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Old 20 February 2008, 20:48   #1
Scoobedoo
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Default Loose deposit if change your mind?

Hi,

Okay, test drove a car, was completely taken with it to the extend I put a deposit down on a car after a stonking test drive (£1000) but the next day had second thoughts.

Told the dealer who said tough sheet and has refused to refund the deposit. They reckon they have already ordered the car but I know they wouldn't of as they were pending my finance agreement (which i don't think would have been signed off as my credit rating is low). If the finance didn't clear then they would refund my deposit.

Deposit was paid for on credit card.

Do we reckon my deposit is recoverable?
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Old 20 February 2008, 21:07   #2
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A deposit is there to prevent a dealer loosing money...

For example say you see a car you want.. You tell the dealer you want it, 2 mins later someone else comes along.. Dealer says its sold, and you never come back. Dealer loses a sale.

So a deposit secures it for you and covers him incase you just change your mind. Although toi be fair thats a big deposit, I usually stick £50 - £200 on a car depending on its value to hold it til I can get the funds togethe!
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Old 20 February 2008, 21:10   #3
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Quote:
Originally Posted by Scoobedoo View Post
Hi,

Okay, test drove a car, was completely taken with it to the extend I put a deposit down on a car after a stonking test drive (£1000) but the next day had second thoughts.

Told the dealer who said tough sheet and has refused to refund the deposit. They reckon they have already ordered the car but I know they wouldn't of as they were pending my finance agreement (which i don't think would have been signed off as my credit rating is low). If the finance didn't clear then they would refund my deposit.

Deposit was paid for on credit card.

Do we reckon my deposit is recoverable?

have you completed the credit form yet?

If not go through he motions, just tell some serious lies on the application, they will refuse you and deal is off
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Building the "mystery machine" 430.6 BHP and counting...

Last edited by cookstar; 20 February 2008 at 21:13.
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Old 20 February 2008, 21:31   #4
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Up to them as you have driven the car so cannot use distance selling laws 14 cooling off period to get round this.

Different if you had not.


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Old 20 February 2008, 21:49   #5
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Could try contacting you card issuer, they are usually pretty helpful.
Best of luck
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Old 21 February 2008, 00:18   #6
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Go through the motions with porkies as above -the deal won't happen - deposit returned.
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Old 21 February 2008, 07:43   #7
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Ouch, Id do the same, go through the mtions and tell some lies that will put the finance company off!


Why did you change your mind on the car might i ask?
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Old 21 February 2008, 08:44   #8
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Just to point out that apart from potential legal issues with lying on the finance claim (fraud), your already low credit rating will suffer even more if you apply for this credit and are refused . Then again, I wouldnt like to lose £1000.
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Old 21 February 2008, 08:47   #9
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you've 28 days to change yr mind. see trading standards info.

why a £1000 deposit- last car I bought (from subaru) I paid a £100 deposit.

then again I wasn't doing any finance nonsense though so maybe they saw me as no risk ???
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Old 21 February 2008, 10:49   #10
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I always though that you paid 10% on anything for it to be held its kinda an unwritten law!
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Old 21 February 2008, 10:53   #11
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Personally i would imagine the deposit is gone. That is the reason for a deposit.

Lesson learnt, never leave a deposit if you're not 100% sure, or are prepared to kiss goodbye to it.

I've left £100 deposits for £16k+ cars.

Sorry, just realised this post doesn't help you much.
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Old 21 February 2008, 11:41   #12
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I once asked this qustion and was told the dealer would have to prove he was going to be out of pocket if you cancel the deal this would probably only be the case if he had ordered a car that he couldn't sell to anyone else for the price.

It might also help to check with credit card company as it may be classed as a credit agreement which might entitle you to a cooling off period.

Check with Consumer Direct too they are helpful

Last edited by HOWY; 21 February 2008 at 11:43. Reason: addition
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Old 21 February 2008, 23:10   #13
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I had a customer do this to me and I contacted consumer direct and asked their advice. They said that if the customer had simply changed their mind then keeping up to 10% of the sale price would be acceptable.

In my particular case I decided to give them a credit note against another car and they came back 3 months later and bought another car. Worked for me because I still got a deal and worked for the customer too because they didn't lose their money.

