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Price increase. Refund of deposit?


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I placed an order for a car through Ian Allan Motors over a year back.

 

At the time it was a £2,500 deposit to confirm a delivery slot.

 

Got a phone call 3 weeks ago to advise that I can spec the car now for delivery in early summer.

 

At this time I was advised by phone that the price had gone up by £5,000 since I had put my deposit down.

 

They gave me 3 working days to get my order in to them or they would not be able to get my order in for these build slots and I would have to wait for the next one. 

 
I told my finance company about the additional requirement for 5k and they said they would get back to me. 
 
Cut a long story short the finance company took around a week to say that they could not provide me any additional amount. Not wanting to miss the build slot I had confirmed my spec to Ian Allan by then. 
 
 I am unable to go ahead with the purchase now due to the increased cost and Ian Allan are telling me that since they confirmed my order to the manufacturer they are unable to refund my deposit. 
 
At no point have I been given any documents to agree to any of their terms. 
 
Can I cancel my order and get a refund of the deposit due to the price rise? 
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I placed the original order on the phone and got confirmation via email. 
 

it’s a Chevrolet Stingray.

 

I never got any t&c’s via email or through the post. Even the email didn’t specify the deposit as non refundable. 

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In that case, they haven't even begun to satisfied requirements for a distance sale which requires that you are fully informed as to all aspects of the contract including cancellation rights.

 

Also, you haven't told us the name of the dealer or of the finance company. Obviously you are trying to protect them. Is there a reason for that ?

 

 

 

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By the way, I agree with my site team colleague about the dangers of accepting a higher price. But in this case it seems to me that the contact has not been competed in any event and so now enjoy your rights in full.

 

Your position has to be that this is a variation on the contract and not a new contract.

 

It depends on the same deposit money

 

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So what should I do next as they have said if I cancel they will keep the deposit money. 
 

At no time was I sent any t&c’s. Initial deposit confirmation only states deposit taken for build slot. 
 

Email to specify build does not state no refund of deposit etc. 

 

They will easily sell this to someone else. In fact these cars are selling for 5-10k over list right now. 

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how did you pay the deposit?

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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urm.. section 75 could be useful here then?

 

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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Sorry but I am complete novice at this. So what should I tell my credit card company? Do I need to specify any contracts etc? 
 

Would it be useful to maybe try and discuss with dealer that unless they refund I will take this approach. 
 

 

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Sorry, I missed the reference to the dealer's name.

 

I think first of all you need to make your position clear to the finance company and also to the dealer.

Can you tell us whether this is a simple credit agreement or is it an HP agreement?

 

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 I guess the finance company have nothing to do with the car as it’s an unsecured personal loan + sale of current car to finance this. 
 

It’s have told the garage but they are saying that if I cancel they won’t refund the deposit. 

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So you borrowed the money separately and the lender was unaware of the vehicle .

In that case it is directly between you and the dealer .

We will help you forward if you want .

I'm quite sure that you will have to begin a small claim .

 

Start reading up on this form about the steps involved. Taking a small claim in the county court .

It is straightforward but you will need to understand the steps in order to be confident.

 

When you have understood it, come back here maybe tomorrow or the day after and then we will begin the process .

 

Don't write anything to them without getting it checked here first .

The first thing you will have to do is you have to make it clear to them by putting it on record that they have not complied with the distance selling rules in terms of the information that they should have provided you with.

 

But let's do that once you understand the process and what it means.

 

 

 

 

 

 

 

 

 

 

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Incidentally, what my site team colleague @dx100uk was hinting at was that you should also make a chargeback application to your bank .

 

 Bank won't be happy and it may not be successful but you may as well try.

Do the reading I have suggested as well.

 

 

 

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Monitor this thread for a fuller reply later.

 

However, you should start off now by checking the requirements for disincelling and all the formalities that should be complied with in order for a contract to be properly implemented and thus create the beginning of the timeline for the distance selling rights

 

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Please will you start off by looking at the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

 

A fairly good summary is here 

WWW.WHICH.CO.UK

The Consumer Contracts Regulations give you rights and protection when buying products and services online.

 

Please check each requirement and indicate separately if it has been met or not. If a requirement has been met then please tell us how it has been met.

Also I think we need to confirm that your purchase is actually a distance selling purchase.

You may have said this already but please will you go through once again to describe how the contract was arrived at.

Thanks

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Ok I will go through the regulations and revert. 
 

I called them and placed the order via phone. They took deposit through my credit card on this call. A few days later I got a email to confirm my deposit. A year later I got a phone call to say I could spec the car. This was followed up with a email the next day with brochure.
 

I replied back to the email with the spec that I wanted. I have double checked I was never provided any terms and conditions in either of the emails that they sent.  
 

The brochure is from Chevrolet direct so doesn’t have any cancellation details or terms. 
 

I have never been to their dealership.

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One more piece of information that may be relevant is that £7500 was due when the car spec was confirmed 2 weeks back which I have not paid yet. 

 

  • a description of the goods, service or digital content, including how long any commitment will last on the part of the consumer 

I did not get any digital content when the deposit was placed a year back. I was emailed a brochure 2 weeks back when I was asked to confirm the model. 

  • the total price of the goods, service or digital service or the manner in which the price will be calculated if this can’t be determined

I was never informed about the price at the time of preorder. Was emailed a brochure 2 weeks back.

  • how you will pay for the goods or services and when they will be provided to you

This is the email I got when I was asked to confirm the order

I am contacting you with regards to providing the spec for the Corvette C8 Stingray which you have a build slot deposit for.

 

Please could you give me a call or provide me with the spec you would like for your vehicle?   We will need this by 11am Monday 12th December if you would like your vehicle to go in for build Feb/Mar.

 

Once I have received this, I can put the order in for build.   At that point, we will require the remaining £7,500 deposit.

 

I have attached a copy of the price list to this mail for your reference when providing the spec for your vehicle.

  • all additional delivery charges and other costs (and if these charges can't be calculated in advance, the fact that they may be payable)

None advised

  • details of who pays for the cost of returning items if you have a right to cancel and change your mind

None advised

  • details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)

None advised

  • information about the seller, including their geographical address and contact details and the address and identity of any other trader for whom the trader is acting

Got their address and company reg on the original invoice. 

  • information on the compatibility of digital content with hardware and other software that the trader is aware of (or can reasonably be expected to be aware of).  

None advised. 

 

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I have just noticed something in your last post .

Is this car a custom build?

 

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And is the colour you chose unusual ?

This means that the car had to be painted from metal?

 

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