Car dealer not returning the deposit

[London000]

Hi there everyone,

 

I am concerned about the fact that last Sunday I have decided to look around for a better car as my old one could be retired very soon, although I have taken care of it very well....I went around to a few car dealers and have found a car that could have a few more years to carry my weight and my things around the town.

 

After I have spoken to the Owner I believe, have taken a seat into his office and asked questions about the car.

One question was - how many miles the car has and he replied 68.000....later on after I said that I wanted to have a look at it as it was parked behind 2 other cars he said that sorry it has 88.000 miles. When I got into the car it had 88.600 miles. I did not like that as he could simply say that he does not know....all good so far....

 

After other questions we have been numerous time interrupted by various calls and other customers around and could not manage to concentrate very well.

 

I am given a deposit of £300 to keep it and to make sure that he is doing all the necessary adjustments/ improvements (new tyres, etc.) in order to pick it up in 2 days after he called a finance Company giving away all my details in order to give me a loan.

The car was in amount of £7000, thinking that I needed another £4500 from the Company he knew.

 

I woke up Monday morning ( not much of a sleep as I have thought about the financing the car- which I do not like things like that) and rang them at 9.00am to ask to cancel everything.

 

I have also called the Finance Company as well and they have told me that nothing was done as they could not find anything yet.

They told me that it was the dealer to go to as they need to send them a contract before they could start anything.

 

Of course the dealer was not there but it was somebody else who works there and it was with him on Sunday - that was the mechanic that is checking the cars before they will do a part exchange.

 

I have asked him to let me know when upon his returning so I could call him back.

He said that he is in Auction and he will be coming at 5.00 pm.

 

I did call him at 5.00 on mobile and of course no answer and called the office and he was there.

I have told him that I have texted the mobile given on Sunday about the cancelation of everything and he said that he can do it but the deposit will not be returned.

 

I have asked why and he said that and I quote : "that is how is here".

He only said on Sunday that if the Financial Comp. is not approving my loan then I will be able to have my deposit back.

Nothing else was said about Deposit.

 

Questions:

1. How can I have my deposit back???

 

2. Can I submit a small claim to the local Court??

 

Any reply will be much appreciated.

Thank you,

 

dd

Edited November 13, 2018 by dx100uk
spacing

[dx100uk]

how did you pay the deposit please?

[London000]

Hi there again,

 

 

I forgot to add the paper I was given to sign it on Sunday.... On top it does say: their name and address, phone number , and website....then Sold to: ....my name and my address.....my phone number...then under it says I/we the undersigned agree to purchase from the above named seller. Then under is the make of the car I would like to buy with plate number, colour type, model and date First Reg, in UK..... then under I declare that I am the buyer of the car described above at the price stated below. then Date, my signature and my name... Then under seller name and date with Deposit paid + price of my old car + amount of how much I need to pay and to be financed £4500 ...

[London000]

how did you pay the deposit please?

 

 

 

Hi dx100uk,

 

 

I have paid it cash,

Thank you,

dd

[dx100uk]

oh god you mug!

 

does the contract state signed on premises…

 

if not im pretty sure you have 14 days to cancel.

[London000]

No it does not say that has been signed on the premises.........but on the bottom of the paper signed it says a £300 deposit is non-refundable

 

.....I have drafted a letter to say that I would like all my details removed including the photos of my driving license taken in order to send it over to the Finance company.....

[dx100uk]

good then you are within 14 days everything can be cancelled everything back

the dealer cannot refuse and he knows it

[London000]

good then you are within 14 days everything can be cancelled everything back

the dealer cannot refuse and he knows it

 

 

 

Hi Dx,

Shall I write them a letter?? If so can I ask you for a sample?? it has been long I have not been around and have forgotten a lot of things....

Thank you,

DD

[Chuffnut]

good then you are within 14 days everything can be cancelled everything back

the dealer cannot refuse and he knows it

 

Are you sure this is correct?

 

The OP has entered into a contract to buy something, he has subsequently changed his mind and cancelled the contract, the dealer has decided to keep his money.

 

Where does the 14 day cooling off period come from? I know that with finance companies you have 14 days to cancel the finance however you are still liable to pay the finance company the full balance if you do so. So where does the 14 day cooling off period with regards to the sale of the vehicle come from? Thanks.

