What chance of getting my deposit refunded on a used vehicle?

[beaker218]

Yesterday, I paid a deposit of £3000 to a mercedes dealership for a CLS costing £19k. This was my first BIG mistake as they only asked for £1,000 but said that I could go up to £3000 on credit card if I wanted - so I paid the £3,000 to get those extra points!

When I got home I thought I would just see the difference in size between the CLS and my current E240 and to my amazement it was much bigger. I had checked the internet a month ago and found that it was only about 1cm bigger so I thought that was OK. Anyway, it isnt and I found that I wouldn't be able to get the CLS into garage without damaging it sooner or later as it is 10cm longer and 5cm wider!

I therefore rang the dealer to explain and ask for my deposit back but they had closed. I therefore sent them an email and spoke to the sales executive this morning. After asking why I didn't make proper checks before I paid the deposit he told me that it was non-refundable owing to time incuured etc in selling me the car (hardly £3,000 worth of time though!). He also pointed out that the invoice provided to me stated that the deposit was non-refundable. However, I have now checked the invoice thoroughly and it doesn't mention this at all.

The sales guy said he would send my email to his manager who will be in the office tomorrow and he would reply to me with his decision.

I know I'm an absolute idiot but what is done is done.

Does anyone have any thoughts on my position should the manager still reject refunding my deposit?

 

[Gridlock]

A good dealer will roll with this, a bad one will try to sell you a car you don't want. Anything else in their stock catch your eye?

 

[Charles Morgan]

If the contract you signed doesn't state it is non-refundable, then if they don't refund, sue them.

All the rest is utter balls (time spent in selling you the car etc).

 

[Dai rees]

I really donot know the answer to this but -- is there not a cooling off period of 7 or 14 days as in some other finance deals??

 

[neilrr]

Yikes!!!!

Will your credit card company revoke the transaction for you.

 

[wemorgan]

Just as a Plan B: I have friends who tape foam or carpet to parts of their garage walls. This stops the bumpers and doors getting scratched.

 

[davidjpowell]

Plan C: Our cars get nowhere near the garage and have to live outside....?

 

[Nibbo]

I really donot know the answer to this but -- is there not a cooling off period of 7 or 14 days as in some other finance deals??

I wondered about that so did a quick search and

"No, the cooling off period or buyer's remorse law only applies to unsolicited sales and not to the purchase of a vehicle."

But surely the dealer should see sense and say oh well, is there another model you would like us to source for you?
Pretty dumb if they try to enforce the deal.

 

[timwood2000]

I once wanted to cancel a purchase and get my deposit back a few years ago (for different reasons) and when I spoke to the Trading Standards people, they said that basically I had no rights at all.

Therefore, you are (legally) not entitled to your deposit back and will be solely reliant on the dealer's goodwill.

The only small ray of sunshine here is that the TS people said that the dealer was entitled to 10% of the value of the car (I think) so even if they won't give you all the deposit back, they should at least refund either the difference between £3k and £1,900 or better still the £2k you 'over paid' on the deposit as they were only asking for £1k.

Good luck.

 

[jaymanek]

They will probably offer you choice of another car..

 

[kth286]

the salesman has probably already spent his commission, thus will be reluctant , and will try and get you to buy another car from them.

 

[A210AMG]

If I drive my ML into the garage it will take both sides of the garage down in one go, I therefore use a carport on the other side of the house, better for the car also.


I would :-


- Ring the card company and see what they say?

- If above could you 'lose' the 1K rather than 3k?? still a downer

- Is there another car that you like?

 

[st4]

At £3k Id take the car if all else fails. Its too costly an error if you cannot get the monies back and either park it outside/put foam stuff in the garage

 

[fuzzer]

fliping heck , 3k ? i resent giving them any more than £250

 

[A210AMG]

^ think of the points the OP has though...

and a car stuck on the drive albeit a nice car

 

[BTB 500]

5 cm (2") wider and 10 cm (4") longer doesn't sound like a big difference in size

 

[ringway]

..

 

[horsesuitedfool]

Did you pay over the phone or in person with PIN entry?? If over the phone just call credit card company and issue a chargeback saying they took funds without your confirmation of buying the car.

 

[Maz]

Which dealer?

 

[Bobby Dazzler]

Did you mention to the sales person that you had concerns?

Merceds Approved Used Scheme operates an Exchange scheme for the first 30 days or 1000 miles. Your scenario is prior to this kicking in but it may be useful.

Link: Mercedes-Benz UK - Approved Used - Approved Used Car programme

Click on > Exchange Plan

"Should you decide that you are not satisfied with your car for any reason, you are welcome to exchange it at any time during the first 30 days or 1,000 miles (terms and conditions apply)."

In the first instance I would call your credit card promptly explain to them what has happened and ask for their advice. They'll be used to dealing with this kind of situation all the time.

I would then talk to the sales person (again) and the dealership management to appeal to their better judgement. They don't want stories and their name plastered all over it going around the Internet and appearing in Google searches as much as you want a CLS that's too big for your garage, so there is an opportunity to reach a good result for all parties.

If the dealership still don't want to play ball, then the credit card company may offer free legal advice as part of the benefits package to you - your home/car insurance might also offer advice. They may also be able to intervene as along with the vendor (ie dealer) they are jointly responsible as the card issuer.