Getting a deposit back?.
Discussion
Not sure where to post this but it's relevant to Ferrari so here goes.
I went to view a car at a dealers, who will remain nameless and inspected the car drove it and all seemed well. Came to look at the documents and for one reason or another they were not available.
Being the trusting type I agreed to leave a £500 deposit with the agreement that if the history on the car was straight I would purchase it. Anyway you guessed it the history was lets say in question so I go back to the dealer and suprise he's not available ignoring my calls and emails.
I did get a receipt for my deposit but didn't set out the condition on my part for purchase in writing, this because the dealer convinced me all was well.
What's the best course of action, opinions would be appreciated.
Cheers
Steve
I went to view a car at a dealers, who will remain nameless and inspected the car drove it and all seemed well. Came to look at the documents and for one reason or another they were not available.
Being the trusting type I agreed to leave a £500 deposit with the agreement that if the history on the car was straight I would purchase it. Anyway you guessed it the history was lets say in question so I go back to the dealer and suprise he's not available ignoring my calls and emails.
I did get a receipt for my deposit but didn't set out the condition on my part for purchase in writing, this because the dealer convinced me all was well.
What's the best course of action, opinions would be appreciated.
Cheers
Steve
Can you give us a clue as to who the dealer is? Is this a main dealer or Fez specialist? I know usually the mods arses go when a dealership name is used on a forum, especially if a poster is experiencing a problem. But this may help because some one may know the dealer and can advise from there.
i had similar issue with a local small back street garage, put a deposit on a civic on the basis it had a full service history. few days later they admitted they didnt have all the documentation but assured me it was 'ok'
cancelled the order, they stopped taking my calls etc and because i was worried about deposit spoke to consumer direct i think who told me to reject the car in writing stating the following
"time being of the essence" in reference to return of deposit.
worked in my case
cancelled the order, they stopped taking my calls etc and because i was worried about deposit spoke to consumer direct i think who told me to reject the car in writing stating the following
"time being of the essence" in reference to return of deposit.
worked in my case
ferrari spider said:
Can you give us a clue as to who the dealer is? Is this a main dealer or Fez specialist? I know usually the mods arses go when a dealership name is used on a forum, especially if a poster is experiencing a problem. But this may help because some one may know the dealer and can advise from there.
Don't think I should at this stage, might aggreivate things.Sports car dealer not main dealer tho.sone said:
ferrari spider said:
Can you give us a clue as to who the dealer is? Is this a main dealer or Fez specialist? I know usually the mods arses go when a dealership name is used on a forum, especially if a poster is experiencing a problem. But this may help because some one may know the dealer and can advise from there.
Don't think I should at this stage, might aggreivate things.Sports car dealer not main dealer tho.I dont know what the answer is. The forums are a good media in some ways, but in other ways......
I hope it all works out well for you bud.
if they can't supply the information required then they should return your deposit, they are probably rouges anyway and if they are out of order then name and shame as they shouldn't be in business.
however if you have paid a deposit and then changed your mind for reasons out of their control then take the lost deposit on the chin and move on. they may have lost chances to re sell it as they thought you were committed and turned business away.
only you'll know what happened!!
hope this helps!!
however if you have paid a deposit and then changed your mind for reasons out of their control then take the lost deposit on the chin and move on. they may have lost chances to re sell it as they thought you were committed and turned business away.
only you'll know what happened!!
hope this helps!!
EL77 said:
if they can't supply the information required then they should return your deposit, they are probably rouges anyway and if they are out of order then name and shame as they shouldn't be in business.
however if you have paid a deposit and then changed your mind for reasons out of their control then take the lost deposit on the chin and move on. they may have lost chances to re sell it as they thought you were committed and turned business away.
only you'll know what happened!!
hope this helps!!
I agree with all the above points however the mileage on this particular car was I was told by the dealer to be correct!. I did a check on the Vosa web site and found the car had covered 2k more mile at mot in 07 than the car was currently showing now.however if you have paid a deposit and then changed your mind for reasons out of their control then take the lost deposit on the chin and move on. they may have lost chances to re sell it as they thought you were committed and turned business away.
only you'll know what happened!!
hope this helps!!
While it would appear to be a clerical error that the issuing garage made, for me it blemished the history of the car and would/could make re-sale more difficult. My agreement was I would take the car if it's history was straight and intact in my opinion it is not.
This is not about the money but principal.
Steve
pacoryan said:
Was the mileage advertised? Use that and the evidence you have to show the vehicle wasn't as represented and it won't matter so much that your conditions were verbal.
Small claims court, off you go.
A solicitor's letter detailing the same might be quicker.
Good point, the advert and the receipt I have both refer to the mileage, off I jolly well go.Small claims court, off you go.
A solicitor's letter detailing the same might be quicker.
cheers
Steve
Steve - give Consumer Direct a call, they give advice on such things and have helped me in the past with a car sale issue I had once.
Another option is to go and face the garage.... I know in this case they're a little way away, but going up there with the evidence (advert, VOSA data, etc) and not leaving until they've given the money back could be worth the petrol money.
M
Another option is to go and face the garage.... I know in this case they're a little way away, but going up there with the evidence (advert, VOSA data, etc) and not leaving until they've given the money back could be worth the petrol money.
