Return of holding deposit

[maestegman]

Advice please.

I've paid a £500 deposit via credit card on an E270. However, I've just stumbled across an E320 with a far better spec, with similar mileage, for the same cash.

1. Is the E320 CDI Elegance a better car than the E270 CDI Elegance?

2. Is there any way of getting my deposit back? I paid over the phone and, as yet, haven't signed anything.

 

[renault12ts]

Advice please.

I've paid a £500 deposit via credit card on an E270. However, I've just stumbled across an E320 with a far better spec, with similar mileage, for the same cash.

1. Is the E320 CDI Elegance a better car than the E270 CDI Elegance?

2. Is there any way of getting my deposit back? I paid over the phone and, as yet, haven't signed anything.

Who did you pay it to?
A dealer? No problem.

 

[maestegman]

Non-franchised used car dealer. No problem?

 

[moonloops]

Distance selling rules may apply ?

 

[Frankie]

I fail to see the point in a holding deposit if you can get it back. Surely the point is that you are putting your cash forward so they hold the car, as you wont walk away from the money.

 

[markjay]

I fail to see the point in a holding deposit if you can get it back. Surely the point is that you are putting your cash forward so they hold the car, as you wont walk away from the money.

That depends on the agreement you have with the seller, but in principal even a refutable holding deposit suggests that you are a serious buyer rather than a canvaser.

 

[timskemp]

If you pay a deposit you may be deemed to have formed a contract, and the dealer is then entitled to payment for any costs he can show to have incurred by your breaking of the contract. So if he's taxed it, or had it serviced at your request then he can hold that back.

Normally they're OK as being slated around the papers and the forums and the local dealers, and placarding them, and serving them notice by hand very loudly in a busy showroom, often makes them back down

{awaits response saying "bullsh!t" or "unfair" or "you screwed your deposit back from a dealer"}

 

[renault12ts]

Someone else's experience:

Return of deposit on second hand car - Mercedes-Benz Owners' Forums

 

[maestegman]

Frankie - I totally agree with you and I feel absolutely dreadful even considering this. The dealer has been excellent too although I'm naturally after the best I can get.

I'm even considering taking a hit on the deposit to allow me to buy the E320 CDI.

Here are the two cars:

http://cgi.ebay.co.uk/2002-Mercedes-Benz-E-Class-270-CDI-Elegance-DIESEL-/270701003564?pt=Automobiles_UK

and

2003 MERCEDES-BENZ E320 CDI Elegance

But there's also this one (which is on my doorstep) but has much higher mileage:

2003 MERCEDES-BENZ E270 CDI Avantgarde

Thoughts welcomed.

 

[flango]

Take notice of post #7 good advice. However I will no longer be posting answers to legal questions or offering legal advice due to the constant slating of the advice by certain individuals on this forum. For those who know me and SWMBO you have my e mail and we will be happy to respond, for the minority that have spoiled it for the majority then well done, after reading a few threads on here SWMBO has decided it is not worth the hassle so thats the end of that

 

[maestegman]

Many thanks for this Renault12ts. I read throught the other forum post with interest.

 

[davidjpowell]

very rare 6 speed semi-auto on the last one. I have never heard of it?

E320 is a useful upgrade from the E270 IMO.

 

[maestegman]

Sorry to hear that Flanaia1. I'm of the mind that any advice is good advice.

I would be hugely sympathetic to the original dealer if I withdrew and, in any probability, I doubt that I would cause too much friction as I concur with #7.

I suppose I'm really asking, "Should I consider writing off the £500 deposit in order to purchase one of the other two cars?"

 

[maestegman]

Thanks davidjpowell. I suppose I'm more interested in the E320 here in any case. Worth losing the £500 deposit?

My main gripe with the original vehicle (E270) is that is has a cassette player.

 

[timskemp]

I suppose I'm really asking, "Should I consider writing off the £500 deposit in order to purchase one of the other two cars?"

Only you can decide that one, but I know I wouldn't drop £500 quid simply for the sake of asking. The dealer will sell the car to someone else, but given the opportunity of 500 quid in his bank / pocket for nothing I expect he may even say thank you.

 

[maestegman]

Cheers timskemp.

An unfair question I suppose but what would you do in my position?

 

[flango]

Sorry to hear that Flanaia1. I'm of the mind that any advice is good advice.

I would be hugely sympathetic to the original dealer if I withdrew and, in any probability, I doubt that I would cause too much friction as I concur with #7.

I suppose I'm really asking, "Should I consider writing off the £500 deposit in order to purchase one of the other two cars?"

I know where you are coming from but you can get out of it if you wish to, if it were £500 Then I would do so as that is too much to write off, Just check your contractual obligations on the deposit there are not many that are binding and will be upheld in court

 

[LTD]

I'd go to the original dealer and tell them you aren't in a position to buy their car and ask for the deposit to be refunded and take it from there. You needn't tell them why ......

If you are polite then I don't really foresee a problem.

 

[timskemp]

Cheers timskemp.

An unfair question I suppose but what would you do in my position?

I'd ask for my deposit back, and just say I'm not buying a car at this time.

Refusal would see me hitting speed-dial 5, my solicitor...

 

[davidjpowell]

I have written off £200 deposit in the past, and also persuaded a garage to refund that amount, although that was easier as the car that I was buying was within the chain so I had some support.

Personally I would be reluctant to write of £500 unless I had no option. I suspect that an Ebay Audio 20 etc. may not be that expensive to sort out the CD.