Non Refundable Car Deposit

[Pharoah1985]

Hello,

 

 

I'm a new user here and looking for some help regarding a car deposit.

 

 

I put down a deposit (£700) on a Vauxhall Astra from a used car dealer in Surrey on Sunday. However the following day at 5.25pm I called to say I didn't want to go through with the purchase.

 

 

Dealer said I wouldn't get my deposit back as per the Vehicle Order Form I signed which states:

 

 

" Failure to take the vehicle an pay the aforementioned balance within the agreed time (which one was not written) will allow the seller to consider the contract repudiated, and where the sale is not the subject of a prospective regulated agreement under the Consumer Credit Act 1974 the sum deposited will be lost."

 

 

I would also like to highlight the fact that the cars MOT advise notes weren't rectified:

 

 

Brake light Indicator and Balled rear tire where not checked or rectified before being out on the fore court or test driven by me. These defects I highlighted later and told they would be completed.

 

 

The issues I have are that I notified them 1 day after the deposit was put down.

 

 

The fact that the car was put up for sale the very next day which leads me to think the changes weren't made.

 

 

Also I don't know how they can justify what the £700 covers them for?? admin fees maybe I'm not sure

 

 

I did request the bank to do a charge back but as I have signed the order form they can't help.

 

 

Any help regarding this matter would be greatly appreciated as I don't know where to turn.

 

 

Scott

[BankFodder]

You have breached the contract - and it is clear that on the basis of their own terms that they have accepted your repudiation of the contract.

This means that they are entitled to deduct from you any administrative expenses and they must then refund you the rest.

They would have to account to you for any sums deducted and show that the money was retained was truly a reflection of their administrative losses.

I suggest that you send them a letter - deliver a copy by hand, if you can, explaining that you want your money back less their administrative costs - which they must explain to you - and that if they fail to do so, then you will start a County Court action against them in 14 days time.

Don't make this threat if you aren't prepared to do it.

On day 14, issue the claim. Use between then an now to read up on the process and to prepare your claim form.

 

It is easy and you will win.

Follow this link - small claims - to see a brief explanation of the procedure

[Pharoah1985]

Thank you very much for your help on this. I very much appreciated it.

 

 

Can you advise if there is a letter template so I can request a breakdown of the admin fees just to make sure its clear and that it details everything needed to take forward for a legal claim? I have a feeling its not going to be £700.

If the dealer does supply a letter of the breakdown of fees within 14 days, how should I then proceed with this?

 

 

Thank you again for your help on this

[BankFodder]

I would imagine that he would have difficulty justifying more than £50.

 

Please read the County Court guides to see what you should do. You need to do your homework and understand the steps.

[Pharoah1985]

Hello

 

 

I have read and understand the steps. However I'm not fully converse in these sorts of matters.

 

 

Can you advise where I can locate a template for requesting the fees or what I need to make sure is in the letter I will be sending?

 

 

Would the letter be "a letter before action"

 

 

Once again I thank you very much for your help and just want to make sure everything is correctly put in case this issue goes further.

[f16]

Hi Pharoah1985, I don't think there is a "template " letter .

What BankFodder was saying is that you compose a letter and say that you are prepared to pay them for their admin fee but you would like a break down of that cost and the remainder of the monies returned.

You ask them to do this within 14 days or you will issue a small claim against them.

Keep a copy of your letter and proof of delivery.

Any ferther hassle come back here

 

Good Luck

F16

[Pharoah1985]

Hi

 

 

I have received a response from the car dealer in the form of a letter from a company called lawdata today?

 

 

They write on behalf of the car dealer stating the below:

 

 

We are instructed by our client with regards to the above vehicle which you agreed to purchase.

 

 

Please accept this letter as confirmation that if you fail to collect and pay for the stated vehicle within seven days from the date of this letter, then our client will consider you to be in breach of contract and will therefore withhold your deposit. Indeed, our client can also recover any additional losses that they suffer as a result of your breach.

 

 

Notwithstanding the above, entirely without prejudice or admission of liability and as a gesture of goodwill, our client is prepared to offer you a six month credit note to the valve of your deposit. This will be effective from the expiry of the above time limit, and can be used towards the purchase of another vehicle offered for sale and agreed by our client.

We trust this clarifies our clients position.

 

 

Sorry for writing the whole thing, just not sure what to do and wanted to make sure it is all there

 

 

Any advice????? thank you

[Pharoah1985]

Hi

 

 

I have received a response from the car dealer in the form of a letter from a company called lawdata today?

 

 

They write on behalf of the car dealer stating the below:

 

 

We are instructed by our client with regards to the above vehicle which you agreed to purchase.

 

 

Please accept this letter as confirmation that if you fail to collect and pay for the stated vehicle within seven days from the date of this letter, then our client will consider you to be in breach of contract and will therefore withhold your deposit. Indeed, our client can also recover any additional losses that they suffer as a result of your breach.

 

 

Notwithstanding the above, entirely without prejudice or admission of liability and as a gesture of goodwill, our client is prepared to offer you a six month credit note to the valve of your deposit. This will be effective from the expiry of the above time limit, and can be used towards the purchase of another vehicle offered for sale and agreed by our client.

We trust this clarifies our clients position.

 

 

Sorry for writing the whole thing, just not sure what to do and wanted to make sure it is all there

 

 

Any advice????? thank you

[renegadeimp]

Theyve basicallya dmitted fault but are trying to pass it off as a gesture of good will. The without prejudice thing is because they dont want what they are saying to be heard in court.

 

Have a good read of post #2 and post #4. Youve got a bit of homework to do.