A question about deposits

[carlo]

Can anybody give me a bit of advice here.

 

A fortnight ago I fancied a car on Autotrader, and, because the car was over 100 miles away and I thought I wanted it I rather naively put £100 credit card deposit down as I couldn't get up to see it for 48 hours.  I was told there may be a gearbox issue, and I could have the deposit back if I drove it and was not happy.  To be honest by the time I was due to go up there various factors had caused me to get cold feet on the whole deal, and I rang them to call it off.

 

I thought I would ring and enquire as to the likelihood of getting all or any part of the deposit back, and was told that shouldn't be a problem.  Each subsequent call or mail has been fobbed off and then ignored.

 

Now I know I've been a bit of a dick and probably shouldn't expect to get this money back, but it annoys me I'm being ignored and can't even get a definitive answer here.  Do I have any legal rights?  This deposit  'transaction' was made over the phone, but I know the salesman made out an order form and there must be a receipt for my money, so do I have any right to see this and/or take it further?

 

Any help gratefully received.

 

[tooSavvy]

.... might brush off! 

[meggersdog]

Should be covered by the distance selling laws

 

Have a look here

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations/

[Cavcraft]

What's the name of the company?

[carlo]

I'd rather not give that out, to be fair to them.

[gary_davidson]

not sure if it will be covered by distance selling, there are a few things that might rule them out, 

 

http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/what_do_the_distance_selling_regulations_cover.htm

 

from the link

Am I covered by the regulations?

The Consumer Protection (Distance Selling) Regulations are unlikely to apply if you buy from a trader who only takes occasional orders by distance sale.

 

my advice is to speak to somebody at citizens advice.

[RedSparrow]

Ah, looking at the title I was expecting another hilarious thread about dog shit. Imagine my disappointment on reading the first post!

[Cheggers]

Probably worth speaking with the credit card company too, they can be surprisingly fair & helpful in cases like these.

 

 

Sent from my iPad using Tapatalk

[Stixy]

Most people would just do a chargeback from there credit card 

[fordperv]

I was going to suggest the chargeback as well

[RichardMoss]

If I read your post right, you placed a deposit and then you backed out of the purchase.  To my mind, you then forfeit the deposit - which is exactly the point of the deposit in the first place:  to show committment.  I don't see that the seller is under any obligation to give you your £100 back.

[carlo]

If I read your post right, you placed a deposit and then you backed out of the purchase.  To my mind, you then forfeit the deposit - which is exactly the point of the deposit in the first place:  to show committment.  I don't see that the seller is under any obligation to give you your £100 back.

 

And I don't really disagree with that sentiment.  I was more annoyed with their contradictory attitude, and what if any rights I had over the matter.

[twosmoke300]

I was just going to post that same point. The seller held the car for you possibly missing out on other sales and may now have to re-advertise etc.

The deposit goes a little way towards these costs. I certainly would not be expecting him to give it back let alone Persie him for it.

[Guest Tony Hayers]

If I read your post right, you placed a deposit and then you backed out of the purchase.  To my mind, you then forfeit the deposit - which is exactly the point of the deposit in the first place:  to show committment.  I don't see that the seller is under any obligation to give you your £100 back.

 

 

That's how it has always been for cash. However the OP left deposit via CC so if he/she wanted the deposit back the best course is via the CC company to start with.

 

I was told a long time ago; Leave a deposit to buy. Don't buy and loose the deposit.

[Asimo]

I've walked away from a deposit. Never regretted it. Sometimes you know you've made a mistake.

 

Mine? (Christmas holidays: Audi 100 coupe, viewed in a shed by torchlight, snow outside so no drive, fresh underseal everywhere, sold by a bloke in a dirty vest with a Carlsberg export habit)

[crapcarcollector]

A deposit is a commitment, if you put it down be prepared to loose it if you change your mind, unless the deal changes materially. Now, having said that if you put down the deposit over the phone with a credit card as you have said, then simply ring up the credit card company and 'chargeback', tell the credit card company that you have not received to goods you purchased.

 

Be aware however the merchant will be liable for further charges to the credit card company in respect of the chargeback, so they are not likely to be best pleased and may be within their own rights to come back after you in county court. Unlikely though.

[seacow]

All the above is true. In terms of whether you get it back it depends on the terms and it sounds like it was refundable.

[Cavcraft]

I lost my deposit in the 'Shameless cars and girls' thread. Barrett owes me £100 for my laundry but won't answer my messages. 

