Deposit question on Car Deposit

[Oscar12345]

Evening.

 

I put a depoist down on a car yesterday, but have found out that what i owe on my current car is more than what i thought, by a good sum. I spoke to the business manager who said he said the manager would not be happy, but he said "by the word of law i'd get it back".

 

I checked my agreement, and i have signed it - BUT IT IS NOT DATED.

 

in my line of work - this means that the contract is null and void?

 

I believe i will get this back, but just checking on this. Also - surely as i have a receipt and this is not dated they haven't got a leg to stand on?

[klassykitty]

so far ive found this.........

 

http://www.whatcar.com/news-special-report.aspx?NA=216934&EL=3139963

[Oscar12345]

interesting reading. I think i will hassle and hassle if they do the silent treatment. They know i haven't signed for anything apart from a "fair's fair" agreement, which wouldn't stand up in court.

[klassykitty]

maybe you should give consumer direct a ring, they will tell you what you need to know straight away, there really good.......

Consumer Direct

[smvtuser]

It depends what agreement you have signed. If it is a regulated consumer credit agreement, the agreement becomes "executed" when it is signed by the debtor and creditor. Until then, you are entitled to withdraw from the prospective agreement under section 57 of the Consumer Credit Act 1974.

 

You can withdraw by giving written or oral notice of your intention to the creditor or the garage, if they have arranged the finance for you, and obviously it is best if you have proof of giving notice. If you withdraw under s57, the credit agreement and linked transaction to buy the car are treated in the same way as a cancellable agreement ie you can get your deposit back. Normally an agreement signed at the garage premises is not cancellable, which would also be the case if finance were not involved.

[Oscar12345]

Good news - e-mail confirming full refund today.

 

So even if they play up now - i've got them. Spoke to my friend who's a solicitor who said as long as i have written documentation (e-mail), they haven't got a leg to stand on!!! good times!