Getting deposit back from Dealer
Discussion
I paid a £2K deposit for a car that slipped away from stock the next day, so accepted one that was already on order within the dealers group, but the car had to be re-directed to the individual dealership.
After nearly 2 weeks, I realised that I was in no way excited about the car and that it was not for me...I was influenced by the quality of the cars and the dealerships etc.
I have contacted the dealer first by e-mail and then conversation about my decision. They were not unsurprisingly unhappy, and told me that I could not just walk away from a $50k car sale just like that. I quoted the consumer rights act, and that you have a right to change your mind.
The car had actually (alledgedly) arrived at the dealer earlier than they had advised me, and the day after I sent the e-mail.
Anyhow, as far as I understand it if the dealer has incurred costs then theses can be deducted from the deposit, for which I am happy to accept, and I have made this clear...but I have had no response to this offer for about a week now.
Short of threatening the car dealer with bad publicity, or legal action, is there anything I can do. Oh yes, I did sign an order form, but this was a single multi-copy page and no specific terms and conditions were attached or that I was made aware of.
After nearly 2 weeks, I realised that I was in no way excited about the car and that it was not for me...I was influenced by the quality of the cars and the dealerships etc.
I have contacted the dealer first by e-mail and then conversation about my decision. They were not unsurprisingly unhappy, and told me that I could not just walk away from a $50k car sale just like that. I quoted the consumer rights act, and that you have a right to change your mind.
The car had actually (alledgedly) arrived at the dealer earlier than they had advised me, and the day after I sent the e-mail.
Anyhow, as far as I understand it if the dealer has incurred costs then theses can be deducted from the deposit, for which I am happy to accept, and I have made this clear...but I have had no response to this offer for about a week now.
Short of threatening the car dealer with bad publicity, or legal action, is there anything I can do. Oh yes, I did sign an order form, but this was a single multi-copy page and no specific terms and conditions were attached or that I was made aware of.
You have made some sort of agreement with the dealer.
It depends on what's written on the receipt for the deposit or on the paperwork/contract you signed.
In my experience branded main dealers will refund deposits without question.
Indy dealers don't like giving the money back.
But it all comes down to reading the paperwork.
It depends on what's written on the receipt for the deposit or on the paperwork/contract you signed.
In my experience branded main dealers will refund deposits without question.
Indy dealers don't like giving the money back.
But it all comes down to reading the paperwork.
CTE said:
I paid a £2K deposit...As far as I understand it if the dealer has incurred costs then theses can be deducted from the deposit, for which I am happy to accept, and I have made this clear...
The costs to the dealer of bringing a new car into stock that was never planned for without a customer order against it can easily run to in excess of a couple of thousand pounds, between daily stocking charges, funding plan costs if it goes fully paid, the cost of possibly self-registering and remarketing as a pre-reg etc... When I was in the trade the agreement was based on a car normally with chassis and or reg numebr on the paper work. That car is no longer available and so you are not in contract.
If the car the is any different ie colour model etc then it should be easy as your contract was based on the one they slipped away from stock.
If the car the is any different ie colour model etc then it should be easy as your contract was based on the one they slipped away from stock.
jbsportstech said:
When I was in the trade the agreement was based on a car normally with chassis and or reg numebr on the paper work. That car is no longer available and so you are not in contract.
Reading the OP, I don't think that is relevant in this case. The dealership could not perform by supplying the original car, and the OP accepted the variation to a different one. A contract still stands.Does the paperwork the OP signed contain the terms of the deposit? If the deposit formed what was effectively a pre-paid liquidated damages clause, refundable against the balance of the price on completion, I'm not sure what recourse he would have in this situation? I presume if that were the correct analysis, the dealer would then be under no obligation to mitigate any losses.
btsidi said:
daemon said:
Randomthoughts said:
If UK and you've never seen the actual car then there's sod all they can do.
...except not return the depositbtsidi said:
daemon said:
Randomthoughts said:
If UK and you've never seen the actual car then there's sod all they can do.
...except not return the depositAnd, on that note, are you aware of what types of transactions that the Distance Selling Regs refer to?
This thread is becoming the definition of incorrect hearsay of consumer law.
Thanks for your initial thoughts and comments. I did not think to mention that it is one of the mainstream UK dealer networks.
I did not quote any specific "consumer rights act", just simply that I was aware that under the rights...etc but maybe I do not have any as mentioned above. I need to get hold of the full terms from the order form. It was to be a company car purchase so the paperwork is in the office so will try to get hold of it in the next few days.
I said the original car "slipped" away...I went to the dealer to see a recent second hand car that I liked, but upon arrival was told it had just been sold. To be fair to them I turned up a day or so earlier than I had previously mentioned.
They then said they would do a great deal on another similar car, so we sat down and went through a number of stock cars (within the dealer group). We identified a couple, but the first had just been sold. So we identified another and the dealer made the call to the sister dealer, but the sales manager at the time could not answer the call, so perhaps foolishly I agreed to pay a deposit. This was on Saturday 5th of April, but we did not find out until the Monday from the sister dealer that the car had also been sold!. I do not think the dealer I was dealing with tried too hard to secure this car. Anyhow, they offered another (which was a stock order for a sister dealer), which I accepted. It was in build and was due in around Easter time, and I notified them of my change of mind on the 13th of April.
I need to check some of my facts but it sounds as though I have not actually signed an order for the car that arrived?
I did not quote any specific "consumer rights act", just simply that I was aware that under the rights...etc but maybe I do not have any as mentioned above. I need to get hold of the full terms from the order form. It was to be a company car purchase so the paperwork is in the office so will try to get hold of it in the next few days.
I said the original car "slipped" away...I went to the dealer to see a recent second hand car that I liked, but upon arrival was told it had just been sold. To be fair to them I turned up a day or so earlier than I had previously mentioned.
They then said they would do a great deal on another similar car, so we sat down and went through a number of stock cars (within the dealer group). We identified a couple, but the first had just been sold. So we identified another and the dealer made the call to the sister dealer, but the sales manager at the time could not answer the call, so perhaps foolishly I agreed to pay a deposit. This was on Saturday 5th of April, but we did not find out until the Monday from the sister dealer that the car had also been sold!. I do not think the dealer I was dealing with tried too hard to secure this car. Anyhow, they offered another (which was a stock order for a sister dealer), which I accepted. It was in build and was due in around Easter time, and I notified them of my change of mind on the 13th of April.
I need to check some of my facts but it sounds as though I have not actually signed an order for the car that arrived?
PurpleMoonlight said:
If you agreed to purchase the new car over the telephone and are yet to see it or sign any agreement to purchase, then you are covered by the DSR and you can cancel and are entitled to your deposit back that presumably was transferred from the previous failed sale.
Except if it's a company car, it's a business transaction and not covered by the DSRs.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff