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Getting My Car Deposit Back

Last post Thu, Apr 10 2008, 10:25 PM by kinster. 26 replies.
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  •  Thu, Aug 23 2007, 8:23 PM

    Re: Getting My Car Deposit Back

    Hi -

    can you advise on my situation please.

    I put £500 on a deposit for a new car that we intending to use car finance for (arranged for us by the dealership).

    I have just found out i am expecting twins and with a toddler already the car i have ordered is now totally unpractical.

    I now need a people carrier and they do not do one so i have rung to cancel the car.

     I asked about getting my deposot back and they have said they are not sure - where do i stand legally?

     Thanks

    • Post Points: 35
  •  Thu, Aug 23 2007, 8:44 PM

    Re: Getting My Car Deposit Back

    Claire

    Congratulations on the news that you're expecting twins. 

    There is a forum member who will be able to help you on this one, so hang around and you should get some good advice and guidance here on the Moneysupermarket forum.

    Good luck.



    Kind regards
    Indi

    “In the end, the love that you take is the love that you give”
    • Post Points: 5
  •  Thu, Aug 23 2007, 10:00 PM

    Re: Getting My Car Deposit Back

    If you haven't executed the finance agreement and taken delivery of the car then the quick answer is that you are legally entitled to your deposit back, Claire. This is because you have entered into a 3 party agreement. If you were paying cash, a two party agreement, then you'd not have a shout on your cash.

    The garage probably do know this and are hoping you don't get advice from somewhere.

    JJ

    Good work on the twins btw


    You gotta tie yourself to the mast my friend, and the storm will end.
    • Post Points: 20
  •  Thu, Aug 23 2007, 10:58 PM

    Re: Getting My Car Deposit Back

    jjnaughalty:

    The garage probably do know this and are hoping you don't get advice from somewhere.

     

    Well Claire, you had the common sense to get advice from somewhere and now you know where you stand.  Go and get your deposit back!



    Kind regards
    Indi

    “In the end, the love that you take is the love that you give”
    • Post Points: 20
  •  Fri, Aug 24 2007, 7:17 AM

    Re: Getting My Car Deposit Back

    thanks everyone - ill get on to them today!

    • Post Points: 5
  •  Fri, Aug 24 2007, 11:33 AM

    Re: Getting My Car Deposit Back

    they have come back to me and said def not get deposit back. I have explained about the 3 party agreement etc and they have said the car is ordered so i will loose the deposit. what can i do now?! Is there a certain 'law' that i can qoute?

     

    Thanks

    • Post Points: 35
  •  Fri, Aug 24 2007, 12:27 PM

    Re: Getting My Car Deposit Back

    I'm no expert but would think that you should take the route of 'no longer fit for purpose' under the consumer credit act 1974.

    Contact your local CAB, they'll tell you the actual law on it......

    JJ


    You gotta tie yourself to the mast my friend, and the storm will end.
    • Post Points: 20
  •  Fri, Aug 24 2007, 1:17 PM

    Re: Getting My Car Deposit Back

    Hi Claire,

    The same thing happened to me and they tried all the tricks to make me think I couldn't get the deposit back - I was raging with the whole situation. They were determined that it was transferred to another car. In my case I'd paid £1000 and the car had been taken off the lot, cleaned and sprayed with protective covering etc so they weren't happy when I pulled out and said the £1000 was lost for costs incurred.

    The letter of the law is quite clear in that if there is a finance agreement, there are three parties involved, you, the dealer and the finance company. All three can pull out without penalty. Did you sign anything? How long was it between laying down the deposit and realising you didn't want to proceed? The only sticky parts would be if you signed something that referred to the deposit being non-refundable. If you signed something regarding the finance, you would normally have a cooling period where you could terminate anyway.

    I called the Citizens Advice Bureau to explain my exact circumstances - you should do this too, it's quite therapeutic - then I phoned the dealer telling them that I knew my consumer rights and wanted my money back immediately. I don't think it matters that they have ordered the car, that's their risk. After CAB have told you the position relative to your exact circumstances, phone the garage and explain that you've looked into your legal position and want your money back (assuming CAB confirms this).

    I got my £1000 back, I hope you are successful - don't let them bully you, they will know fine well what your rights are.

    Good Luck

     

     

    • Post Points: 5
  •  Wed, Jan 30 2008, 1:21 PM

    Re: Getting My Car Deposit Back

    Hello

    Can you help?

    Put a deposit of £2k down for a car. Very happy with my purchase.

    Next day got on the phone to the insurance to be told that it was not in fact £800 per annum (as confused.com stated) but £2500 per annum. This was too much.

    Planned collectionwas not for 12 days. Went back to the dealer and stated this. They said deposit would not be returned as I had signed the form, and that it was non refundable.

    This was a transaction without finance.

    I let the dealer know within 24hrs of paying the deposit so NO works were done to the car!

    What are my rights, if any?

    Tks

    • Post Points: 20
  •  Wed, Jan 30 2008, 2:58 PM

    Re: Getting My Car Deposit Back

    No rights, I fear Wilsh. Because the deal was done face to face on trade premises, there's no cooling off period. I reckon your two best bets would be either

    - Pull the order form to pieces, see if there are any technicalities it falls down on with the help of you local CAB

    or

    - Speak nicely to the dealer, find another car on their forecourt with reasonable insurance costs, get them to transfer the deposit to the new deal.

    If you go in there on the bounce, the chances are they'll tell you to jog on, saying you should've made sure the insurance was right before makin gyour decision.

    Best of luck

    JJ


    You gotta tie yourself to the mast my friend, and the storm will end.
    • Post Points: 35
  •  Wed, Jan 30 2008, 3:08 PM

    Re: Getting My Car Deposit Back

    I thought as much, thanks.
    • Post Points: 5
  •  Thu, Apr 10 2008, 10:25 PM

    Re: Getting My Car Deposit Back

    When transferring the deposit to another car at the dealers, is there much chance of haggling again?

    Cheers

    • Post Points: 5
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