S.75 and a car deposit.
S.75 and a car deposit.
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Louis Balfour

Original Poster:

28,176 posts

251 months

Thursday 16th December 2021
quotequote all

S.75 covers purchases up to £30k.

But would it cover a deposit of £2k for a car in excess of £30k, if the sale did not proceed?






Simpo Two

92,708 posts

294 months

Thursday 16th December 2021
quotequote all
Not sure, but it might depend on the reason the sale didn't proceed - ie which party pulled out.

You may as well get your case together and try!

New boat eh? wink

Louis Balfour

Original Poster:

28,176 posts

251 months

Thursday 16th December 2021
quotequote all
Simpo Two said:
Not sure, but it might depend on the reason the sale didn't proceed - ie which party pulled out.

You may as well get your case together and try!

New boat eh? wink
Have another read of what I wrote.


Mojooo

13,291 posts

209 months

Thursday 16th December 2021
quotequote all
Louis Balfour said:
S.75 covers purchases up to £30k.

But would it cover a deposit of £2k for a car in excess of £30k, if the sale did not proceed?
No, the transaction has to be capped at 30k

I believe there is a S75a which covers 30k to 60k or so but its protection is not as good.


Simpo Two

92,708 posts

294 months

Thursday 16th December 2021
quotequote all
Louis Balfour said:
Have another read of what I wrote.
Boat, car, helicopter... does consumer law distinguish between them?

I put it to you Sir that you are indeed planning to buy a new boat but wish to keep it a secret!

Burwood

18,718 posts

275 months

Friday 17th December 2021
quotequote all
Louis Balfour said:
S.75 covers purchases up to £30k.

But would it cover a deposit of £2k for a car in excess of £30k, if the sale did not proceed?
Possibly but unlikely (given it didn't proceed). Did you use some sort of credit for the deposit? You can be covered up to £62,260(75a) if there is a linked credit contract such as finance obtained via the dealer. Then there is a link between the actual purchase and the credit.

Chargeback may help you if you ccd the deposit. It's not law but a code which cc companies sign up to and is protection for damaged, non delivered goods and services. No limit.

Section 75 is strictly limited to the total consideration being no more than 30k. So absolutely not covered by S75

Louis Balfour

Original Poster:

28,176 posts

251 months

Friday 17th December 2021
quotequote all
The situation is:

Car purchase for £95k. It’s a good car but it has fallen into the hands of some absolute spivs.

I want to pay a deposit but be sure that if they renege on the deal I will see it back without hassle. Their online reviews suggest that returning deposits is not their strong suit.

Any tips chaps?

CharlesElliott

2,261 posts

311 months

Friday 17th December 2021
quotequote all
No. My reading of S75 and S75a is that they do not apply if the total cost of the purchase is >30K and >60K respectively.

Burwood

18,718 posts

275 months

Friday 17th December 2021
quotequote all
Louis Balfour said:
The situation is:

Car purchase for £95k. It’s a good car but it has fallen into the hands of some absolute spivs.

I want to pay a deposit but be sure that if they renege on the deal I will see it back without hassle. Their online reviews suggest that returning deposits is not their strong suit.

Any tips chaps?
All I can suggest is you draft a one pager outlining what the deposit is for and the conditions in which it must be returned such as failing an inspection. why do you need to pay a deposit at all. Ask to have company X inspect and go from there. If the deposit is only 2k it won't stop them selling to another buyer anyway. As I mentioned, Chargeback can recover any CC and most debit card purchases. If they are confident in the car then they will be ok agreeing to your terms for the deposit return. If you have that then the card company must play ball