Question Regarding Deposits - Are they Refundable in Certain
Discussion
Hi Guys,
I agreed to buy a second hand car from a gentleman for £2400 and paid a deposit of £400 20/8/2010. The advert described the car as being mint condition. On Friday September 10th before I was due to pick up the car the seller contacted me and said: 'when you come, I would recommend bringing a jerry can to fill with fuel just incase. The car doesnt like running sometimes with 1/4 of a tank'. Upon further probing Jon claimed ‘.....the pump wont keep up with the carbs. Its not designed for that'. This problem was not mentioned at time of sale and the car was described as an ‘everyday runner’ and ‘mint condition’ in the advert.
In light of this new information I backed out of the sale and requested my deposit back as it was not mentioned at time of sale even though I asked about such issues. I specifically asked the seller if there were any problems with the car and we discussed the only two problems he claimed the car had (rev counter and fuel gauge).
I have asked for my deposit back as a result of this new information as I no longer wish to purchase the car under those circumstances and the seller has refused to reimburse me the deposit The seller sold the car to someone else 3 days later and still refuses to pay my deposit back to me. The other day he emailed me offering me £200 of the deposit as a gesture of good will. I declined this offer and filed to take the seller to small claims court. I have spoken to two solicitors and they have said i am entitled to a refund because the car was missold. Three days ago the seller emailed me offering me my £400 as he is planning on travelling around Australia for a few months and doesnt want the claim hanging over his head. I didnt see the email straight away and when i did it was too late. I emailed back saying i would cancel the claim if he refunded my £400 deposit and re-imbursed me £35 (cost of filing the claim).
The seller never responded and i have since received papers from the courts saying the seller is willing to defend the whole case and let it go to to court. I emailed him offering him a final chance of just refunding me my £400.00 and forgetting about the £35, but i gave him till this weekend to decide.
I have since been on a car forum and have been reading posts from the new owner of the vehicle who has already got problems with the fuelling of the vehicle and has broken down when the car says the tank is 1/2 full.
What do you guys think?
Am i in the right or not?
I agreed to buy a second hand car from a gentleman for £2400 and paid a deposit of £400 20/8/2010. The advert described the car as being mint condition. On Friday September 10th before I was due to pick up the car the seller contacted me and said: 'when you come, I would recommend bringing a jerry can to fill with fuel just incase. The car doesnt like running sometimes with 1/4 of a tank'. Upon further probing Jon claimed ‘.....the pump wont keep up with the carbs. Its not designed for that'. This problem was not mentioned at time of sale and the car was described as an ‘everyday runner’ and ‘mint condition’ in the advert.
In light of this new information I backed out of the sale and requested my deposit back as it was not mentioned at time of sale even though I asked about such issues. I specifically asked the seller if there were any problems with the car and we discussed the only two problems he claimed the car had (rev counter and fuel gauge).
I have asked for my deposit back as a result of this new information as I no longer wish to purchase the car under those circumstances and the seller has refused to reimburse me the deposit The seller sold the car to someone else 3 days later and still refuses to pay my deposit back to me. The other day he emailed me offering me £200 of the deposit as a gesture of good will. I declined this offer and filed to take the seller to small claims court. I have spoken to two solicitors and they have said i am entitled to a refund because the car was missold. Three days ago the seller emailed me offering me my £400 as he is planning on travelling around Australia for a few months and doesnt want the claim hanging over his head. I didnt see the email straight away and when i did it was too late. I emailed back saying i would cancel the claim if he refunded my £400 deposit and re-imbursed me £35 (cost of filing the claim).
The seller never responded and i have since received papers from the courts saying the seller is willing to defend the whole case and let it go to to court. I emailed him offering him a final chance of just refunding me my £400.00 and forgetting about the £35, but i gave him till this weekend to decide.
I have since been on a car forum and have been reading posts from the new owner of the vehicle who has already got problems with the fuelling of the vehicle and has broken down when the car says the tank is 1/2 full.
What do you guys think?
Am i in the right or not?
you're entirely in the right. Its not even that he witheld information, you asked of any problems, he said no. He lied. You deserve every penny back, especially considering he has sold the car already, meaning he is no worse off by you (rightfully) backing out of the deal.
Might be worth bringing the new owner along to discuss the issues with the car incase the seller tries to deny it.
Might be worth bringing the new owner along to discuss the issues with the car incase the seller tries to deny it.
Well I saw the vehicle advertised on eBay so it's like any item on there, you don't usually see it before you buy it. I spoke to the seller on the phone and he never mentioned this problem and if I went down to look at it I'm pretty sure I wouldn't have seen it or noticed it. He had a problem clearly and decided to notify me of it after paying a deposit. A bit like "oh by the way the car isn't right" sort of thing.
If and when I get my money back I think I am due the full amount and not £365 technically....
If and when I get my money back I think I am due the full amount and not £365 technically....
Edited by shepcobain on Thursday 23 September 20:48
Well I saw the vehicle advertised on eBay so it's like any item on there, you don't usually see it before you buy it. I spoke to the seller on the phone and he never mentioned this problem and if I went down to look at it I'm pretty sure I wouldn't have seen it or noticed it. He had a problem clearly and decided to notify me of it after paying a deposit. A bit like "oh by the way the car isn't right" sort of thing.
If and when I get my money back I think I am due the full amount and not £365 technically....
If and when I get my money back I think I am due the full amount and not £365 technically....
Edited by shepcobain on Thursday 23 September 20:48
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