Motor traders - need opinion
Motor traders - need opinion
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Discussion

XJR500bhp

Original Poster:

1,205 posts

240 months

Thursday 9th October 2014
quotequote all
Hi there

Quick question to motor traders and perhaps everyone really. Recently sold a car as trade, gentleman came to view car from London (I'm based in Sussex) and he liked the car and agreed to buy it, very nice chap and he agreed he'd send me £100 deposit once he's home as no cash on him. OK so off he went, and sure enough next day I received a deposit. Six days passed (In which time I took the car off the web and turned away the two bits of interest I had) and he arranged to come get car, to help out I agreed to pick him up from nearest train station 12 miles away and bring him to unit. On arrival he tried to transfer the funds online (It was 8pm) and was unsuccessful. I gave him Barclays details, Natwest and even a friends Nationwide and his bank couldn't send funds. Completely out of options I took him back to station. 48 hours later he contacts me to say he wants to pull out of deal and wants deposit back. I offer to drive the car up to London for £50 travel cost so that someone can follow me up and bring me back (£50 would barely cover the petrol in two cars, but I was being helpful). He told me this wouldn't work and still wants the money returned. I have not agreed to refund the £100 deposit as I have un-advertised car, would need to re-advertise it, have rejected interest and my time and petrol taking him to and from station. Can anyone let me know if I'm in the wrong here, because as far as I can tell I have been as amicable as I can. Regards

Edited to add it's a registered business, fully insured with working premises. I am a trader and sold to a private buyer, just to clear that up

Edited by XJR500bhp on Thursday 9th October 11:48


Edited by XJR500bhp on Thursday 9th October 11:58

Toaster Pilot

14,867 posts

188 months

Thursday 9th October 2014
quotequote all
Do you have a signed order form or anything like that?

I'm inclined to say you'd be entitled to keep the deposit but it depends how much of an easy life you want - might be easier to just refund him and save the hassle

rallycross

13,757 posts

267 months

Thursday 9th October 2014
quotequote all
He has lost his deposit and is clearly a messer.
Tell him that he has lost his deposit and next time he tries to buy a car from someone have the funds ready to go.

TVR1

5,478 posts

255 months

Thursday 9th October 2014
quotequote all
XJR500bhp said:
Hi there

Quick question to motor traders and perhaps everyone really. Recently sold a car as trade, gentleman came to view car from London (I'm based in Sussex) and he liked the car and agreed to buy it, very nice chap and he agreed he'd send me £100 deposit once he's home as no cash on him. OK so off he went, and sure enough next day I received a deposit. Six days passed (In which time I took the car off the web and turned away the two bits of interest I had) and he arranged to come get car, to help out I agreed to pick him up from nearest train station 12 miles away and bring him to unit. On arrival he tried to transfer the funds online (It was 8pm) and was unsuccessful. I gave him Barclays details, Natwest and even a friends Nationwide and his bank couldn't send funds. Completely out of options I took him back to station. 48 hours later he contacts me to say he wants to pull out of deal and wants deposit back. I offer to drive the car up to London for £50 travel cost so that someone can follow me up and bring me back (£50 would barely cover the petrol in two cars, but I was being helpful). He told me this wouldn't work and still wants the money returned. I have not agreed to refund the £100 deposit as I have un-advertised car, would need to re-advertise it, have rejected interest and my time and petrol taking him to and from station. Can anyone let me know if I'm in the wrong here, because as far as I can tell I have been as amicable as I can. Regards
how exactly are you selling cars 'as trade' to members of the public? I'm afraid you are the sort of 'trader' that gives the Motor Trade in general a bad name.

VAT or income tax?

Nors

1,291 posts

185 months

Thursday 9th October 2014
quotequote all
£100 Deposit was to secure the car pending full payment. He was unable to conclude the deal, £100 lost!! Simples! You took the car out of circulation and potential sales lost waiting on him concluding the deal - which he didn't - money's yours!

If it was £100 deposit pending viewing the car which he didn't take after viewing for whatever reason, then you'd give it back.

singlecoil

35,832 posts

276 months

Thursday 9th October 2014
quotequote all
Tell him to get stuffed, I'm surprised he even has the cheek to ask.

XJR500bhp

Original Poster:

1,205 posts

240 months

Thursday 9th October 2014
quotequote all
TVR1 said:
how exactly are you selling cars 'as trade' to members of the public? I'm afraid you are the sort of 'trader' that gives the Motor Trade in general a bad name.

