Car Deposit on 5 Series gone wrong - help
Car Deposit on 5 Series gone wrong - help
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Pistonheader101

Original Poster:

2,206 posts

137 months

Sunday 9th August 2015
quotequote all
Just need a bit of advice.
I went to go view a 520D msport last week, was in mint condition and everything checked out okay. I put down a deposit and would collect it today.

This morning when I went to collect it, I noticed considerable damage on the rear bumper that wasn't there last week, nor was it in the photos they uploaded online. I pointed this out and asked the sales rep what happened and they fully denied anything happened and that's how it was? I showed him the pictures off auto trader and he simply wouldn't accept it. Neither him nor the manager would give the deposit back nor were willing to get it fixed and stated If I didn't pay for the car today(7days deposit), I would lose the deposit.

Me being me, I simply took the keys off the desk and told them they'd get it back once I get my deposit back and then proceeded to set off home. What kind of trouble could I get in with the police, or is it a civil matter?



Jonno02

2,262 posts

139 months

Sunday 9th August 2015
quotequote all
Phone citizens advice first thing tomorrow and let Trading Standards take over.

PorkInsider

6,631 posts

171 months

Sunday 9th August 2015
quotequote all
Pistonheader101 said:
.

Me being me, I simply took the keys off the desk and told them they'd get it back once I get my deposit back and then proceeded to set off home. What kind of trouble could I get in with the police, or is it a civil matter?
Are you saying that you've stolen the car off them??

catman

2,504 posts

205 months

Sunday 9th August 2015
quotequote all
Distance regs, how? He went to see the car and put a deposit on it. Distance regs only apply if you don't go to the Dealers to buy.

Tim

dingg

4,561 posts

249 months

Sunday 9th August 2015
quotequote all
bookmarked

methinks this is going to be a good 'un

laugh


Mojooo

13,291 posts

210 months

Sunday 9th August 2015
quotequote all
Just to confirm

a) the damage was there but you didnt see it at first inspection

b) the damage has been done since you paid the deposit

?

JulianHJ

8,871 posts

292 months

Sunday 9th August 2015
quotequote all
Depends on how much of a cowboy outfit the dealer is. As has been said, they could get a new key cut with your deposit and delete the key you have from the car. Not sure if £500 would cover new locks all round or not.

If they call the police it might get written off as a 'civil matter' before it goes anywhere. That's not to say you might not get nicked though, as the police will only have whatever info the dealer chooses to give.

How did you pay the deposit? If it's on a card then you may be in luck - call your bank and explain (maybe leave out your appropriation of the key).

In any event, call trading standards in the morning.

Now where's that popcorn smiley.

Durzel

12,999 posts

198 months

Sunday 9th August 2015
quotequote all
Pistonheader101 said:
Me being me, I simply took the keys off the desk and told them they'd get it back once I get my deposit back and then proceeded to set off home. What kind of trouble could I get in with the police, or is it a civil matter?
Well, it's theft plain and simple. You didn't steal the car but the keys are their property.

ging84

9,548 posts

176 months

Sunday 9th August 2015
quotequote all
You made it very clear you were rejecting the car for valid reasons, you had no right to take the keys, but they had no right to keep your deposit, sounds like a civil dispute.

Return the keys as soon as they open tomorrow, but make it very clear to them you are rejecting the car because it was not in the condition it was in when you agreed to purchase it, and that you expect your deposit to be returned in full, and if they don't return it you will be taking them to court for the deposit and costs.

Pistonheader101

Original Poster:

2,206 posts

137 months

Sunday 9th August 2015
quotequote all
Mojooo said:
Just to confirm

a) the damage was there but you didnt see it at first inspection

b) the damage has been done since you paid the deposit

?
I went to see the car last week and all was fine. When I went today, the rear bumper was damaged.

Pistonheader101

Original Poster:

2,206 posts

137 months

Sunday 9th August 2015
quotequote all
anonymous said:
[redacted]
hi whats distance regs? It was £300 and was non-refundable deposit.

TooMany2cvs

29,008 posts

156 months

Sunday 9th August 2015
quotequote all
Ring them first thing tomorrow morning - or, even better, go in there in person. Apologise profusely for acting like a total muppet, and give them the keys back.

THEN, and only then, explain again the problem with the bumper. Is it even remotely possible that you didn't notice the damage when you viewed? Honestly...?

How bad is the bumper? What age and price is the car?

Mojooo

13,291 posts

210 months

Sunday 9th August 2015
quotequote all
Pistonheader101 said:
I went to see the car last week and all was fine. When I went today, the rear bumper was damaged.
Pretty straightforward - they are not providing the product as described so they are in breach of contract. The risk is with them until they delvier the goods.

