Deposit refund!

Firefly

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clio
Hey, just been scouting around a few forums and have joined to ask a few odd questions.

I made a cheeky offer on a car yesterday (its been in a dealership for a month or so...) and was surprised when they accepted. Told them that i would test drive it on friday (my car was due to sell on thursday - today.)and as they started banging on about a deposit i said i'd leave one if i liked the car after the test drive.

To cut a long story short, ten missed calls and a few voice mails later, they started asking for a deposit that day. I told them i would run the risk of it selling before friday, but still got the calls. Eventually i said i'd give them three hundred pounds. Paid over the phone and they stopped ringing.

Buyer on my car pulled out today. I rang them to ask for the deposit back, and they've basically said no. (Ive signed no contract, just been hounded over the phone.)

I know its a long shot, and i know i shouldnt have given the deposit, but does anyone know if theres any way i can wrangle my money back? They didnt mention that it was non refundable and i spoke to a few different people, each of which are now saying that they didnt know i initially refused to pay a deposit.

:(
 

paneraiseeker

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keep back £300 from the buyer of your car.....tell them they get it back when you get yours back as you left a deposit on the strength of them buying your car.
 
D

Deleted member 37751

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I had this exact same problem but it was me that was the seller, being messed about.

To me, if you go and see the car and it's not as described, fair enough, but if there is nothing wrong you either buy the car or lose your deposit.

Taking a deposit is as good as sold in my eyes.
 
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Firefly

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Hey,

They didnt leave a deposit, they were supposed to come over today with the money but have changed their minds.

The only reason i thought i might have been able to get it back was because i'd stated more than once that i didnt want to leave a deposit, was happy to leave the car on sale with them until i had the full amount and hadnt signed a contract. Just counted 13 calls from them, eight of which were missed and five answered, i know if someone is interested they should be up front about it but surely hounding you into leaving a deposit is a bit extreme?
 
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npuk

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http://www.mbclub.co.uk/forums/general-discussion/105338-return-holding-deposit.html

http://www.mbclub.co.uk/forums/general-discussion/90257-refund-deposit-used-car.html

http://www.mbclub.co.uk/forums/gene...getting-my-deposit-refunded-used-vehicle.html

http://www.mbclub.co.uk/forums/general-discussion/84626-holding-deposit.html

A few previous threads on this. I always make sure the deposit is refundable if for any reason after viewing the car and test driving the car I am unhappy with it.

Is this with a mercedes main dealer or an independant garage? If independant does their website have any T&Cs about deposits.

If the car had been on the forecourt that long then what was the chance it would have sold by Friday, you really should have ignored their calls. It would also make me think twice about buying from a dealer who keeps hounding me on the phone and keeps leaving voicemails trying to make me leave a deposit.
 
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Firefly

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no, just a small garage near me that has one in at the moment.
 

paneraiseeker

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Hey,

They didnt leave a deposit, they were supposed to come over today with the money but have changed their minds.

So you put down a deposit on another car on the strength of a stranger turning up to buy your car......
 

Dieselman

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How did you pay? if with a credit card just phone the card supplier and ask for your money back.

I can't believe you paid a deposit at all.
 
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Firefly

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So you put down a deposit on another car on the strength of a stranger turning up to buy your car......

Which is why i originally told them if i liked the car after the test drive tomorrow i would either pay in full or leave a deposit. Which they agreed to. And then the phone calls started.

I paid via debit card!
 

gIzzE

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Hold on, whenever I have left a deposit on a car it has been to show that I am serious, however, they have all said that if my car didn't go then it would be fully refundable, it just shows you are not getting dealers all over the place holding cars for you willy nilly.
 

gIzzE

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However, 13 calls asking for a deposit should have set alarm bells ringing to be honest.
They sound desperate!
 

219

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Since the deposit was paid over the phone , then surely distance selling rules apply and there is a 14 day cooling off period , during which they MUST refund .

The fact that OP originally SAW car does not alter the fact that the transcation was done over the phone - therefore distance selling .

Since it must have been paid by card - tell card issuer to reverse transaction .
 

gIzzE

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I would call the bank and say that they took your card details but said they were not going to take payment until you had sold your car, but you looked at your account and are horrified to see they have stolen £300!!

And then say that they are refusing to refund it, say you mentioned the distance selling rules and they told you to get lost.
 

CKLclive

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no no no never pay a deposit just cos they phone you best of luck getting
that back.
 

jaymanek

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Legally distance selling rules don't apply as you viewed the car beforehand.
I'd offer to split it with them otherwise just get the full amount back from visa.

Edit: did u see the car on site? If not then distanc selling applies and u can claim it all back.
 
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Charles Morgan

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If you paid the deposit after viewing the car and doing a test drive, it is arguable that the DSRs don't necessarily apply. If you never went to the garage at all, the DSRs do apply and you can reject the car within 7 days. Do so in writing and demand the deposit back.

Here is a guide to how car dealers must comply with the DSRs - here


However, all of this is just silly. Don't provide a deposit unless you are absolutely certain of buying, it saves enormous hassle for everyone.
 

Shilts

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I work for Motorpoint derby and in that case we would refund your dipper. Can't u just tell them to hold it for a couple of weeks with the deposit they have while you sell yours then everyone is happy...or part ex???
 
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Firefly

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Thanks, the replies have been very helpful.

Shilts - they've told me that if i dont stump up the money in ten days i lose the deposit and the car goes back on sale. Would be nice to find a buyer for mine but dont know how realistic it is in that time frame.
 

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