Car dealer refuses to refund £500 deposit...

Car dealer refuses to refund £500 deposit...

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Discussion

e8_pack

1,384 posts

180 months

Thursday 4th June 2015
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On this thread we have car salesmen, couple of solicitors, creative writers, fantasy novelists and what appears to be some kind of law teacher who has probably never practiced.

Ukipdefect

109 posts

107 months

Thursday 4th June 2015
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Taken my advise op?

JustinP1

13,330 posts

229 months

Thursday 4th June 2015
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Jasandjules said:
JustinP1 said:
Must admit, I've never heard of someone at the CAB refer to Chitty before! smile
Half the lawyers won't either.....
Quite!

I have to say in having experience in dealing with a good number of solicitors, nine times out of ten your common or garden local solicitor is not well versed in contract law - often not even anything past the absolute basics, and are awful at litigating.

JustinP1

13,330 posts

229 months

Thursday 4th June 2015
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iamed said:
The point is though that there is no breach of contract as such, so no need to prove losses. There is a pre-arranged agreement to cover what should happen if the buyer does not want to complete the sale - the seller keeps the £500 and it's all within the terms of the contract.
Not quite. There is a breach of contract.

Additionally, as I mentioned before, liquidated damages clauses are a good way to inform about costs of breach, however, I think the drafting in this case falls short of explaining it clearly enough to be a liquidated damages clause to be relied upon.

At very best, all it explains is the possibility of losing the deposit in an informative way.

btcc123

1,243 posts

146 months

Thursday 4th June 2015
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It seams to me this is a main car dealership we are talking about on this thread.What I do not understand is when you order a new car and pay a deposit you can cancel the order and get your deposit back at any time even if you have ordered lots of options that may make the car harder to sell and the dealership does not try to seek any losses etc just gives you your money back.

I appreciate the OP was wrong as he did not ask the salesman if the deposit was refundable or read the terms and conditions of the deposit paperwork but why do they have a different policy for new and second hand cars.

I think you need to persuade these people the right thing is to give you your deposit back and do not think they would claim any losses from you as it is not very good customer service if their practices were communicated on the local radio,TV and newspapers.

I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.

This thread is on page 12 now and the OP last replied on page 3 so that tells a story that perhaps there is not a story.

buyer&seller

768 posts

177 months

Friday 5th June 2015
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btcc123 said:
I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.
Would you really and do you think this remedy would be legal do you?

buyer&seller

768 posts

177 months

Friday 5th June 2015
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e8_pack said:
On this thread we have car salesmen, couple of solicitors, creative writers, fantasy novelists and what appears to be some kind of law teacher who has probably never practiced.
And then there's you, what are your qualifications then?

e8_pack

1,384 posts

180 months

Friday 5th June 2015
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[quote=buyer&seller]
btcc123 said:
I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.
Would you really and do you think this remedy would be legal do you?
Of course not. It just merely highlights the aggravation caused by withholding a deposit that he could do without, there's plenty of foolish scenarios banded about in favor of the salesman, so this evens things up IMO.

Chris Almighty. A dealer selling the car a week later for less and coming after the guy who's lost his deposit for another couple of grand is just utter utter garbage, I think if dealers did that on a regular basis they'd need to sell behind a fortress.

I'm glad I don't live in these fantasy world's some people think we should live in.

e8_pack

1,384 posts

180 months

Friday 5th June 2015
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[quote=buyer&seller]
e8_pack said:
On this thread we have car salesmen, couple of solicitors, creative writers, fantasy novelists and what appears to be some kind of law teacher who has probably never practiced.
And then there's you, what are your qualifications then?
I live in the real world.

DBSV8

5,958 posts

237 months

Friday 5th June 2015
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btcc123 said:
I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.
[quote=buyer&seller] Would you really and do you think this remedy would be legal do you
taffin said:
Is your Fire insurance up to date ?.............thought not
it worked in "Taffin""


scratchchin



Edited by DBSV8 on Friday 5th June 08:32

paintman

7,669 posts

189 months

Friday 5th June 2015
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btcc123 said:
I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.
Threats to damage property. Maximum penalty 10 years imprisonment.
Section 2 Criminal Damage Act 1971. http://www.legislation.gov.uk/ukpga/1971/48

Does seem the OP has lost interest! Wonder if he got anywhere?

balls-out

3,586 posts

230 months

Friday 5th June 2015
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btcc123 said:

I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.
Yes good plan. Whenever I've made a mistake and/or don't like the law of the land, I find that resorting to extortion and threats is the best approach.

If that fails, escalation to physical violence is sure to do the trick. I wonder if the dealer has any child, always a soft target, I would demand another £500 of my trouble too.

buyer&seller

768 posts

177 months

Friday 5th June 2015
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e8_pack said:
[quote=buyer&seller]
e8_pack said:
On this thread we have car salesmen, couple of solicitors, creative writers, fantasy novelists and what appears to be some kind of law teacher who has probably never practiced.
And then there's you, what are your qualifications then?
I live in the real world.
Really, looking at your comments on this thread I wonder.

markmullen

15,877 posts

233 months

Friday 5th June 2015
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btcc123 said:
I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.
Ridiculous suggestion and one likely to see you getting a visit from the cops.

Also what if it turns out the dealer is even more lawless than you and suggests that the other alternative is you get your legs broken.

All this for a £500 deposit you face losing because your word is worthless and you entered a contract whose obligations you've decided you don't want to fulfill.

Sheepshanks

32,522 posts

118 months

Friday 5th June 2015
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markmullen said:
Also what if it turns out the dealer is even more lawless than you and suggests that the other alternative is you get your legs broken.
Used car dealers are usually pretty dodgy so the above is quite likely.

Butter Face

30,191 posts

159 months

Friday 5th June 2015
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btcc123 said:
I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.
Hilarious roflrofl

buyer&seller

768 posts

177 months

Friday 5th June 2015
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Sheepshanks said:
markmullen said:
Also what if it turns out the dealer is even more lawless than you and suggests that the other alternative is you get your legs broken.
Used car dealers are usually pretty dodgy so the above is quite likely.
You really are a kcensoredb aren't you?

Red Devil

13,055 posts

207 months

Friday 5th June 2015
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ging84 said:
I knew someone would bring this st up
That guidance was not archived it is still the current CMA guidance on the subject
The CMA replaced the OFT last year, does not mean everything the OFT ever published is now void
Anyone who relies on the gov.uk website for authority is sadly deluded. Have a look at the thread about the correct process re the V5C when selling a car to a buyer who is resident outside the UK.

Chimune

3,159 posts

222 months

Friday 5th June 2015
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paintman said:
Does seem the OP has lost interest!
Well that makes two of us......



wolves_wanderer

12,356 posts

236 months

Friday 5th June 2015
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balls-out said:
I would suggest to them that it would be cheaper and more convenient to give you your deposit back than to come into work one morning and find all 100 second hand cars on the forecourt have scratches on every panel so you will not have any cars to sell as they all require a full respray ans plenty of communication that all your second hand cars have been resprayed.
"I have your home address and plenty of petrol. Your move Einstein."