Granddad put deposit down on car - Changed mind!

[GDAWG10]

My elderly granddad 78 years old, went to see a car at a dealer out in East Herts. I searched Auto-trader and found him a decent low mileage 07 Renault Megane hatch-back for £1800. Told him to go and have a look and let me know, I couldn't make it to go with him, but he ended up putting down a £300 deposit on a £2100 06 55,000 mile Nissan Micra! He got a receipt for reference.

Told him he shouldn't have, said he made a mistake. I called the dealer, said he changed his mind and made an error/felt pressurised, and dealer refused to refund it. I know by law he might not have to, but thought he would offer a good will gesture/common courtesy and say "we don't usually do it, but on this occasion we will make an exception". He did say he will hold the money and he can choose a different car. Problem being he didn't like the Megane, doesn't want the Micra, said he thought it through, and it's too much for that car, and also needs new tyres.

Dealer has offered to keep the money as credit "in-case he wants something else or he can wait till we get something he likes in". Seems a bit silly. He made a mistake, holding his money as credit and being totally inflexible seems quite a pointless stance when he will allow him to put it towards any other car, especially as we called literally two hours after the deposit was made.

Is there anyway or line of approach anyone feels I can use with the dealer to get the deposit back?

Cheers

 

[NDFR]

Your Grandfather has entered into a legally binding contract. I don't see there is much you can do.

Why don't you give him the £300 and tell him you got it back for him. You will be the hero of the family for not a lot of money.

 

[Porteo]

Has he actually signed an order form? If so he has entered into an agreement as said above but it is pretty poor showing by the dealer to not defund the deposit taken from a 78 year old, ring your local citizens advice centre, a phone call from them might make the dealer see a bit of sense. Word of mouth and public social media pages are also available to tell everyone of your displeasure at the place

 

[Steveml63]

Hi,
Businesses have a duty of care not to fleece vulnerable people - this includes elderly members of society like your 78 year old grandad.
Trading standards should be involved - just let them know that your grandad is old and sometimes gets a bit confused - they should be able to put pressure on the dealership to see sense.
If you have a local newspaper - get them involved as well - they love to run stories along the lines " car dealer taking advantage of elderly war hero!"
Best of luck
Steve

 

[dozypillock]

Hi,
Businesses have a duty of care not to fleece vulnerable people - this includes elderly members of society like your 78 year old grandad.
Trading standards should be involved - just let them know that your grandad is old and sometimes gets a bit confused - they should be able to put pressure on the dealership to see sense.
If you have a local newspaper - get them involved as well - they love to run stories along the lines " car dealer taking advantage of elderly war hero!"
Best of luck
Steve

I agree with the above. A lot of companies do not realize how much damage can be done online, or through the papers these days. Do they really want this, for the sake of £300? that was not even theirs in the first place.
They may end up deciding the only way to restore their reputation would be to let your father choose a car for nothing, as a way of apology? assuming the paper will then show what a good garage they are.

Neil

 

[TheFoX]

Considering the cheapness of the cars in stock, I doubt this dealer will be interested in any sort of discussion. Big dealers with a reputation to worry about usually have a customer charter in place to deal with grievances, but small dealers and one man bands are only interested in cash.

 

[edstrom76]

What was wrong with the Micra?

 

[renault12ts]

Hi,
Businesses have a duty of care not to fleece vulnerable people - this includes elderly members of society like your 78 year old grandad.
Trading standards should be involved - just let them know that your grandad is old and sometimes gets a bit confused - they should be able to put pressure on the dealership to see sense.
If you have a local newspaper - get them involved as well - they love to run stories along the lines " car dealer taking advantage of elderly war hero!"
Best of luck
Steve

I agree with the above. A lot of companies do not realize how much damage can be done online, or through the papers these days. Do they really want this, for the sake of £300? that was not even theirs in the first place.
They may end up deciding the only way to restore their reputation would be to let your father choose a car for nothing, as a way of apology? assuming the paper will then show what a good garage they are.

