edited by Conniff
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Sorry, that is wrong. He has lost nothing unless he can prove that another punter came in off the street with a bundle of notes and wanted the car there and then but was refused as it was held on deposit for another customer. Unless that customer said "this is a once only offer and I won't be back", then no money has been lost.

 

If you want to keep a deposit, it must be made very clear to the deposit payer before he hands it over.

 

 

Sorry Conniff, I think you're wrong. By paying a deposit he's agreeing to buy the car unless it was expressly said that it was returnable if he changed his mind. I don't think it's that a deposit is automatically returnable as you say: but I could be wrong.

 

 

What would the OP be saying if the dealer had sold it to someone else anyway and just given him his money back (and he hadn't changed his mind?) He'd be on here saying 'breach of contract' = and he'd be right!

 

 

However £500 is far too much for the dealer to keep. £250 maximum is on the outer edge of fairness, £150 would be even better.

 

 

Personally I'd give the dealer one last chance by a (without prejudice) letter to settle for some sort of figure and then sue for the £500 if he won't have it.

Edited by Conniff
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Actually, having thought about it, the DSR's may well be in the OP's favour as he has had no face to face contact with the dealer.

 

 

So - try for the lot!... if no joy, a small compromise.

 

 

Good luck!

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You lay a deposit for the company to hold that product, your not saying 'I will have it'. He is only entitled to keep it if he has actually lost money by holding it. He can't say the whole lot, he will have to mitigate his losses.

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distance selling regulations... been no face to face contact so possibly an angle there for a refund.

 

 

£500 is FAR too much to keep, £150 would be more than fair to pay for the dealer to readvertise, revalet, etc. Dealer just being greedy.

 

 

But it's fair to keep something, otherwise what's the point of a deposit?

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tried to do a chargeback but cannot as the money was given over by me willingly, no fraud involved as far as my bank is concerned, thank you.

 

chargeback is NOTHING to do with fraud!!

 

you need to ring your bank and get them to do it immediately.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I am a trader and know the law. But again, read the post above which gives you the exact legislation.

 

The trader can easily prove £500 loss. £300 drop in CAP, Possible loss of sales.

 

Thought so. But clearly you only THINK you know the law. There is no "exact" legislation posted on here (so far) that specifically excludes cars from DSRs. Goods subject to "fluctuations in the financial markets" can be anything from gold bars to diamonds. Plus you are forgetting one thing, the sale was not completed so the full purchase price was never paid, just £500 of it thus the deposit does not relate to the value of the car. In other words, what difference does it make if the car was worth £10k when the deposit was placed and it dropped in value by £300 when the OP cancelled it? Furthermore, what dealer is going to "drop" the value of the car prior to delivery?

 

I simply think you are arguing for the sake of it and have nothing constructive to contribute to the thread. You haven't even suggested that the OP seeks legal advice which kind of proves my point that you are batting for car traders, not the consumer.

 

OP, I stand by my previous advice; go see a consumer law solicitor for clarification and do come back to let us know what happens.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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This thread has gone wildly off topic.

 

 

The point is that the dealer's got the money in his pocket and the customer hasn't. Until that changes the op is out of pocket by some £500.

 

 

The law may or may not be on the op's side, I really don't know, but having the law on your side and actually getting paid re two different things, as many on here have discovered.

 

 

all the op can do is negotiate hard to get some of his money back, £500 is way too much to keep.

 

 

I can however understand that the dealer would, rightly in my view, want to retain some of it, otherwise there's no pint to leaving a deposit.

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Yes, a fair admin fee. What's the betting that if someone else had come along with the money in hand, he would have sold it and then said 'whoops' when the op returned. That's what these gutter car sales do.

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Yes, a fair admin fee. What's the betting that if someone else had come along with the money in hand, he would have sold it and then said 'whoops' when the op returned. That's what these gutter car sales do.

 

 

Well I used to deal in cars and despite the above happening to me on many an occasion, I can honestly say I never did double deal like that.

 

 

But at the same time if I took a deposit in order to take the car off sale then I kept it apart from £100- £150.

 

 

A deal is a deal is a deal. Simple

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hi guys thank you for all of the advice and help. just to clarify a few things,this is not my first time buying a car in the uk,however it is the first time I have had difficulties dealing with a dealer, this is link to the car which has gone up in price and the mileage advertised in 9k lower than the actual milage which the dealer did tell me, I believe the car is now sold, anyway I have decided to write to the dealer give tham on last chance to sort this out or I will go down the legall route, as already stated I am willing to forego part of the deposit which is only fair after all I would presume being as it is advertised for more money he got more than I was paying, item no, 221347318290

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