New Car Deposit - No T&C's Supplied - Cancellation Rights

[Stefan SRT8]

I ordered a new car about a month ago and paid a deposit and was given a delivery date, turns out the car was never going to be delivered by that date and I have evidence of the actual build date to back this up. I subsequently cancelled the order an placed and order on a different model and then paid an additional deposit on Saturday (the deposit from the cancelled order is being transferred to the new car).

I now need to cancel the order as someone has let me down with a loan car which means I'd be stuck without a car waiting for the new car delivery which would be July at the earliest and I've had to source a replacement in-stock car from another dealer.

Question is, as the dealer never gave me a copy of the terms and conditions of sale or produced any for me to read, can he legally (or morally) keep my deposit?

I only signed the order form at this stage not any finance docs.

Cheers.

Stef

[chard]

Yes they can keep your deposit. Read your order form it has T&C's and will form a contract in it's own right.
Best bet is to speak to the dealer in question.

[Stefan SRT8]

chard said:

Yes they can keep your deposit. Read your order form it has T&C's and will form a contract in it's own right.
Best bet is to speak to the dealer in question.

Ah, now there is the issue, there are no T&C's on the order form at all and none were supplied seperately.

Stef

[chard]

Very odd I've never seen an order form without T&C's. The order will still form a contract, talk to the dealer.

[Stefan SRT8]

chard said:

Very odd I've never seen an order form without T&C's. The order will still form a contract, talk to the dealer.

All been amicable so far, they've agreed to refund half and are discussing the other bit tomorrow.

Thanks for the replies though.

Stef