Holding deposit

[Tan]

Hi

I have a bit of an issue, we put a holding deposit on a Volvo XC90 at a main dealer and were due to go and view it. However, we have decided to not go ahead with the purchase, the reason being we don't like the colour. In the initial pics that the dealer sent the car looked silver but we were then told its a greeny silver. The dealer was meant to send a spec sheet and further pics to clearly show us the colour and they have not done that.

I have subsequently seen a similar coloured car on the street and really don't like it, so I explained this to the dealer and asked for a refund of the deposit, as they said its 100% refundable, but they are refusing to give the deposit back unless I travel up to sheffield to see the car.

I now have an email from the sales person, confirmed by the dealer principle that in order to get the refund I have to travel to sheffield, tell then I don't like it and then they will give me a refund.

What can I do?

I have spoken to Volvo Customer service and they called the dealer and was told the same thing. I just can't understand why the dealer is acting so childishly.

The other thing that is worrying me is that they have twice emailed me asking to tell them in writing that I wish to cancel, I asked if I do this will I get a refund and all they can say is no, unless I go up to see the car. Am I being paranoid about the importance of cancelling in writing or if I cancel it before going there, will that make me automatically forfeit my deposit?

Many thanks

Tan

 

[spsducati]

This sounds outrageous - if you have household insurance with a legal advice line, give them a call and see what advise. I've seen the green/silver xc90 and it is not the same as a nice smart silver.

 

[BaldGuy]

Get a forum member in the Sheffield area to act as you...

 

[wemorgan]

I've no legal advice sadly, but a call to the below might help.

The Office of Fair Trading: making markets work well for consumers
or
Citizens Advice - the charity for your community

If you want to apply some pressure, say you'll be turning up with a local journalist who'll be writing an article on Volvo customer service!

Good luck.

 

[jaymanek]

well a holding deposit is normally non refundable, however if they said it was refundable they should do so.
I would put it in writing..

p.s. are you sure its the same colour as the one you saw on the street?

 

[A-AvantGarde]

As others may have said a holding deposit is normally non-refunandable. However in your case they're not disputing this so that's positive, I agree it's a strange stance to take.

Two thoughts:

1. How did you pay the deposit? Credit card? - Call your card company and explain the situation they may reverse the transaction.

2. Perhaps the power of the forum could help here. A member from Sheffield may be able to assist. If so call the dealer and say a friend of yours will be coming in to confirm the colour and if it's not the one you want (i.e. one that you've 'shown your friend') then you want them to refund your money.

 

[Tan]

Thanks for the advice guys.

I have also noticed that when they email me they confirmed that the car had only 44k miles, now they have sent an order form that states nearer 46k miles?

Regards

Tan

 

[npuk]

When we got the a-class the dealer wasnt local and we couldnt go up to view it till the weekend so we put a holding depost subject to viewing the car. It was refundable if after viewing the car we didnt like it. Was also told the same by MB direct regarding holding deposits. So if one put a deposit on a vehicle and then didnt go to view the car should they expect a refund? Sound like the case is the same with the Volvo.

 

[fuzzer]

how much are we talking about?

 

[janner]

I imagine it depends on what's written in the signed contract they hold
If it was a verbal agreement over the phone I don't see how they can hold your money on their own interpretation of the contract's terms.

 

[grober]

Looking at the situation from their point of view they have possibly lost a sale over this incident if they had to discourage another potential buyer after receiving your holding deposit. OK its a XC90 and they can't give em away at the moment so its unlikely but it also means a lost XC90 sale is pretty important. What if they had taken your money you had liked the deal ----- travelled to Sheffield to find they had already sold the car----- but hey when you get there they tell you they are happy to refund your deposit so no harm done? Works both ways. My guess is that they lost a sale to someone else and are a bit ****** off over your change of mind

 

[crockers]

How far is Sheffield from you?

 

[Setanta]

I have to side with the dealer here. It is a holding deposit meaning that - to hold.

They don't appear to be refusing to give it back but only that you go and have a look, and if not what you wanted, then they would refund it. I think that is pretty fair to be honest.

As someone pointed out, what if you went there to collect and they said "sorry, we sold it, here is your holding deposit back".

Hope you get it resolved.

 

[st13phil]

^ what grober said.

Enjoy your day out to Sheffield

 

[S60_alex]

OK its a XC90 and they can't give em away at the moment so its unlikely but it also means a lost XC90 sale is pretty important.

As my username will likely give away - I own a Volvo - it might be worth the OP popping over to volvoforums.org.uk as the XC90 is currently enjoying huge discounts new - especially the 'Active' model.

Sales up 202%!

Volvo XC90 bucks sales trend | | Honest John

 

[flango]

Thanks for the advice guys.

I have also noticed that when they email me they confirmed that the car had only 44k miles, now they have sent an order form that states nearer 46k miles?

Regards

Tan

The legal position would be that they would not refund the money until you have personally have seen the car and rejected it, a refundabale deposit is actually a breath of Fresh Air from these people. I Live near Sheffield and if it's the dealer I think that begins with H they no longer service my car due to poor customer service.

However I do know a few people there personally so if you want to PM me some details of who you have been dealing with if it is the same dealer as there are 2 in Sheffield area. I'll make some calls and see what I can do if you want>

 

[Tan]

how much are we talking about?

£500

 

[Dryce]

Thanks for the advice guys.

I have also noticed that when they email me they confirmed that the car had only 44k miles, now they have sent an order form that states nearer 46k miles?

If the car is *materially* different from what was described to you at the time you paid the deposit then you would probably have a case.

If paid >£100 by credit card then you could possibly dispute it via your credit card company.

 

[janner]

I think you should just badger them and I'm sure you'll get it back.
How long did you make them hold it for? Did you sign anything or confirm anything by e-mail?
If it was only a very short peroid then £500 isn't 'reasonable' to cover their costs so they can't legally keep it.
Make sure you word any e-mails to them carefully.

I imagine they're just going to waste some of your time before giving it back as you wasted theirs.

 

[NewMB]

a XC90 and they can't give em away at the moment

XC90 is one of the best selling SUV's in the world - mainly due to vehicle safety, 7 seats as std and much bigger than ML, X5, Cayenne & Toureg.

And as previous poster wrote, there are some seriously good discounts available on the basic spec (and yes, all Volvo's are factory order only).