Dealer won't refund desposit in full.
Dealer won't refund desposit in full.
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Discussion

skilly1

Original Poster:

2,904 posts

225 months

Saturday 18th October 2014
quotequote all
This is posted on behalf of a friend!

Over the phone a deal was agreed on a car, taking another car is a part exchange. £400 deposit paid over the phone by debit card with both buyer and seller saying cars need to be as described.

When the buyer arrived the dealer said the part exchange car was in worst condition than described and wanted more money. Buyer said no as he car was in worse condition as well and so sale did not go ahead. Dealer said he would sort out refund later as boss was not there.

Dealer now saying he is not going to refund in full as he had costs associated with getting the car ready for sale - tax and other stuff?

Buyer does not know what to do, he has offered to take £300 back for messing him about but dealer has said that is not enough.

Should he pursue through small claims? Do not think there is any paperwork involved, some text messages and proof of bank transfer and that is about it.

Any suggestions?

anonymous-user

84 months

Saturday 18th October 2014
quotequote all
You can claim back the payment made via the debit card, talk to the bank. This is similar to a credit card in this respect.

The car tax is an interesting one as the rules have changed, will be interested in how that one is resolved.

PurpleMoonlight

22,362 posts

187 months

Saturday 18th October 2014
quotequote all
This is a distance sale and the potential buyer is entitled to cancel the sale for any reason. The dealer is obliged to refund in full.

I suggest your friend puts this in writing to the dealer. If they still refuse then sue their arses.

nottyash

4,671 posts

225 months

Saturday 18th October 2014
quotequote all
I bought an MX5 with a deposit over the phone on the strength of the garage owners word and pictures in advert.
When I arrived I noticed rust on both rear arches, and interior door trim split and hanging off.
Funny how he was washing it when I arrived at 6pm so it was wet to disguise the arch bubbles.
He had told me no rust whatsoever.
I asked for refund to which he agreed, but then couldn't because he couldnt work the card machine.
He promised to do a bank transfer later but didn't.
I rang the bank who refunded my money immidiatly.
He had also taken a bigger deposit than I agreed on the phone to, so this was the reason the bank were able to act.

skilly1

Original Poster:

2,904 posts

225 months

Monday 20th October 2014
quotequote all
Thanks for the messages. We will see what happens next...