Trader, Used Car, Deposit being kept.

[JZZ30]

Just today went to look at a car. Worked out a deal and shook on it.

Deal involved me trading in. Paid £300 cash deposit. All detailed on invoice. *Invoice states deposits are non refundable

Agreed new (used) car would be collected tomorrow with the balance paid by debit card.

This is a smallish independent trader on an industrial unit with 20+ cars.

Driving away, I get a call from trader asking me to go back. Once back, they tell me trade in is a cat D and they can't pay what they have said. OK, fair enough, I say, I'll just have deposit back.

They refuse, offer me reduced price for my trade in, or leave it with them to sell first then do a deal! I say no, but they point blank refused to give me my money back. Quite surreal, I can't believe this has happened after reading things like this many times on here.

Anyway - Options? Advice please. Call a soliciter?

[eybic]

I seem to remember that when I worked in a dealership, we used to try the "non refundable" line but whenever pressed, the money would be refunded. He's gone back on the deal, not you so imo, he should refund you.

[jamoor]

eybic said:

I seem to remember that when I worked in a dealership, we used to try the "non refundable" line but whenever pressed, the money would be refunded. He's gone back on the deal, not you so imo, he should refund you.

this.

He should have checked it before agreeing the trade in.

[JZZ30]

eybic said:

he should refund you.

jamoor said:

this.

He should have checked it before agreeing the trade in.

Yes, but I was there for 15 minutes saying (arguing) how mental it was that they were changing the deal and not giving me my money back. He just said they were offering reasonavble solutions (£1200 less!, or leave my car with them untill they sell it for a decent price!). And they weren't paying back my deposit.

[Hughesie]

Did you share with them that your car was a cat d ?
Did you know your car was a cat d ?

[eybic]

Take legal action then, they have reneged on the deal, not you. Your deposit was left on the understanding that the deal was as agreed, that was the "contract" you agreed to, they changed the deal therefore the contract no longer exists.

[Jonno02]

A phonecall to citizens advice and trading standards will sort that out. Wait X amount of weeks for a TS officer to visit them, you'll get your cash back and if that's found to be common practice with them, they'll get a nice little fine too.

[JZZ30]

Hughesie said:

Did you share with them that your car was a cat d ?
Did you know your car was a cat d ?

I did know.

No, I didn't share - I genuinely forgot (believe it not), nor did they ask, but doesn't whatever service they use tell them when they stick the number plate in?

[TooMany2cvs]

JZZ30 said:

Just today went to look at a car. Worked out a deal and shook on it.

Deal involved me trading in. Paid £300 cash deposit. All detailed on invoice. *Invoice states deposits are non refundable

Agreed new (used) car would be collected tomorrow with the balance paid by debit card.

This is a smallish independent trader on an industrial unit with 20+ cars.

Driving away, I get a call from trader asking me to go back. Once back, they tell me trade in is a cat D and they can't pay what they have said. OK, fair enough, I say, I'll just have deposit back.

They refuse, offer me reduced price for my trade in, or leave it with them to sell first then do a deal! I say no, but they point blank refused to give me my money back. Quite surreal, I can't believe this has happened after reading things like this many times on here.

Anyway - Options? Advice please. Call a soliciter?

You've agreed to sell him your car and buy a car from him.
You've paid a non-refundable deposit to back that up.
He's now discovered something you knew but didn't tell him about your car - and is reducing his offer for it as a result.

All agreed, and nothing unfair there?

You're now trying to back out of the deal. Fine. But you've paid a deposit, and that deposit is non-refundable. So you would expect to lose that, right...?

The deposit wasn't refundable if you turn out not to have told him something important. It was non-refundable. Full stop. Nothing's actually changed about the deal, bar he's discovered something very relevant which you knew but omitted to tell him.

[n17ves]

TooMany2cvs said:

JZZ30 said:

Just today went to look at a car. Worked out a deal and shook on it.

