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.
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?
Firstly I apologise for not giving all the information being questioned...I am not trying to hide anything, but probably do not know much about the legal side of things compared to some of you so have only said what I thought was relevant.
The car was to be purchased as a company car with a suitable finance deal, but I chose to pay the initial securing deposit after two cars had slipped away, it was a Saturday so I could not get my colleague to make the payment by BACs and my colleague was on holiday after the weekend for a few days, plus my company credit card did not have enough credit...and even the car that I paid the deposit against also failed to materialise.
The order form I signed did have terms and conditions on the back but as yet I have not been able to get hold of these.
I have just received a letter from the dealer basically asking if there is anything they can do to retrieve the situation...and no there is not.
They then go on to say that under their terms "Forfieture of deposit" which deals with failure to take and pay for goods within 7 days of being informed that the vehicle is ready for collection, and that I have breached these terms...
There appear to be two issues here, one is that I have not signed any terms relating to the particular vehicle, although from one of your comments, clearly I have intended to order a vehicle and I accepted the actual vehicle specification etc. I cannot remember right now whether this was by e-mail aswell as verbally, so maybe the contract has been carried over to the new vehicle because of the intent?
The second problem is that I informed them (by e-mail) that I had changed my mind the day before the vehicle arrived at their depot, and they absolutely had not informed me it was ready for collection. The vehicle had infact turned up a week or so earlier than they had previously said, so I thought I was giving them reasonable notice.
Oh yes, the car in question was a Boxster S...a beautifully put together car and a great all rounder, but after a week or so of cooling down (after paying the deposit), it occurred to me that I was in no way excited about the arrival of the car which just did not feel right...this was after all a car of my choice. I subsequently saw, drove, and bought an Exige S Roadster...it`s as rough as rats from the refinement point of view, but in carbon grey it is a stunning thing and a complete rush whenever you drive it. I think a Boxster will suit me better when I start drawing a pension!
Much of this still comes down to me confirming the terms and conditions, but I get the impression they are going to play hardball about the deposit...i.e. wanting to keep it all (as said before, I do not mind them keeping a reasonable amount). I had already half resigned myself to this being the result but at the same time I have played it pretty fair. One thing is for certain, I will not be buying a car from them in the future if they do not play the game more reasonably.
The car was to be purchased as a company car with a suitable finance deal, but I chose to pay the initial securing deposit after two cars had slipped away, it was a Saturday so I could not get my colleague to make the payment by BACs and my colleague was on holiday after the weekend for a few days, plus my company credit card did not have enough credit...and even the car that I paid the deposit against also failed to materialise.
The order form I signed did have terms and conditions on the back but as yet I have not been able to get hold of these.
I have just received a letter from the dealer basically asking if there is anything they can do to retrieve the situation...and no there is not.
They then go on to say that under their terms "Forfieture of deposit" which deals with failure to take and pay for goods within 7 days of being informed that the vehicle is ready for collection, and that I have breached these terms...
There appear to be two issues here, one is that I have not signed any terms relating to the particular vehicle, although from one of your comments, clearly I have intended to order a vehicle and I accepted the actual vehicle specification etc. I cannot remember right now whether this was by e-mail aswell as verbally, so maybe the contract has been carried over to the new vehicle because of the intent?
The second problem is that I informed them (by e-mail) that I had changed my mind the day before the vehicle arrived at their depot, and they absolutely had not informed me it was ready for collection. The vehicle had infact turned up a week or so earlier than they had previously said, so I thought I was giving them reasonable notice.
Oh yes, the car in question was a Boxster S...a beautifully put together car and a great all rounder, but after a week or so of cooling down (after paying the deposit), it occurred to me that I was in no way excited about the arrival of the car which just did not feel right...this was after all a car of my choice. I subsequently saw, drove, and bought an Exige S Roadster...it`s as rough as rats from the refinement point of view, but in carbon grey it is a stunning thing and a complete rush whenever you drive it. I think a Boxster will suit me better when I start drawing a pension!
Much of this still comes down to me confirming the terms and conditions, but I get the impression they are going to play hardball about the deposit...i.e. wanting to keep it all (as said before, I do not mind them keeping a reasonable amount). I had already half resigned myself to this being the result but at the same time I have played it pretty fair. One thing is for certain, I will not be buying a car from them in the future if they do not play the game more reasonably.
An update and conclusion;
Upon checking the terms of the contract that was signed agianst the car for which the deposit was paid, the terms were 14 days from the dealer notifying the customer that the car is ready for collection, the customer must pay in full. If not the dealer must refund the deposit, and then claim back any expences.
The dealer was reminded of these terms, and ultimately agreed by them, so I have paid very reasonable expences, and got the balance of my deposit back. A fair and sensible outcome.
Thanks for your contributions.
Upon checking the terms of the contract that was signed agianst the car for which the deposit was paid, the terms were 14 days from the dealer notifying the customer that the car is ready for collection, the customer must pay in full. If not the dealer must refund the deposit, and then claim back any expences.
The dealer was reminded of these terms, and ultimately agreed by them, so I have paid very reasonable expences, and got the balance of my deposit back. A fair and sensible outcome.
Thanks for your contributions.
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