[lovejoy]

and when I read the thread title, i thought this was all about seagull shite on bodywork in Devon 

[garbaldy]

I wouldn't pay a deposit without viewing a car first unless it was cheep enough to gamble,  if it was me I would walk away and forget it chalk it up to experience,

 

we all complain about ebay timewasters who bid don't pay a deposit then don't turn up, that's our time and money wasted now think how the guy feels about this deal now that you want to cancel it.

[HillmanImp]

I agree with the 'a deposit is a deposit' thoughts but in the modern world where 'Bad' means 'Good', 'Literally' is applied in sentences such as 'lower rate taxpayers are literally living in a different galaxy', you can' be 'gay' without having a homosexual experience (straight people can be happy too) and women find men with tight trousers and quiffs attractive, is it really a deposit?

 

My friend put several deposits down on cars at a few dealers a few years ago and got them all back when she did not like the cars. Dealers seem to be happy to do this but I think the deposit will always be refundable in the same way that they will probably sell the car to someone else if they want to buy it before you get there. Its a good bargaining tool if anyone else is keen.  

[martybabes]

On the other hand, you agreed to buy and, to show your good faith, you sent a deposit (presumably to prevent any further offers being made by others - i.e. the Seller removes the car from the open market).  You sent a deposit as a token of your commitment to buy.  Shirley the Seller is now entitled to ask you to complete the purchase and send him the rest of the money?  In return, you get what you committed to buy.  You may have changed your mind but you can't unilaterally rescind the contractual obligation you entered into except with the Seller's consent (and this might cost you dearly).

[Mr_Bo11ox]

^^^ eh? 

[carlo]

Some good advice here, cheers chaps.  Think I might just find out the exact legal angle on this, before probably giving up and chalking it down to experience.

[twosmoke300]

Cant believe you are looking down the legal angle route to recover a 100 pound deposit on a deal that you backed out of without even seeing the car.

He offered to return your deposit if you didnt like it when you drove it because he was confident that it was ok or at least fit for purpose. But seeing as you didnt go and view it I wouldnt have the neck to ask for it back.

 

Rant over

[castros_bro]

If   ""I was told there may be a gearbox issue, and I could have the deposit back if I drove it and was not happy""   can't you tell them you are not happy with the gearbox so can you have the deposit back as agreed?  If there's no reply take it to your credit card company expalining the agreement to return your deposit if you were not happy with the car and the trader won't reply to calls or emails.

 

 

Can anybody give me a bit of advice here.

 

A fortnight ago I fancied a car on Autotrader, and, because the car was over 100 miles away and I thought I wanted it I rather naively put £100 credit card deposit down as I couldn't get up to see it for 48 hours.  I was told there may be a gearbox issue, and I could have the deposit back if I drove it and was not happy.  To be honest by the time I was due to go up there various factors had caused me to get cold feet on the whole deal, and I rang them to call it off.

 

I thought I would ring and enquire as to the likelihood of getting all or any part of the deposit back, and was told that shouldn't be a problem.  Each subsequent call or mail has been fobbed off and then ignored.

 

Now I know I've been a bit of a dick and probably shouldn't expect to get this money back, but it annoys me I'm being ignored and can't even get a definitive answer here.  Do I have any legal rights?  This deposit  'transaction' was made over the phone, but I know the salesman made out an order form and there must be a receipt for my money, so do I have any right to see this and/or take it further?

 

Any help gratefully received.

[HillmanImp]

If   ""I was told there may be a gearbox issue, and I could have the deposit back if I drove it and was not happy""   can't you tell them you are not happy with the gearbox so can you have the deposit back as agreed?  If there's no reply take it to your credit card company expalining the agreement to return your deposit if you were not happy with the car and the trader won't reply to calls or emails.

 

He did not go to see it though did he? I suspect that 'I read my Stars in the Sun and Russel Grant said that I would not be happy with the gearbox problem' might not cut the mustard.

 

I personally would just put it down to experiece as I could not be arsed travelling 100 miles there and back and wasting my time and effort on it but thats probably why I am allways brassic.

[cort16]

I've left a deposit on a car before then got cold feet. I just said, sorry I can't buy the car anymore keep the deposit. They may have sold the car if they'd not been waiting for me so I think fair's fair. If it happened to you how would you feel?

[carlo]

I can't disagree with a lot of the sentiments here.  I don't really think I pissed them about though, I phoned in good time to cancel then asked them politely if I would be allowed all, or even some of my deposit back.  It's then they've proceeded to piss me about (in my opinion), by not replying or giving conflicting information.  That's probably what annoys me more than losing the deposit; I'd have more time for them if they'd just said "No, sorry it's our policy not to give refunds on deposits etc"