[dx100uk]

I understand where you are coming from, but that's for the dealer and the finance co to argue over.

 

the issue here is the deposit.

if the buyer was not told or shown or given any paperwork with T&C's that clearly state the deposit was non returnable then the dealer should return it.

[Chuffnut]

I think judging by what the OP has said, he has signed a contract stating that the deposit is non refundable? That's how I read it anyways..

 

"No it does not say that has been signed on the premises.........but on the bottom of the paper signed it says a £300 deposit is non-refundable"

Edited November 13, 2018 by dx100uk
quote

[dx100uk]

yep captured

probably why he insisted on cash so they couldn't do a chargeback.

[Chuffnut]

yep captured

probably why he insisted on cash so they couldn't do a chargeback.

 

Probably a bit harsh on the dealer, he thought he had a sale and now he doesn't. OP can change his mind of course but people shouldn't be allowed to break contracts with no reprisals whatsoever, imo.

[dx100uk]

should be a flat fee not £300, if the deposit had been £1000 or the dealer accepted his old car in PX...what happens then..tough luck mate the car was a PX deposit and deposits are non refundable....

if everyone believe whatthey read in T&C's then they'd have been no bank charges reclaiming and no PPI reclaiming...…...and probably no consumeractiongroup webforum...

[London000]

should be a flat fee not £300, if the deposit had been £1000 or the dealer accepted his old car in PX...what happens then..tough luck mate the car was a PX deposit and deposits are non refundable....

if everyone believe whatthey read in T&C's then they'd have been no bank charges reclaiming and no PPI reclaiming...…...and probably no consumeractiongroup webforum...

 

 

Hi DX,

Well said.

What should I do now as I have called them up and said that I will be writing a letter, recorded delivery and they will have to answer. They did say that they are covered as they have solicitors and they have been in the trade for 10 years....

Tough luck I've said.

All I wanted is the deposit back and all my details shredded at once. The letter I would like to send is headed: Letter Demand of Erasure completely and shredding all of my personal data, including the return of the deposit ....

This letter is a request under the GDPR with regards to the erasing all my data you and any third parties involved that you /they have. Of course posting recording delivery....

What do you think???

I could send you the letter drafted already if you would like into your inbox....or here....

Thank you ,

dd

 

[AndyOrch]

Generally there is no cooling off period or 14 day decider when buying a car...only if bought off premises.

 

https://www.independent.co.uk/news/business/you-and-your-rights-how-not-to-lose-a-deposit-1599561.html

 

https://www.thecarexpert.co.uk/is-my-deposit-refundable-asktce/

 

Andy

[Chuffnut]

should be a flat fee not £300, if the deposit had been £1000 or the dealer accepted his old car in PX...what happens then..tough luck mate the car was a PX deposit and deposits are non refundable....

if everyone believe whatthey read in T&C's then they'd have been no bank charges reclaiming and no PPI reclaiming...…...and probably no consumeractiongroup webforum...

 

Well quite. But I suppose what we are trying to do here is be realistic and the reality is that the dealership "could" return the deposit but don't "have" to.

 

Well worth being a pest for a while though I'd say, they may give in if OP refuses to go away! The fact they have mentioned solicitors already suggests they are not going to give in

[Chuffnut]

Generally there is no cooling off period or 14 day decider when buying a car...only if bought off premises.

 

https://www.independent.co.uk/news/business/you-and-your-rights-how-not-to-lose-a-deposit-1599561.html

 

https://www.thecarexpert.co.uk/is-my-deposit-refundable-asktce/

 

Andy

 

DSR then, basically.

[Chuffnut]

Hi DX,

Well said.

What should I do now as I have called them up and said that I will be writing a letter, recorded delivery and they will have to answer. They did say that they are covered as they have solicitors and they have been in the trade for 10 years....

Tough luck I've said.

All I wanted is the deposit back and all my details shredded at once. The letter I would like to send is headed: Letter Demand of Erasure completely and shredding all of my personal data, including the return of the deposit ....

This letter is a request under the GDPR with regards to the erasing all my data you and any third parties involved that you /they have. Of course posting recording delivery....

What do you think???

