Car not as described, won't issue refund.

[M15ley]

Hi all,

As the title says, I paid a deposit on a used car and subsequently found out the service history is false and not as described. I raised this with the dealer directly, he got very defensive, swore at me then hung up. I have asked for my deposit back but he is saying its not refundable. I've contacted trading standards and under the Consumer Rights Act 2015 I apparently have a 'right to reject' within 14 days.

I have made the dealer aware of this but I'm being ignored. Does anyone have any experience/advice for the recovery of my deposit in such circumstances?

Thanks in advance.
M

[Nickp82]

Did you sign anything during the process (i.e order form) and did you ever visit the dealership?

[OverSteery]

Start and maintain a log of all comms - like the call where he swore and hung up on you.

[zedx19]

If the dealer is being difficult, advise them you'll be filing a money claim online -> https://www.gov.uk/make-money-claim

A dealer cannot keep your deposit, you are well within your rights to expect a refund if the car is not as described.

[M15ley]

Nickp82 said:

Did you sign anything during the process (i.e order form) and did you ever visit the dealership?

I didn't visit the dealership, it was a phone transaction to secure the car.

[pavarotti1980]

M15ley said:

I didn't visit the dealership, it was a phone transaction to secure the car.

Ah so deposit paid over the phone to secure car.

When inspected in person discovered dealer telling porkie pies.

Did you buy the car and if so did you hand it back and get a refund minus deposit?

[designforlife]

did you pay by credit card? if so, section 75 is your friend in this scenario.

[M15ley]

pavarotti1980 said:

Ah so deposit paid over the phone to secure car.

When inspected in person discovered dealer telling porkie pies.

Did you buy the car and if so did you hand it back and get a refund minus deposit?

No, didn't get as far as buying the car as the red flags went up prior to this, but after the deposit.

[M15ley]

designforlife said:

did you pay by credit card? if so, section 75 is your friend in this scenario.

Unfortunately I paid by debit card - idiot that I am

[colin79666]

M15ley said:

Unfortunately I paid by debit card - idiot that I am

All is not necessarily lost. If a debit card your bank can try a chargeback.
http://www.theukcardsassociation.org.uk/individual...

[M15ley]

colin79666 said:

All is not necessarily lost. If a debit card your bank can try a chargeback.
http://www.theukcardsassociation.org.uk/individual...

Yes, I found this out from Trading Standards, however my sorry excuse for a bank said they can't complete a 'chargeback' as the transaction wasn't completed and no goods have changed hands. Needless to say I was stunned by this response and pointed out to them that had I completed the deal then their liability would have been many times that of the deposit - they didn't care!!

[Trevor555]

M15ley said:

colin79666 said:

All is not necessarily lost. If a debit card your bank can try a chargeback.
http://www.theukcardsassociation.org.uk/individual...

Yes, I found this out from Trading Standards, however my sorry excuse for a bank said they can't complete a 'chargeback' as the transaction wasn't completed and no goods have changed hands.

That's not right.

If your bank can do a chargeback for you then it would be for a different reason.

You've paid a holding deposit and since found out the car is miss described.

You'll need to send them proof, original sales advert etc...

Call your bank back and ask to speak to someone who has more experience.

I didn't know the banks can do chargebacks on debit card transactions.

Also go back to trading standards, try to get them involved. They can't help you get your money back but they can fine the dealer for not adhering to the rules.