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    • Hey everyone, I am hoping I can get some guidance with a car I recently purchased.   I have been looking around for a newer car and thought I would check out those internet car seller folks.   I found a car I liked and the description said it had all the things I wanted, so I paid the deposit, applied for finance, which I got, and opted for a PCP contract, paid my deposit and got my order confirmed. The car was delivered on Monday 1st June. First I must say that overall I am really very happy with the car, it is almost exactly what I wanted, I am delighted with the general condition, the way it drives and would not be too keen on letting it go if I have no need to do so.   So, the first thing, it was just under 700 miles over the quoted mileage, and I know that's not a lot. Still, that's not the point, the number is excessive, considering the place it came from is only about 200 miles from me. I have spoken to them about the mileage. They said it was a clerical error, which I do not believe, they have however agreed to refund me for 400 miles, which I decided to accept as I figured at least they have agreed to pay for just over half of the miles and did not want to be too unreasonable about it.   The second thing, and this is the one that is really the stumbling block. The cars headline said: 'FORD FIESTA HATCHBACK 1.0 EcoBoost 125 Titanium X Navigation 3dr'. Though the full advert is no longer visible, part of it still is, https://www.buyacar.co.uk/ford/fiesta/fiesta-hatchback/1-0-ecoboost-125-titanium-x-navigation-3dr-73955 and this is the car I bought.   So after checking it over upon delivery, and going around it with the delivery chap, all looked fine, and I decided a little drive was in order.   So off I went to put some fuel in, and while at the fuel station figured I would check out the sat-nav and this is where the problem is, there is no sat-nav. I checked the book, there is no slot for the navigation sd card, no button to turn on the nav, aka, no nav, none.   So I emailed them, and the response I got was: 'Thank you for your email, and I am sorry to hear you are not fully happy with your new purchase. This vehicle was not advertised with Sat Nav, so I am unsure where you feel you read the description you have provided?' ... ... 'In regards to the description of the vehicle, I have checked this on the order form, and the finance documents that were both sent to you and signed and the description of the vehicles reads as FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback.'   So I have pointed out the fact that there was not only a headline stating that the car was Navigation version but further, down the page, there was also a mention of it.   I also said to them, despite me signing said documents, I felt no need to recheck it because the wording navigation appeared several times in the advert which was enough for me to accept it was a version with navigation.   I also said, the order form nor the finance documents also make no mention of other stuff either like climate control, automatic folding mirrors, infact they do no mention any features, only that it is a FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback, so I have refused to accept this as an excuse and an attempt to lay the blame for this mistake at my feet. I honestly thought I was purchasing a car with sat-nav, based on the information provided by them.   I am awaiting a call from them but they have so far today failed to get in touch so figure I would use this waiting time to ask some of the more experienced members about their thoughts on where I stand with this.   Am I in a position for example to ask that they fit sat-nav? If they ask for the car back and put me in a position with no car again how does this work out? Am I flogging a dead horse?   Any advice please would be very much appreciate.   Thanks all.
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Can I reclaim deposit on imported classic car

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Six weeks ago I agreed to purchase (from a UK company) a classic vehicle for restoration which is being imported from the USA.

The company has a good reputation and I based my decision to buy upon various photographs showing the areas requiring attention.

My intention was to buy the vehicle 'as is' and to have it fully restored mechanically and cosmetically.

 

I paid a 10% deposit to secure the vehicle and agreed in writing to pay a further 15% as soon as it had been shipped.

The 15% is due this week, as the seller has the bill of loading from the shipping company.

 

 

The receipt provided to me acknowledges the payment of the 10% deposit, states that 15% is due on departure,

with the final balance payable immediately upon arrival and customs clearance in the UK.

 

 

The only mention made of a refund is that,

if Customs do not accept the vehicle (which is 40 years old) as being of 'historical interest'

and the import duty and VAT is higher as a result, I may either accept the additional charges or be entitled to a refund of all monies paid to date.

 

 

I did not sign a sales contract but have agreed in writing (via email) to pay both the 15% at the time of shipping and the balance on arrival.

 

I work abroad and all of my dealings with the company have been via email. I was not in the UK when the deal was made.

 

My circumstances have changed and I will not be able to afford the restoration.

I have written to the seller, requesting a full refund of my 10% deposit.

However, I am not sure where I stand legally if the seller refuses.

Because I was not in the UK during the negotiations,

can I legally pursue the matter under English Law?

 

Would the fact that all contact with the seller was via email fall under the distance selling regulations?

Or am I technically in breach of contract, and can the seller in fact sue me for the remaining balance.

 

The seller has not done anything to justify me pulling out of the deal, and in fact has done everything exactly as promised so far.

I would find it difficult, though, to complete the purchase and have the restoration work carried out.

I'm really not sure where I stand if the dealer refuses to cooperate..

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Hello and welcome to CAG

 

It's unfortunate about your circumstances changing, hopefully the guys will be able to advise you what to do.

 

My best, HB


Illegitimi non carborundum

 

 

 

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I can't see how you would be entitled to any return especially, as you say, the seller has done everything correctly.

This will have cost the seller money, at the very least, admin charges.

 

 

I think you are being unfair in asking for a return and I can't see a court upholding a claim against someone who has done nothing wrong.

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What Conniff said above. ^^^^^ You don't get a deposit back for buyer's remorse.

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The seller has incurred the expense of the bill of loading and it is going to cost them money to get it removed from the container etc. Nver mind the transport costs to the port fo export. You will be lucky to get away with losing your deposit as the seller coudl sue for addiotnal expenses and probably win.

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The seller has incurred the expense of the bill of loading and it is going to cost them money to get it removed from the container etc. Nver mind the transport costs to the port fo export. You will be lucky to get away with losing your deposit as the seller coudl sue for addiotnal expenses and probably win.

 

Thanks for the various replies.

 

My understanding was that the seller already owned this vehicle and was proposing to ship it to the UK regardless. The expenses that you mention would have be incurred anyway in the course of importing it. It was one of two similar vehicles that they had in the USA, and they said they had other interest in this particular one, hence the requirement for a deposit.

 

I had thought that, because the deal was not struck on trade premises, the distance selling regulations would apply here, and I would be entitled to extract myself from the deal even after delivery.

 

Please understand that this is not a case of 'buyer's remorse'.. I suffered a major change in my financial circumstances when my contract was not renewed. If it is correct according to the law that I must forfeit my deposit, then I will accept that with good grace. I just wanted to be absolutely sure as to the legal position.

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The Distance Selling Regulations are now obsolete and would not apply anyway as the USA is not in the EU. Just pray that the seller does not start to demand more money.

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The Distance Selling Regulations are now obsolete and would not apply anyway as the USA is not in the EU. Just pray that the seller does not start to demand more money.

 

Per the original post, the seller is a UK company. It is the vehicle, not the dealer, which is in the USA. The deposit was paid to an account in the UK, and the company has its registered office in England, so presumably this would be subject to the jurisdiction of English Law?

 

I was not aware that the distance selling regulations are now obsolete, so in their absence which element of consumer law would apply to this?

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Apologies I missed the part about UK company however Consumer Contract Regulations would apply which covers the DSR. I think you would need to speak to CAB to get advice especially as it has gone so far alredy up to the Bill of Lading.

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When you hand over a deposit, you have made a legally binding contract. It doesn't matter whether there is a written agreement or not, and you don't need to have signed anything for the law to take hold.

 

Any other 'interest' might just be that and not a firm offer of purchase.

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