Neil

New consumerism, heads I win. tails you lose...threaten the business's reputation when they have done nothing wrong. Shame on you.

 

[Steveml63]

New consumerism, heads I win. tails you lose...threaten the business's reputation when they have done nothing wrong. Shame on you.

Hi,
How do you know the business did nothing wrong? - were you present during the discussions?
A 78 year old person is automatically deemed to be a vulnerable person.
Older people don't like to cause trouble or offence and in pressure situations will often say "yes" just to escape the pressure.
I suspect the garage did pressure the gent and for a relatively small amount of money should do the right thing and refund him his deposit.
Cheers
Steve

 

[d w124]

Hi,
Businesses have a duty of care not to fleece vulnerable people

And what has this dealer done wrong??If members of the family felt he is vulnerable,than someone should have gone along with him

Yes I understand the dealer should have considered the mans age and consider something as a goodwill but he's not obliged to do so

 

[markjay]

...A 78 year old person is automatically deemed to be a vulnerable person.
...

I would disagree with that.

As for the deposit, it is all down to the T&C of the transaction, and the trader can be taken to SCC if it can be proven that the T&C did not say the deposit is non-refundable.

 

[Steveml63]

And what has this dealer done wrong??If members of the family felt he is vulnerable,than someone should have gone along with him

Yes I understand the dealer should have considered the mans age and consider something as a goodwill but he's not obliged to do so

It's the dealers responsibility to recognise vulnerable customers and to treat them differently to standard customers.
Just because an elderly person is vulnerable - it does not mean they can't make a decision - they just react differently to pressure and in these circumstances are liable to change their mind, once out of the pressure situation.
Luckily, I don't fall into this category and am unlikely to be buying cheap cars from a backstreet dealer.

 

[Driver15]

If he wont refund as gesture of good will, theres no way i would be putting any futher cash his way.

Is this a cash deposit or card ?

 

[John Jones Jr]

What was wrong with the Micra?

Nothing I'd suggest. Had one as loan car (1.2L), couldn't find fault with it even on the motorway. Micra or Megane?, Micra all, day long.

 

[Steveml63]

I would disagree with that.

As for the deposit, it is all down to the T&C of the transaction, and the trader can be taken to SCC if it can be proven that the T&C did not say the deposit is non-refundable.

Hi,
If you check with CAB - all pensioners are automatically considered as being vulnerable in the UK.
Just remember the stories on consumer programs like Watchdog - many unscrupulous companies actively target pensioners - as they are generally more trusting and gullible to slick sales techniques.
Cheers
Steve

 

[Simon_M]

Has he told you he doesn't want the Micra, or did you decide that. if he still has all his marbles, maybe it is what he wanted. It will be more reliable than the Renault!

S

 

[renault12ts]

Hi,
If you check with CAB - all pensioners are automatically considered as being vulnerable in the UK.
Just remember the stories on consumer programs like Watchdog - many unscrupulous companies actively target pensioners - as they are generally more trusting and gullible to slick sales techniques.
Cheers
Steve

That's a bit sweeping...especially if someone has taken their pension at 55. Are we now claiming that with age we lose responsibility? If so..what age, 60, 65 66.5???

 

[Steveml63]

That's a bit sweeping...especially if someone has taken their pension at 55. Are we now claiming that with age we lose responsibility? If so..what age, 60, 65 66.5???

No idea - I did not make the guidelines - why not use your Google and do a search on the CAB guidelines?

 

[renault12ts]

You can't do binding contracts with under 18s (except in exceptional circumstances)...should that now mean those getting the state pension also?

 

[Meldrew2]

Perfect timing. The new consumer protection regs that came in to force on 1 October specifically address the use of pressure in a sales environment. The onus is on the trader to demonstrate that pressure was not exerted. A little research followed by a word with the dealer (who may well not be aware of the change in legislation) may resolve the issue.