M
356Speedster said:
Steve - give Consumer Direct a call, they give advice on such things and have helped me in the past with a car sale issue I had once.
Another option is to go and face the garage.... I know in this case they're a little way away, but going up there with the evidence (advert, VOSA data, etc) and not leaving until they've given the money back could be worth the petrol money.
M
Cheers Mark I will give them a call.Another option is to go and face the garage.... I know in this case they're a little way away, but going up there with the evidence (advert, VOSA data, etc) and not leaving until they've given the money back could be worth the petrol money.
M
I am going to try to get hold of this bloke again during the week and see what happen's. What has unsettled me is that I found out recently that the same bloke failed to settle finance on a part ex deal that a friend of mine did a couple of years ago with him. He was forced eventually to sort it but took something like 8 months to do it. So my £500 seems like small fry.
Steve
When you handed the deposit over, did you get a recipt? if so have a look at the wording. It's not unheard of for a dealer on paper to offer an option to buy rather than accept a deposit.
If it were me I'd send a letter of complaint to the dealers registered office (recorded delivery) demanding the money back, stating the reasons and giving them 10 days to do so. If after 10 days you havent recieved the cheque go to https://www.moneyclaim.gov.uk/csmco/index.jsp and lodge a small claim against them, the cheque should arrive rather quickly after a summons arrives
If it were me I'd send a letter of complaint to the dealers registered office (recorded delivery) demanding the money back, stating the reasons and giving them 10 days to do so. If after 10 days you havent recieved the cheque go to https://www.moneyclaim.gov.uk/csmco/index.jsp and lodge a small claim against them, the cheque should arrive rather quickly after a summons arrives
AndrewW-G said:
When you handed the deposit over, did you get a recipt? if so have a look at the wording. It's not unheard of for a dealer on paper to offer an option to buy rather than accept a deposit.
If it were me I'd send a letter of complaint to the dealers registered office (recorded delivery) demanding the money back, stating the reasons and giving them 10 days to do so. If after 10 days you havent recieved the cheque go to https://www.moneyclaim.gov.uk/csmco/index.jsp and lodge a small claim against them, the cheque should arrive rather quickly after a summons arrives
Although some of what has been said is true, I have 22 years of selling caravans and motorhomes I would suggest the following:If it were me I'd send a letter of complaint to the dealers registered office (recorded delivery) demanding the money back, stating the reasons and giving them 10 days to do so. If after 10 days you havent recieved the cheque go to https://www.moneyclaim.gov.uk/csmco/index.jsp and lodge a small claim against them, the cheque should arrive rather quickly after a summons arrives
Small Claims court will mean you both have to compromise whether you like it or not - You may think your case is water tight but judges have a awful habit of coming to conclusions you don't expect them to do ( sometimes for good - sometimes for bad!)
Can I suggest ( from a dealers propective) you contact or visit the dealer and put the case again to them. If what you say is correct he really should have no problem with e refund. But from a Dealer prncipals view - it all depends on how the customer goes about it!!!
Good luck
Neil
Thanks for that,but I've made several attempts to contact the dealer and when we last spoke I told him due to the circumstances with the cars history (possibly clocked) I required my deposit back as agreed prior to me placing a deposit.
I don't want to have the hassle of going to law with this but I will out of principal.
Small Claims court will mean you both have to compromise whether you like it or not - You may think your case is water tight but judges have a awful habit of coming to conclusions you don't expect them to do ( sometimes for good - sometimes for bad!)
Can I suggest ( from a dealers propective) you contact or visit the dealer and put the case again to them. If what you say is correct he really should have no problem with e refund. But from a Dealer prncipals view - it all depends on how the customer goes about it!!!
Good luck
Neil
I don't want to have the hassle of going to law with this but I will out of principal.
WIJ933 said:
AndrewW-G said:
When you handed the deposit over, did you get a recipt? if so have a look at the wording. It's not unheard of for a dealer on paper to offer an option to buy rather than accept a deposit.
If it were me I'd send a letter of complaint to the dealers registered office (recorded delivery) demanding the money back, stating the reasons and giving them 10 days to do so. If after 10 days you havent recieved the cheque go to https://www.moneyclaim.gov.uk/csmco/index.jsp and lodge a small claim against them, the cheque should arrive rather quickly after a summons arrives
Although some of what has been said is true, I have 22 years of selling caravans and motorhomes I would suggest the following:If it were me I'd send a letter of complaint to the dealers registered office (recorded delivery) demanding the money back, stating the reasons and giving them 10 days to do so. If after 10 days you havent recieved the cheque go to https://www.moneyclaim.gov.uk/csmco/index.jsp and lodge a small claim against them, the cheque should arrive rather quickly after a summons arrives
Small Claims court will mean you both have to compromise whether you like it or not - You may think your case is water tight but judges have a awful habit of coming to conclusions you don't expect them to do ( sometimes for good - sometimes for bad!)
Can I suggest ( from a dealers propective) you contact or visit the dealer and put the case again to them. If what you say is correct he really should have no problem with e refund. But from a Dealer prncipals view - it all depends on how the customer goes about it!!!
Good luck
Neil
Gassing Station | Supercar General | Top of Page | What's New | My Stuff