Deposit put down on car and now refuses to return it!

[JandyA]

The initial message was deleted from this topic on 01 March 2018 at 20:11

[anonymous-user]

It would be nice of the dealer to refund it, but they’ve now spent money on the car prepping it etc and it’s not their fault the sale isn’t going through.

If deposits were refundable when the buyer changes their mind there would be no point in taking a deposit.

[Ryan_T]

Go through with the purchase of the car & use a credit card / loan to fix the boiler? The interest paid will be significantly less than the £200 she’ll lose otherwise.

I’m leaning with the garage here, there has to be some risk involved in leaving a deposit. If you could just request it to be returned if you change your mind it defeats the entire purpose!

Edited by Ryan_T on Thursday 1st March 19:12

[Toed64]

The dealer took the deposit in good faith that your daughter was going to buy the car. Your daughter has now breached this contract by withdrawing from the deal, so the dealer is within his rights to keep her deposit money.

[anonymous-user]

Another vote for the dealer being correct here: your daughter is breaking the contract and forfeiting the deposit is the cost to do so

[InitialDave]

Might her best solution be to get a small loan and proceed with the purchase? Assuming she can't get the deposit back, she would need to save up £1400 again to buy a £1400 car.

Right this minute, she would have to get hold of £1200 to buy this £1400 car.

Even at rather poor interest rates, a £1200 loan over a couple of years or less will be the same total outlay for her, and she'll have transport immediately.

[Sheepshanks]

JandyA said:

There was never any paperwork signed at the time as the deposit was placed after we viewed over the phone as she wanted to see other cars before putting the deposit down.... Therefore we have a few emails etc confirming deposit was received but at no time was this termed as non refundable.

They have to refund then. You may have to sue them though.

[dave_s13]

Ryan_T said:

Go through with the purchase of the car & use a credit card / loan to fix the boiler? The interest paid will be significantly less than the £200 she’ll lose otherwise.

I’m leaning with the garage here, there has to be some risk involved in leaving a deposit. If you could just request it to be returned if you change your mind it defeats the entire purpose!

Edited by Ryan_T on Thursday 1st March 19:12

The dealer's being a tt but I'd say do this.

You kinda need a car, you deffo need a boiler!

Can't you lend her the cash? My dad once spotted me £1600 for a new boiler when it broke just as were totally strapped from a big car and builder bill.

[steve-5snwi]

Dealer is within it's rights to retain the deposit, the only option is to see if they refund the deposit less any expenses incurred.

[aaron_2000]

Sheepshanks said:

They have to refund then. You may have to sue them though.

The point of a deposit is to A.) secure the car and B.) A safety net for the dealer in case the buyer has them do all the prep work to the car and then pull out, if all deposits were refundable when a buyer pulls out then deposits would be obsolete would they not? Who in their right mind would sue over £200 anyway? The dealer is 100% in the right to keep the deposit, for everyday that deposit was with them, that was them under the assumption that his daughter had intent to buy, each one of those days is a missed opportunity to sell the car.

[JandyA]

Thanks for all your comments everyone !

The seller is now saying that he doesn’t want to sell her the car as she has messed him around and he has found someone else.

I would have got my husband to give her the money but it looks like all hope is lost now.

I’ll have to fight my hardest to get the deposit back now . Grrr!

[JandyA]

It’s the principle ! £200 is a lot of money to my daughter and there is the moneyclaimsonline service to register a claim etc. Therefore I will be taking it all the way. Even if it is for just £20

[aaron_2000]

JandyA said:

Thanks for all your comments everyone !

The seller is now saying that he doesn’t want to sell her the car as she has messed him around and he has found someone else.

I would have got my husband to give her the money but it looks like all hope is lost now.

I’ll have to fight my hardest to get the deposit back now . Grrr!

JandyA said:

It’s the principle ! £200 is a lot of money to my daughter and there is the moneyclaimsonline service to register a claim etc. Therefore I will be taking it all the way. Even if it is for just £20

Again, the deposit is there to A.) secure the car and B.) Show the dealer that you have intent to buy, there'd be no point to a deposit if they had to give them back when the buyer decides the back out. The dealer is well within their rights to keep the deposit, just as they'd obviously sell the car when they're told it's no longer wanted. I don't see what the issue is here? That's how it works. The principal for them is they were lead along into prepping a car that wasn't bought, they could've and now have sold the car instead of it taking up room on their forecourt, they're in the right, you may not like it but that's how it works. You really have no leg to stand on when they've done absolutely nothing wrong.

[Butter Face]

JandyA said:

Thanks for all your comments everyone !

The seller is now saying that he doesn’t want to sell her the car as she has messed him around and he has found someone else.

I would have got my husband to give her the money but it looks like all hope is lost now.

I’ll have to fight my hardest to get the deposit back now . Grrr!

If he is now refusing to sell the car to her and has found another buyer then he really has to refund her deposit.

[grant8064]

JandyA said:

OK ... long story short and I am happy to hold my hands up if I am wrong!



Thanks !

So whilst it's been explained that, yes, you are wrong you're still going to pursue the dealership anyway through a money claim online service for a refund.

No wonder he wanted to sell it to someone else!

[anonymous-user]

JandyA said:

It’s the principle ! £200 is a lot of money to my daughter and there is the moneyclaimsonline service to register a claim etc. Therefore I will be taking it all the way. Even if it is for just £20

What, the principle that after backing out of an agreement it’s not fair to forefit a deposit? Good luck with that.

Give the £25 MCOL fee to your daughter to cushion the blow of losing the £200, it’s a far more realistic use of the money.

[Integroo]

charltjr said:

It would be nice of the dealer to refund it, but they’ve now spent money on the car prepping it etc and it’s not their fault the sale isn’t going through.

If deposits were refundable when the buyer changes their mind there would be no point in taking a deposit.

I have had numerous deposits refunded, though from large dealers rather than small. However, I always checked before putting them down that they were refundable! Sorry OP, if he never said it was refundable, you are out of luck (and I don't think it is unfair).

[JandyA]

Thread Closed, I'll take each answer on board and don't wish to enter into arguments with people bored and looking for a fight.

[Integroo]

JandyA said:

Thread Closed, I'll take each answer on board and don't wish to enter into arguments with people bored and looking for a fight.

People aren't looking for a fight by telling you you're wrong. If you took this attitude with the dealer, no wonder he wasn't in favour of returning your deposit or thereafter selling you the car!

[DoubleD]

So the thread is closed because you arent getting the answers that you were hoping for