GDAWG10
Active Member
I agree with majority of points here, however an email has been sent to the dealer which I have posted below. Worst case scenario, he will go back to the dealer and get the Micra or Megane, whatever he wants or wait until the dealer gets something else in which really limits his options. I think it's unfair to just hand-over £300 and call it a mistake, or get a car he doesn't want. This email is something in the middle. Will wait for the response. No harm in asking and with an honest email.
"I am emailing on behalf of Mr XYZ. He attended your car dealership (********) yesterday, 15th October to view cars due to his previous car being scrapped. I understand he viewed a Nissan Micra. I have subsequently been told by Mr XYZ that he placed a £300 deposit on this vehicle. On returning home, he realised that he had made an error, didn't have enough thinking time, and felt pressurised by the circumstances and in the environment into selecting a car that he wasn't 100% happy to purchase.
I would like you to take into consideration that Mr XWZ is 79 years old, and his judgement was clouded. On returning home, he realised he hadn't even test-driven the car. He also states that on signing of the receipt, he didn't have time to read through the details and at no point was told verbally that his deposit of £300 was non-refundable. He would also like me to mention that he offered the amount of a £300 as a deposit, because it what the amount he had on him. He accepts it shows this on the receipt, but states he was asked to fill in his name and telephone number and didn't have enough time to read all the t&c's or was made aware of them. Mr XWZ needs glasses to read and English is also his second language.
The New Consumer Protection regs which came into effect on October 1st specifically address the use of pressure in a sales environment. The onus is on the trader to demonstrate that pressure was not exerted. Please note that whilst you may feel that you didn't use pressure, pressure can be very different for a 79 year old man who is currently without a car.
I would like you to also consider that Mr XYZ had his son in-law inform you by telephone two hours after placing the deposit that he had made an error and asked if he could return to collect the £300 deposit minus an admin fee. I dispute very strongly that in those two hours the placing of a deposit on this specific car caused ****** any financial loss, and again the onus is on the trader to demonstrate that any financial loss was incurred.
I suggest and would encourage as a human being that a mistake was made by an elderly gentleman and as stated on your "about me" section on your website "exceptional customer service comes naturally to ******". I would dispute that holding a 79 year olds £300 deposit after he informed you two hours after placing it that he made an error of judgement is "exceptional customer service" and "if you are not happy, we are not happy". In light of the above, I have come to the conclusion that a one time goodwill gesture and subsequent refund of the deposit for a total of £300 is agreed, however I would also state that a refund of £275 is also acceptable on the basis that you charge a £25 admin fee. Mr XYZ will then agree to leave a review online stating how happy he is with customer service offered.
Please inform of the course of action as soon as possible,
Kind Regards