Hi -- The time to satisfy yourself that the deal and everything is in order to your satisfaction is before you place a deposit not after, or allow yourself to feel pressured into paying it, after you have paid a deposit you have formed a contract to purchase the vehicle. If susequently you wish to pull out of the deal as previously stated they are at liberty to keep the resonable costs that they have incurred in preparing the car ready for your collection, the only time they could not keep anything would be if the car was not in a roadworthy condition, stolen, had finance still on it, or anything serious of that nature that is proveable etc.

You should put your case in writing sent by recorded delivery to the Manager stating the reasons why you did not wish to proceed because of the material changes to the car, that were not present when you paid the deposit and which was the reason why you were not happy to proceed with the purchase. i.e. the extra scratches that appeared in between, the extra unexplained mileage and their failure to comment, the missing key and your general lack of confidence and happiness that increased as the deal progressed. (let them know your feelings why you were unhappy)

Initially explain that the costs they have incurred on the MOT and valet were necessary for them to prepare the car for sale to anyone, but as a goodwill gesture you will pay £40 for the cost of the valet only....... because the MOT was legally needed to make the car roadworthy to any future prospective purchaser, allow them a reasonable time of 14 days to agree to refund your £260 back to yourself.

If that fails inform them you intend to lodge a claim, keep all copies of correspondence and lodge a claim with the small courts money claims online service, once you have the evidence to show that you have tried to settle this by taking every reasonable step, this will cost you £30 for a claim of up to £300 recoverable from the losing party.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

So this should be the case and I can simply walk away from it with just paying the MOT test fee and valet? I have spoke to CAB today but to be honest wasn't much use, they just said to make sure I put my complaints in writing to them. I honestly just want to pull out of this, I did sign the invoice for the vehicle and was pretty much forced into paying the deposit with we can't get it ready for you without it speech. Is there any legal way in which they can keep all of my deposit or take a cancellation cost from me. Another thing was that they only had one key for the car, I saked them about spares but they just fobbed me off saying I could get one cut. Found out the price is nearly £80, a joke.

Hi -- They are entitled to keep only a reasonable amount of the deposit to cover the actual out of pocket costs they have incurred, this would cover the MOT at around £40 although you could argue this would have been necessary before they could sell the car to absolutely anyone else in a roadworthy condition.

The cost of the valet would be reasonable also, but what would a valet cost amount to....possibly another £40 maximum. ? There again they would need this car in a clean saleable condition to offer it for sale to anyone else. !

Therefore they should return the deposit, if not at least the balance of the amount exceeding their "reasonable" costs, which is around £80 quid, meaning a return of £220 back to yourself.

If you remind them of this and you still have problems then visit your local CAB or trading standards to get them to apply pressure on your behalf.

http://www.citizensadvice.org.uk/cabdir.ihtml

Sorry, another deposit question.

I went to look at a new car the other day and after making an appointment to see the car on the phone. After I arrived the sales man brought the car around with baby seats and things in the back of it, he explained that the car was being used by a sales person at the moment bacause they can choose any car they wanted, I test drove the car and found that everything was satisfactory apart from a cracked wing mirror to which he said would be replaced if I decided to buy. I did shake on it with a £300 deposit. The car came with an 114 point check which included clutch, engine etc, 3 months parts and labour warrantry, 12 months MOT and 6 months tax. when I went to collect the car today the mirror he said he would repair wasn't, it was patched up quite badly and had a few extra scratches on it which he said where already there when I looked at it which was a load of bull. I asked the man if he would fix the mirror, which he said he would do.

I also asked for another test drive in the car before I commited the full asking price. When i got in the car the mileage was quite higher than the day I left the deposit, 50 miles in total. I asked the sales man about this and he refused to comment.

I then decided not to persue the purchase and asked for my deposit back, the sales man stated they could not give the deposit back because they had to valet the car and had paid for the MOT and that I signed to pay for the car. I did sign the invoice on the basis I described above.

I am just wondering where I legally stand on this matter and if i would be entitled to some/all of my deposit back.