I could send you the letter drafted already if you would like into your inbox....or here....

Thank you ,

dd

 

 

GDPR demands that organisations hold only the data that is relevant to their dealings with you, more or less. In other words the data they currently hold for you is relevant as you were buying a car from them. If that is no longer the case, they will have to destroy any data that isn't relevant to their dealings with you, which they probably will do. But writing a letter to them demanding they do is a little academic, as you won't actually know if they have or they haven't destroyed the data. I don't know what you're expecting to achieve with such a letter, it will more than likely just end up thrown straight in their bin.

[London000]

GDPR demands that organisations hold only the data that is relevant to their dealings with you, more or less. In other words the data they currently hold for you is relevant as you were buying a car from them. If that is no longer the case, they will have to destroy any data that isn't relevant to their dealings with you, which they probably will do. But writing a letter to them demanding they do is a little academic, as you won't actually know if they have or they haven't destroyed the data. I don't know what you're expecting to achieve with such a letter, it will more than likely just end up thrown straight in their bin.

 

 

Hi Chuffnut,

 

 

I was really after the letter from them that all the sensitive data they have on me (photocopy of my driving license, address, etc) was destroyed. I would like to have it in writing in case of, at a later date there are different companies contacting me out of the blue...It can then be traced back through them lot (dealer and Financial company) and see what they have done with my details....

 

 

Also, on the page signed by me on the bottom it does say: A £300 deposit is non-refundable. This means that either paid cash or card is the same thing...customer will not see any of the deposit back.... What about my old car as part-exchange??? ...as it was part of the deal as well.....

[Chuffnut]

Hi Chuffnut,

 

 

I was really after the letter from them that all the sensitive data they have on me (photocopy of my driving license, address, etc) was destroyed. I would like to have it in writing in case of, at a later date there are different companies contacting me out of the blue...It can then be traced back through them lot (dealer and Financial company) and see what they have done with my details....

 

 

Also, on the page signed by me on the bottom it does say: A £300 deposit is non-refundable. This means that either paid cash or card is the same thing...customer will not see any of the deposit back.... What about my old car as part-exchange??? ...as it was part of the deal as well.....

 

Perhaps just an email from them then, confirming that they will destroy the personal data they hold on you in line with their GDP policy (which all businesses should have)

 

Regarding the part exchange vehicle, did you leave that with the garage then?

[London000]

Perhaps just an email from them then, confirming that they will destroy the personal data they hold on you in line with their GDP policy (which all businesses should have)

 

Regarding the part exchange vehicle, did you leave that with the garage then?

 

 

 

No I did not leave the car with them....they were after the £300 and in the next few days to bring my old car + the rest of the money....in amount of around £2200...

[Chuffnut]

No I did not leave the car with them....they were after the £300 and in the next few days to bring my old car + the rest of the money....in amount of around £2200...

 

Ok, well then I'm sorry but I'm not sure what you are asking when you say "What about my old car as part-exchange??? ...as it was part of the deal as well....."

 

There is no longer a deal, as you are cancelling the contract, so your part exchange vehicle is neither here nor there? Sorry I might be misunderstanding you..

[oddjobbob]

''I am given a deposit of £300 to keep it and to make sure that he is doing all the necessary adjustments/ improvements (new tyres, etc.) in order to pick it up in 2 days after he called a finance Company giving away all my details in order to give me a loan. ''

 

Looks to me like you bought it OP and then had buyers remorse. In the meantime the dealer took it off sale and possibly refused other enquiries on it. So I am unsurprised he is not happy.

 

Suppose you DID want the car and the dealer said 'sorry mate, someone else bought it the next day, here's your deposit back' - you would be livid, and rightly so.

[London000]

Hi there,

Ok.... Le's recap for a second....

 

I went on Sunday afternoon to look and maybe buy a car spending the time....up until closing time.

I thought I have found the right car although they have told me the miles on this car were 20000 less then actually was.....

They have tried to ask the finance Company to get me financed of course but nothing happened....

 

Called up on Monday morning as I went home and have had a second thought and changed my mind.

There was no way the dealer could have lost anything in such a short time...

Why would anyone would keep a £300???

Perhaps I would understand a £50.00....

 

dd

Edited November 17, 2018 by dx100uk
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