Section 57 CCA? Car dealer refusing to cancel/refund deposit

[SanjeevSanotra]

Hi all,

I have a simlar problem but seem to be finding it difficult to post. So I hope you dont mind me jumping on this thread.

I have read what you are saying about CCA and about reneging on a deposit.,... I am not sure if I am allowed to mention speficic Car supermarkets either.

 

So here goes.

March 18th - Visit Said Carsupermarket, test drive a vehicle I like, agree to get the ball rolling. and discuss a part exchange value of my current vehicle.

They state that my vehicle is worth 4K but the finance is 5K so they would "out of the kindness of their hearts" cover the finance at least to allow me to buy the vehicle I had test driven.

I put down a £500 deposit (as this is their min deposit apparently) and paid for on credit card.

 

I am given what looks like a sheet of paper detailing the new car price (9500)

the value of my car (4900) the total outstanding finance (5056), RF TAX (Road tax 460 for 12 months), deposit of 500 and cash deposit of 40 quid??

 

So I paid on CC as I said and I went away thinking brilliant, I have bought a car I like.

 

I returned:

23rd March: Begin the exchange procedure etc

They take my V5 document

I( begin filling in the new keeper part of the V5 and completed.

 

Feeling chuffed I sat back in the sunshine and waited for the sales guy to return.

When he returned he informed me that=......

"I believe your vehicle has a mileage discrepency, therefore we cannot offer the full amount on your car that we said... so you will have to make up the difference on your finance... I'll get the ball rolling"

 

"Whoa whoa whoa" was my answer and I sat the young chap down and asked to see this mileage discrepancy.

Yes there was a discrepancy from before I owned the vehicle but that could have been down to input error on the MOT etc

 

So we spoke about it civil like and when he realised I wasnt going to just add onto finance, they left me alone for a little while to "think" apparently.

I beleive they thought I would turn arounda nd say yes do it...

 

So I began speaking to TS, OFT and the Finance company I am with, all said speak to original garage.

I did and they said straight away, this is a [problem] to get you to put more on finance... there is nothing wrong with that car... in fact we will buy it off you for that price because that car will sell in a week guaranteed. (Diesel, good economy etc)

 

So I rang the supermarket Car place back and said, I should have my deposit back as they renegged on their original "contract" they had made me sign to say that deposits were none refundable.

They didnt argue this point but started to say that they couldnt give the deposit back as they had taxed the vehcile at my request.

I.e taxed it so I could drive away and put the tax amount on the finance.. it now turns out.

 

To be reasonable I said, send me the tax disk and I will refund it and call it quits (im glad I couldnt)

I was told I couldnt do that.,

I said.. ok you refund the tax then and keep the difference

They said they couldnt

 

I then said why cant you refund the tax... they replied "only the registered keeper can refund the tax"

So they had taxed the vehicle in the previous keepers name?? is that possible? Isnt that illegal?

 

Anyway we went round and round in circles and they kept coming back to the point that they would be out of pocket on the tax.

to the tune of £450.

 

I said in that case you should honor the agreement I signed and the price on the vehcile you offered.

They said no... I said "Breach of contact perhaps?"

 

No answer...

 

I asked outright...

"Are you refusing to refund my deposit"

His carefully worded answer was....

"At this moment in time I cannot refund your deposit until our legal department have looked at this"

 

I rang OFT and they said should get back the full amount as they withdrew from deal.

 

At the moment I have spoken to the credit card company who once I explained this turned around to me and said You have a case under the CCA.

We have frozen this payment and lifted from statement until resolved etc etc.

 

What I need to know is, is there anything else I can do??

 

Since then, I have no reason to ever buy a car from them again...

So give me the deposit for walking away from what YOU agreed and im happy.

 

PLease advise anyone?

[sailor sam]

Sorry Sanjeev, this is completely different situ from the OP's. You need to start your own thread otherwise it will be confusing .

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Redletter]

Do I have the right to sue my credit card company for the return of a deposit of £250 paid on my credit card?

 

They are saying they cannot help me because my dispute is with the merchant.

I thought this was the whole point of Section 75?

 

I paid a deposit for a brand new car which was already built to the spec I wanted and was in stock at the manufacturers compound.

 

I DID NOT sign any finance documents but signed an agreement to buy the car.

 

I subsequently changed my mind and was advised by consumer direct I had the right of withdrawal under S57 of CCA.

They said despite the fact that I had signed the agreement on the suppliers premises I could still withdraw my offer to buy at any time before the finance agreement was executed.

 

I was told by the car dealer that I could only withdraw from the finance but not the agreement to buy the car and that I must still buy the car.

 

I was assured by consumer direct that the agreement to buy the car was a linked agreement as defined under S19 of CCA

and as such under section 70 I was indeed entitled to a refund of the deposit as I should be returned to my precontract position.

 

I have written to the dealer (recorded delivery) explaining this and requesting a refund which they have again refused

stating that I am in breach of my agreement to buy the car and that they will not refund my deposit.

 

I contacted my credit card company to dispute the transaction and they have said they cannot help as the dispute is 'with the merchant'!

[Redletter]

Also is it true that the CC company should not charge any interest on the disputed amount?

[Redletter]

What if I were to go back and that particular vehicle is no longer available?

Surely then I should be entitled to my deposit back as they will have failed to supply the goods?

[dx100uk]

chargeback!!

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

dx

[Redletter]

chargeback!!

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

dx

 

Thanks but as I stated above I have contacted The credit card company who have said they cannot assist me as it is a dispute with the merchant!!!

[dx100uk]

they are equally responsible

 

refund THEN ivestigation

 

few if any phone jockeys KNOW aboutchargeback

 

keep going up the chain till you get one

 

dx

[Redletter]

Hi I forgot to update this but I did eventually get my deposit back!!!!!