North West Automobiles Blackburn Ltd - Deposit issues - couldnt get ins so cancelled before we even saw the car - dealership are saying deposit is non refundable.

[BankFodder]

I agree with my site team colleague above – @dx100uk that this is a distance sale. You can't cancel the cooling off period by going along to collect the item. That's ridiculous.

I also agree my site team colleague that one should not buy a vehicle without seeing it – and also paying for it by casual bank transfer is a – Big Fail!

Follow the link used car guide to see what we have to say about buying a used car and what happens when you pay by bank transfer or you pay by cash.

This is a distance sale.

Write them a letter immediately – confirming the cancellation of the purchase which you informed them about on XXX date. Make it clear to them that this was a distance sale and contrary to what they have tried to say to you, you cannot nullify a distant sale cooling off period by visiting the premises after the contract is made.

Send them this letter straightaway. Make sure that you have a record of it being sent. Send it by email as well if you want.

Let us know if there has been any reply in the next four or five days. Don't set any deadlines though.

Start reading this forum about the steps involved taking a small claim in the County Court.
Start drafting a letter of claim.

Be prepared to issue a court action in the small claims court.

Give your son a slap – and make sure that he is thoroughly involved in this claims process so that he acquire transferable skills, develops a bit of maturity and also becomes confident about suing anybody else who gets in his way.

[BankFodder]

Stick exactly to what was suggested.

I suggest that you prepare a letter of claim and have it ready to send on Monday.

 

[BankFodder]

You don't need templates. There is loads of information here about letters of claim and lots of examples .

We do everything here completely free of charge. If you are going to another source of help such as Which? then you should stick with them rather than try to ride two horses at the same time

The people who put the stuff up at the Which magazine are paid. We aren't.

Taking advice from two different sources will result in inconsistency and confusion.

Stick with the Which? magazine.  

Come back here if you decide that they are not for you and you want to take your lead from us.

 

 

[BankFodder]

1 hour ago, dekd123 said:

 

The claimant agreed to remotely purchase a purchased a used car specifically a Volvo C30, registration plate DE11 PLN from the defendant on the 13^th July, 2023.
The agreement was entered into over the telephone and therefore is subject to the distance selling regulations in place at that time under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The defendant specifically requested a deposit of £500 by bank transfer and which was made via mobile banking

The claimant withdrew from the contract 2 days later on the 15^th July and before delivery of the vehicle had taken place.

The defendant has refused to accept the cancellation of the contract and refuses to return the deposit of £500.

The claimant seeks the refund of £500 plus interest pursuant to section 69 County Courts act 1984 plus court costs.

Why aren't you claiming interest? Are you trying to do them a favour?

Also, you need to be very clear about the name and address of the company that you are suing. Some of these used-car dealers are very slippery in terms of their company name, their address and the location of their assets.

 

Also, who is the claimant in this case – you or your son?

[BankFodder]

Please upload the defence in PDF format. Redacted for your own identifiers if you want

[BankFodder]

Also please upload your claim form in PDF format

[BankFodder]

They clearly have got some adults to prepare their defence for them.

I don't think you need to worry too much. Also I'm not sure that they are telling lies in the way that you suggest. I think that they are presenting a certain interpretation of the facts.

It will be helpful if you could lay out in a bullet pointed chronology – a point by point explanation of exactly how the transaction went.

No narrative please.

In terms of the defence, there is now nothing to do until you get the directions questionnaire.

You can decide either to go to mediation or to go to trial. Let us know when the DQ arrives

[BankFodder]

Thank you. Could you now please respond bullet pointed fashion – paragraph by paragraph to the allegations contained in the defence.

Just facts. No narrative

Also please can you tell us about this supervisor and what they would say in a statement