Getting a used car deposit refunded

[sk1804]

Hi,

 

I placed a part payment on a used car recently and am now unable to complete the transaction and would like my part payment back.

 

I have asked the dealer directly and they refused and now need advice on how to proceed.

 

When placing the part payment I was not made aware verbally or in writing that it was non refundable. I was given an order form where I filled in my personal details at the top and car details on the right and the salesman signed - but I did not sign. There were also no terms and conditions on this form or on the website stating deposits or part payments are non refundable.

 

How can I get this back?

 

Thanks

[liverpoolluke]

how did you pay cash or card ?

[sk1804]

Debit card

[BankFodder]

I think you want to tell us something about the price of the car and the amount of money that you paid in advance. What action has the car dealer taken – if any – to prepare the car for you?

[sk1804]

The car had been taken in as part ex and I saw it 15 minutes after it had been dropped off. It needed the bonnet repainting and wheels refurbishing as well as a service but these are all items that would have been done for another customer.

 

Agreed a price of £9k with a £1k deposit, I tried to cancel same day and was told no - this was before any work could have been booked in, which is all done in house.

[liverpoolluke]

you maybe able to chargeback on the debit card I'm guessing you paid the car dealer directly and not via a third party (such as paypal ect)

[Conniff]

There are a lot of experienced people on this motoring section. Can you tell us the name of the car dealer and you will get responses letting you know if it is a known difficult dealer or not and if you will have a fight.

 

Can you get a friend to pop into the dealer and take a look around to see if the car is still there and if any remedial work has progressed ?

[sk1804]

Would rather keep the name etc to myself as wouldn't want them to potentially find out that I am asking for advice on the internet.

 

What are my options? I've emailed them a couple of times now asking for a response and stating that I will pursue all avenues but am yet to hear back 3 days later.

 

I did call them 4hrs after I put the part payment down to cancel so am unwilling to consider the cost of any work already carried out. On that phone call I offered a partial refund and they declined.

[liverpoolluke]

you hopefully have an invoice from your deposit payment are there any term's on there ? I know you can return a car within 30 days so I'm guessing you should be able to get a refund on the deposit

[sk1804]

you hopefully have an invoice from your deposit payment are there any term's on there ? I know you can return a car within 30 days so I'm guessing you should be able to get a refund on the deposit

 

No terms on the invoice or website, or mentioned verbally.

 

Have emailed a few times now and had no reply. What's the next step?

 

I spoke to bank and they can't charge back for another week or so.

 

Do I just apply through the small claims court to get the money back?

 

Thanks!

[liverpoolluke]

first of all wait for your bank to action a chargeback in a weeks time

 

write to the garage and ask them if they have a ADR service in place (it is a legal requirement)

 

if all this fails you then send the garage a LBA (letter before action) telling him your intention's, should he ignore this then you can proceed to small claims court