VAT or income tax?
How do I give motor traders a bad name? It's a registered business trading one year with many happy customers.

Edited to add I'm fully insured, trade plates and working premises

JakeThePeg

4,089 posts

152 months

Thursday 9th October 2014
quotequote all
He gave you £100 as a deposit to buy the car, during this time you took the car off of the market and turned down deals. Then he pulls out and wants his deposit back? Well seeing as you'll now need to relist the car and pay PH/Autotrader/Ebay, plus clean it again (probably) it's not like you're making anything out of it.

Stand firm, he messed you about, and as collateral, you kept deposit to put in back into position you were in before he came along.

gilbo

460 posts

230 months

Thursday 9th October 2014
quotequote all
A deposit is in my opinion non refundable. It's for holding purposes. Not for the buyer to go away and have a think, stopping any other potential buyers, then welch out of the deal. Tell him he can have £100 back but you'll be billing him £100 for admin! biggrin

XJR500bhp

Original Poster:

1,205 posts

240 months

Thursday 9th October 2014
quotequote all
I am inclined to just send it back anyway and save the hassle.

TooMany2cvs

29,008 posts

156 months

Thursday 9th October 2014
quotequote all
XJR500bhp said:
TVR1 said:
how exactly are you selling cars 'as trade' to members of the public? I'm afraid you are the sort of 'trader' that gives the Motor Trade in general a bad name.

VAT or income tax?
How do I give motor traders a bad name? It's a registered business trading one year with many happy customers.

Edited to add I'm fully insured, trade plates and working premises
"Sold as trade", though, suggests that you're trying to avoid SOGA responsibilities on this one...

rallycross

13,757 posts

267 months

Thursday 9th October 2014
quotequote all
XJR500bhp said:
I am inclined to just send it back anyway and save the hassle.
That just perpetuates the problem of idiots like this messing people around.

Fast Bug

13,599 posts

191 months

Thursday 9th October 2014
quotequote all
You can only sell cars as 'trade' to other motor traders.

I'm surprised the usual PH anti-motor traders haven't tried to lynch you yet laugh


XJR500bhp

Original Poster:

1,205 posts

240 months

Thursday 9th October 2014
quotequote all
rallycross said:
That just perpetuates the problem of idiots like this messing people around.
I know but I don't want him getting upset and painting a bad picture of my business. This is the first time this has happened, and I need to stop the barrage of texts, and just move on

XJR500bhp

Original Poster:

1,205 posts

240 months

Thursday 9th October 2014
quotequote all
Sorry totally worded that wrong. I'm a trader and sold the car to a private buyer, it's not a trade sale

xRIEx

8,180 posts

178 months

Thursday 9th October 2014
quotequote all
What is the sale price of the car? £100 doesn't strike me as a large amount for a deposit on something like a car, the whole idea is to hold the car to complete the sale - he didn't complete the sale, loses the deposit. If it was completely refundable in every situation then it kind of undermines the entire idea of requesting/placing a deposit anyway.

If it was a significantly larger amount, say £500-£1000+ then in your place I may refund some of that but keep some for admin, hassle and lost opportunity. For £100, he should have checked his bank balance more closely.

XJR500bhp

Original Poster:

1,205 posts

240 months

Thursday 9th October 2014
quotequote all
Car was £4300. I'd usually ask for 10% deposit and send him an invoice for this amount with balance still payable, but because we chatted for ages about other interests and genuinely got on, I wasn't too fussed. (lesson learnt there)

Anyway to up date I have refunded him. Simply because £100 is not worth him bad mouthing the business.

Thank you for your opinions

Denis O

2,141 posts

273 months

Thursday 9th October 2014
quotequote all
What were the terms of the deposit?

If non refundable then keep the £100. If refundable then return the £100.

Toaster Pilot

14,867 posts

188 months

Thursday 9th October 2014
quotequote all
XJR500bhp said:
Anyway to up date I have refunded him. Simply because £100 is not worth him bad mouthing the business.

Thank you for your opinions
Right decision IMO.

danp

1,652 posts

292 months

Thursday 9th October 2014
quotequote all
Denis O said:
What were the terms of the deposit?

If non refundable then keep the £100. If refundable then return the £100.
This is what the PH wisdom told me when I had similar a few years ago, guess it's worth adding to any future receipts.