Deal involved me trading in. Paid £300 cash deposit. All detailed on invoice. *Invoice states deposits are non refundable

Agreed new (used) car would be collected tomorrow with the balance paid by debit card.

This is a smallish independent trader on an industrial unit with 20+ cars.

Driving away, I get a call from trader asking me to go back. Once back, they tell me trade in is a cat D and they can't pay what they have said. OK, fair enough, I say, I'll just have deposit back.

They refuse, offer me reduced price for my trade in, or leave it with them to sell first then do a deal! I say no, but they point blank refused to give me my money back. Quite surreal, I can't believe this has happened after reading things like this many times on here.

Anyway - Options? Advice please. Call a soliciter?

You've agreed to sell him your car and buy a car from him.
You've paid a non-refundable deposit to back that up.
He's now discovered something you didn't tell him about your car - and is reducing his offer for it as a result.

All agreed, and nothing unfair there?

You're now trying to back out of the deal. Fine. But you've paid a deposit, and that deposit is non-refundable. So you would expect to lose that, right...?

The deposit wasn't refundable if you turn out not to have told him something important. It was non-refundable. Full stop. Nothing's actually changed about the deal, bar he's discovered something you omitted to tell him.

Did you know your car was CatD?

Exactly that.

Intentionally or not, it looks like you’ve attempted to put the wool over the traders eyes.

CAT D cars are generally worth about 25% less, maybe more as a trade in when considering the hassle it may take to sell. How much was the car that you were trading in? ….£1,200 less doesn’t sound bad, unless the car was only worth £2k in the first place.

[JZZ30]

It's him reneging on the deal. He does this for a living, If there is a detail so important to the deal he should ask.

But I get that is an alternative viewpoint, and apparently his.

I asked him to give me a price on my car - he asked does it drive OK? Does the gearbox shift up and down through all the gears? I answered yes.

[twing]

OP - did you sign the part-ex declaration at the bottom of the order ford? You know...the bit that confirms it's not been involved ia total loss

[mikeveal]

TooMany2cvs said:

You've agreed to sell him your car and buy a car from him.
You've paid a non-refundable deposit to back that up.
He's now discovered something you knew but didn't tell him about your car - and is reducing his offer for it as a result.

All agreed, and nothing unfair there?

You're now trying to back out of the deal. Fine. But you've paid a deposit, and that deposit is non-refundable. So you would expect to lose that, right...?

The deposit wasn't refundable if you turn out not to have told him something important. It was non-refundable. Full stop. Nothing's actually changed about the deal, bar he's discovered something very relevant which you knew but omitted to tell him.

This is sadly utterly irrelevant. The trader is the one backing out of the contract, so the trader does not have the right to retain the deposit.
Shame really, as the OP is the one morally at fault.

[PurpleMoonlight]

TooMany2cvs said:

You've agreed to sell him your car and buy a car from him.
You've paid a non-refundable deposit to back that up.
He's now discovered something you knew but didn't tell him about your car - and is reducing his offer for it as a result.

All agreed, and nothing unfair there?

You're now trying to back out of the deal. Fine. But you've paid a deposit, and that deposit is non-refundable. So you would expect to lose that, right...?

The deposit wasn't refundable if you turn out not to have told him something important. It was non-refundable. Full stop. Nothing's actually changed about the deal, bar he's discovered something very relevant which you knew but omitted to tell him.

I rather thought it was the dealer backing out on the agreed deal.

There is no legal requirement for the OP to volunteer information about his car, just answer questions honestly. The dealer is supposed to be a professional.

[Butter Face]

Where's that shmee popcorn gif when you need it

[HantsRat]

[Butter Face]

Cheers

[JZZ30]

Excellent, I've never had a popcorn thread

[mcg_]

I'd say the trader should just give you the money back.

BUT, my arse you forgot it was cat d!!!! very handy thing to forget.

[TooMany2cvs]

PurpleMoonlight said:

There is no legal requirement for the OP to volunteer information about his car, just answer questions honestly.

That rather depends on what the OP signed, and whether it includes verification that the car is not a write-off...