Maybe you could come to a similar arrangement with this dealer?
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Old 21 February 2008, 23:16   #14
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You offered to buy the car and AS AN ACT OF GOOD FAITH you handed over a deposit. Contract made - you are both legally bound. You change your mind, you lose (rather than loose) the deposit.

Get a grip says "get a grip"
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Old 22 February 2008, 06:44   #15
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Seek proper advise.

What would have happened if the dealer made a mistake and 'sold' it to you for the wrong (too low) price? They'd try and get out of the 'contract' for sure, even if you had put a deposit down. I think you may have a chance if they haven't ordered the car.
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Old 22 February 2008, 07:27   #16
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You should have slept on it and then made a decision the next day. From somebody who sells to the public sector that often changes it's mind and in the process I lose thousands, I donít really have any sympathy for you.

Lesson learnt!
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Old 22 February 2008, 11:07   #17
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You paid a deposit against and order, and cancelled the order, you loose the deposit, that is what you put the deposit on for, an Uncle was taken to court by a Punter over just such an issue, it got thrown out and my uncle kept the money.

Simon
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Old 22 February 2008, 16:20   #18
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same happened to my girlfriend except it was 200. Contact consumer direct they will tell you what to do. my girl also wrote to the dealer head office to complain about the treatment from branch staff. Got full refund and the staff were dealt with. there not allowed by law to just keep ur money there just trying to pull a fast one and hope u just except it
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Old 22 February 2008, 16:24   #19
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Quote:
Originally Posted by Sclarke View Post
I had a customer do this to me and I contacted consumer direct and asked their advice. They said that if the customer had simply changed their mind then keeping up to 10% of the sale price would be acceptable.

In my particular case I decided to give them a credit note against another car and they came back 3 months later and bought another car. Worked for me because I still got a deal and worked for the customer too because they didn't lose their money.

Maybe you could come to a similar arrangement with this dealer?
you dont need to accept a credit note you are entitled to ur money back You wou;d be entitled to ur money if u had bought the whole thing cash then returned the car a few days later.


buying a car is no different than buying anything else if u change ur mind ur entitled to a full refund
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Old 22 February 2008, 16:29   #20
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?????????????????

these type of people wind me up


do people not understand what a deposit is??

ffs, the amount of times i have refused somebody a deposit back because im paying somebody to sit down for an hour and do FECK ALL because a punter "changed his mind"



IIRC (was told this a long time back) even if somebody made an apointment over the phone and never turned up, the seller would be entitled by law to send a bill for "time lost" or something along them lines
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Old 22 February 2008, 16:32   #21
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ps. we now have a large sign on the wall with "deposit information" on it and i would assume the dealer has something to this effect.
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Old 22 February 2008, 16:48   #22
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ok first off loose v lose as it is all through this thread. phew, needed that, sorry.

Secondly, did you put any "subject to" on the deposit? I paid one subject to scertain things being made possible by the dealer, they couldn't do it so i got the cash back no problem.

You could always say you'll be off to trading standards as you felt pressured to sign at the time which to be honest you probably did. every salesman will give it the "i've had a word with the manager...." and "if you do the deal today...." etc etc.

5t.
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Old 22 February 2008, 16:49   #23
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I once lost a £200 deposit on a car because I changed my mind (on the first Scoob I almost bought in fact!) This was a private sale, albeit one with a motor trader. I'm now a lot more cautious about putting down deposits!

I think £1000 is a bit steep for a deposit though, so perhaps you could pursue that angle. AFAICR we put a £250 deposit down when we bought our S2000, and that's a £28,000 car.
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Old 22 February 2008, 17:01   #24
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As much as i want to sympathise with you, I cant. If i put myself as the dealer I would never refund you back regardless of whether i have gone ahead with ordering the car or not. Why put a deposit down in the first place, the whole purpose of deposit is more or less like an agreement between two parties. Youve paid so he doesnt sell the car to someone else or in the case of a new car you are paying a deposit giving them the go ahead to continue with the order etc. This is time wasting as well and time = money. Furthermore, I had someone do this to me when they wanted to buy my car. Infact it happened to me twice and the first time i felt really hurt by the actions of the potential buyer. He test drove the car, come to see it three times, wasted my time, loved the car and with no reason backed out of a deal. The second time i took a deposit of 300 pounds and the dude did a similar thing. I refused to give him his monmey back, he made may threat which i laughed off and to be hoenst was 300 pounds better off as luckily a week and a half later someone else bought the car.

