deposit refund *******Resolved********

[robbie1944]

hi

just a quick question I spoke to a dealer on the phone and paid a deposit of £100 in the morning to hold a car but due to" we buy any car" renegading on buying my car I had to phone the guy the same afternoon and cancel the purchase.

even though I phoned just a couple of hours after paying the deposit he says my deposit is non refundable.

As a measure of good will has offered to give me a credit note against another car

bob

[rebel11]

Hi robbie

 

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/faq_index_consumer_affairs/faq_consumer_affairs_deposit_back_if_cancel_goods_or_services.htm

 

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm

 

Did you pay the deposit over the phone?

[robbie1944]

Hi

yes the payment was made by debit card over the phone

 

bob

[rebel11]

If it's Visa Debt , contact your card provider, ask to do a Chargeback.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

 

Also:- http://www.legislation.gov.uk/uksi/2000/2334/contents/made

 

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

[Gick]

Robbie 1944,

one of the important considerations regarding the Distance Selling Regulations is that the 'cooling off' period is really intended to facilitate the opportunity to examine the goods. If you went to see the vehicle first, then rang to ask the dealer to keep it for a certain time, the DSR may not apply.

 

If you only came across the advertisment through a newspaper, or via a website, then DSR is more likely, provided that this is a regular occurrence for the dealer.

 

I am not sure that he can only issue a credit note as no invoice has at that time been raised.

 

To my mind, the dealer should repay the deposit as he will not have been put to any extra expense in the intervening 2 hours and unless you were told during your original telephone call to him that the deposit would be non-refundable, it is in the nature of an informal arrangement, but I am sure that those more experienced in this field will be along soon to advise you.

 

Regards

[robbie1944]

Hi

thanks for the advice have looked at the various articles on distant selling

sent emails explaining the distance selling regs

He is now taking advice on these laws

yes he does sell most of his cars on the internet,thats where I seen it

I have also been to my bank and requested a charge back which they are looking at

bob

[raydetinu]

there is another view in that you are purchasing an option to buy and for that they will reserve the car and not sell to aybody else and will deduct that from the agreed purchase price.

having said that I think DSR regs will aplly and you should get your money back, less any admin charges and time.

[rebel11]

If he needs to look at the 'law' now what does that tell you about his previous stance, that he can only give you a credit note?

Stick to your guns.

[Gick]

Robbie1944,

what I omitted to ask in my previous post #5 was, when you rang to discuss the vehicle and eventually paid the deposit, did you mention that you were needing to fund it through a deal with 'webuyanycar.com' and needed time to complete that transaction? This would make your placing a deposit conditional so that the dealer would know that there was a possibility that you might not be able to go through with the purchase.

 

Also, did you request that the vehicle be ready for you by a certain day, as anything that could be taken as an instruction to commence their usual pre-delivery preparation, servicing etc., would increase his right to retention of some or all of the deposit?

[BrazilianCCK]

I am not sure that you have a case under the DSR - it only applies to transactions where the whole selling process is at a distance, i.e. you do not have the opportunity to inspect the goods you are buying befiorehand in person - you don't state whether you did look at the car beforehand, but if it is the case that you COULD have viewed the car beforehand but chose not to for convenience, then the DSRs won't apply.

[robbie1944]

Hi All

it has all been sorted the guy has sent me a letter saying he has given me a full refund as a gesture of his goodwill

 

bob

[rebel11]

Well Done Robbie:-)