Problem is proving that the fault wasn't there when you agreed to buy.

Funkycoldribena

7,379 posts

184 months

Sunday 9th August 2015
quotequote all
TooMany2cvs said:
Ring them first thing tomorrow morning - or, even better, go in there in person. Apologise profusely for acting like a total muppet, and give them the keys back.

THEN, and only then, explain again the problem with the bumper. Is it even remotely possible that you didn't notice the damage when you viewed? Honestly...?

How bad is the bumper? What age and price is the car?
Why the bloody hell should he apologise profusely????

Charlie1986

2,106 posts

165 months

Sunday 9th August 2015
quotequote all

anonymous-user

84 months

Sunday 9th August 2015
quotequote all
Funkycoldribena said:
TooMany2cvs said:
Ring them first thing tomorrow morning - or, even better, go in there in person. Apologise profusely for acting like a total muppet, and give them the keys back.

THEN, and only then, explain again the problem with the bumper. Is it even remotely possible that you didn't notice the damage when you viewed? Honestly...?

How bad is the bumper? What age and price is the car?
Why the bloody hell should he apologise profusely????
Because he stole the keys to a car he didn't own?

btcc123

1,243 posts

177 months

Sunday 9th August 2015
quotequote all
Nyphur said:
Funkycoldribena said:
TooMany2cvs said:
Ring them first thing tomorrow morning - or, even better, go in there in person. Apologise profusely for acting like a total muppet, and give them the keys back.

THEN, and only then, explain again the problem with the bumper. Is it even remotely possible that you didn't notice the damage when you viewed? Honestly...?

How bad is the bumper? What age and price is the car?
Why the bloody hell should he apologise profusely????
Because he stole the keys to a car he didn't own?
What would you do if you looked at a car and it was in excellent condition including the bumpers and you left a £300 deposit.Went to pay the balance and collect the car and you noticed that the garage had either damaged the bumper or swapped the good one for a damaged one.

When they deny this you know they are 100% conning you and they say that they will not return your deposit.Do you just walk away as its not worth suing in court of £300 and in a small claims court as it will be his word against his.

If the OP was really conned and the bumper was changed I think he did the right thing and stand up to these lowlife that take advantage of people.The police will not be interested but just in case they are just tell them that you do not have their keys and that will be the end of the matter.

This is an example where it is best to take the law into your own hands if done sensibly and believe the OP will get his deposit back,


TooMany2cvs

29,008 posts

156 months

Sunday 9th August 2015
quotequote all
btcc123 said:
The police will not be interested but just in case they are just tell them that you do not have their keys and that will be the end of the matter.
Riiight.

anonymous-user

84 months

Sunday 9th August 2015
quotequote all
btcc123 said:
Nyphur said:
Funkycoldribena said:
TooMany2cvs said:
Ring them first thing tomorrow morning - or, even better, go in there in person. Apologise profusely for acting like a total muppet, and give them the keys back.

THEN, and only then, explain again the problem with the bumper. Is it even remotely possible that you didn't notice the damage when you viewed? Honestly...?

How bad is the bumper? What age and price is the car?
Why the bloody hell should he apologise profusely????
Because he stole the keys to a car he didn't own?
What would you do if you looked at a car and it was in excellent condition including the bumpers and you left a £300 deposit.Went to pay the balance and collect the car and you noticed that the garage had either damaged the bumper or swapped the good one for a damaged one.

When they deny this you know they are 100% conning you and they say that they will not return your deposit.Do you just walk away as its not worth suing in court of £300 and in a small claims court as it will be his word against his.

If the OP was really conned and the bumper was changed I think he did the right thing and stand up to these lowlife that take advantage of people.The police will not be interested but just in case they are just tell them that you do not have their keys and that will be the end of the matter.

This is an example where it is best to take the law into your own hands if done sensibly and believe the OP will get his deposit back,
It wouldn't be his word against theirs, as he had the pictures from the original advert.
You can't steal the keys to a car you don't own and think you're in the right.

Funkycoldribena

7,379 posts

184 months

Sunday 9th August 2015
quotequote all
Nyphur said:
Funkycoldribena said:
TooMany2cvs said:
Ring them first thing tomorrow morning - or, even better, go in there in person. Apologise profusely for acting like a total muppet, and give them the keys back.

THEN, and only then, explain again the problem with the bumper. Is it even remotely possible that you didn't notice the damage when you viewed? Honestly...?

How bad is the bumper? What age and price is the car?
Why the bloody hell should he apologise profusely????
Because he stole the keys to a car he didn't own?
And they stole his deposit by trying to sell a car that had been bashed since he viewed it.Good on him for taking the keys-they refund the 300,he gives the keys back,sounds fair to me.
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