Likewise i dont know where you stand legally but i wouldnt return the money.

Sorry if i come across a little abrupt but i hope you understand where im coming rom

rant over
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Old 22 February 2008, 17:27   #25
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Quote:
Originally Posted by Averroes View Post
As much as i want to sympathise with you, I cant. If i put myself as the dealer I would never refund you back regardless of whether i have gone ahead with ordering the car or not. Why put a deposit down in the first place, the whole purpose of deposit is more or less like an agreement between two parties. Youve paid so he doesnt sell the car to someone else or in the case of a new car you are paying a deposit giving them the go ahead to continue with the order etc. This is time wasting as well and time = money. Furthermore, I had someone do this to me when they wanted to buy my car. Infact it happened to me twice and the first time i felt really hurt by the actions of the potential buyer. He test drove the car, come to see it three times, wasted my time, loved the car and with no reason backed out of a deal. The second time i took a deposit of 300 pounds and the dude did a similar thing. I refused to give him his monmey back, he made may threat which i laughed off and to be hoenst was 300 pounds better off as luckily a week and a half later someone else bought the car.

Likewise i dont know where you stand legally but i wouldnt return the money.

Sorry if i come across a little abrupt but i hope you understand where im
coming rom

rant over
No doubt he is entitled to his money call consumer direct they will tell you the same. So you think it is ok for the dealer to get 1000 pounds for nothing i dont think so.

For the rest on here that dont want to return the money, they are dealers them self and we all know what there like crooks through and through.

What is it they say never trust a car salesman because lets face it if they had any brains they would get a proper job.
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Old 22 February 2008, 17:28   #26
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I think £1000 is quite a lot to lose without putting up something of a fight.

Even if you only got 1/2 of it back, it'd be something.

Talk with Consumer Direct. Before you do that. Look at any documentation or receipts you've got from leaving the deposit but make sure you talk with Consumer direct and/or a solicitor.

I think the spelling/grammar errors have cooled everyone off, no-one's suggested paint stripping the dealer's entire stock yet!

J.
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Old 22 February 2008, 17:32   #27
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Quote:
Originally Posted by black subaru 06 View Post
No doubt he is entitled to his money call consumer direct they will tell you the same. So you think it is ok for the dealer to get 1000 pounds for nothing i dont think so.

For the rest on here that dont want to return the money, they are dealers them self and we all know what there like crooks through and through.

What is it they say never trust a car salesman because lets face it if they had any brains they would get a proper job.
As i said in my post i dont know where he stands legally and furthermore would not be talking as a car trader but as someone who is selling anything. If someone gives me a deposit, the only reason they would do so is to give me enough confidence in them completing the purchase. Regardless of doin squat all, why waste someone elses time. I agree salepeople are like vultures but thats besides the point. Also the dpeosit is way too excessive but even that is not the point im making.

Simply put shouldnt have wasting next mans time
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Old 22 February 2008, 17:36   #28
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Quote:
Originally Posted by AngloSaxon View Post
Just to point out that apart from potential legal issues with lying on the finance claim (fraud), your already low credit rating will suffer even more if you apply for this credit and are refused . Then again, I wouldnt like to lose £1000.
can't be fraud if you do not benefit from the answers you give as the finance co will not lose anything and these answers are quite independent of the garage.
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Old 22 February 2008, 17:40   #29
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[

"IIRC (was told this a long time back) even if somebody made an apointment over the phone and never turned up, the seller would be entitled by law to send a bill for "time lost" or something along them lines[/quote]

You most certainly would not get any court in the land to pay for time lost. The judge would say that if you have opening times you'd be there whether or not someone walks in off the street or makes an appointment - its called overheads.
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Old 22 February 2008, 18:04   #30
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Quote:
Originally Posted by noobyscooby View Post
[

"IIRC (was told this a long time back) even if somebody made an apointment over the phone and never turned up, the seller would be entitled by law to send a bill for "time lost" or something along them lines
You most certainly would not get any court in the land to pay for time lost. The judge would say that if you have opening times you'd be there whether or not someone walks in off the street or makes an appointment - its called overheads.[/quote]

Wrong.

If you book a table at an exclusive restaurant and don't turn up then they are able to claim from you for the loss of earnings.
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Old 22 February 2008, 18:04
 
 
 
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