Thank you for the reply, I have contacted my credit card company and reported the matter, they will send me the declaration from to sign that the transaction wasn't authorised by me.

The way they came to knew that I had booked the car from other dealer is: I had booked the new car under scrappage scheme and so my old car reg. no. is be notified to DVLA by dealer and when the new car is ready for delivery DVLA issue new reg. no. on new car in buyers name and register my old car details with the dealer through which they will get the car to be scrapped and thats what my previous dealer did. Now even though I had cancelled the order, dealer had not notified DVLA that I am not buying car from them and so my old car was still recorded in DVLA under previous dealer. Now when my new dealer tried to book my old car in DVLA to scrap, they rejected the request saying that this car is already registered through other dealer and new car cannot be allocated unless other dealer cancel it. So my new dealer have to call other dealer to cancel their request in DVLA so that DVLA can process their request and this is how they came knew that I am infact buying car from other dealer.

These two dealer are completely different limited companies and not in one group....Well I hope I can get my money back through credit card co. but definately learnt a lesson never put a deposit while buying a new car without any paper work.

If as you state you bought this car over the phone and without any face to face contact, then you are entitled to a Seven working day statutory cooling off period...under the "distance selling regulations 2000". This is additional to any other applicable rights that may apply in your case.

I also believe that to issue a refund to your card is fine. but it should only be one way, to then take the payment back without your pre-expressed authority is a separate transaction, it therefore becomes a unauthorised payment ...action of which they are not entitled to take.!,

The below applies equally to old or new.

http://www.whatcar.com/car-news/buying-a-used-car-on-the-internet/distance-selling/229781

http://www.out-law.com/page-430

goa1234

If you were going to purchase the car on finance, the dealership have to refund the deposit.

See the following thread for details http://www.moneysupermarket.com/community/forums/t/refund-of-deposit-on-new-car-order-from-stock-36180.aspx

First speak to the garage, remind them of their duty to refund the deposit if finance was to be used. Threaten to report them to trading standards and the Retail Motor Industry federation. If they don't play ball speak to Consumer Direct on 08454 040506.

You may also have rights having used a credit card. Speak to your card company about the situation. If you have not proceeded with the order, a refund was agreed, then in spite the garage have processed it again this must be against the rules. ie. you did not authorise the payment.

huckster

Hi there,

It sounds a little bit dodgy to refund and then retake the payment.

Do you have anything that provides the terms for cancellation and deposit refund?

You could contact your credit card company to say that they have taken the payment again without your permission, and see where that gets you.

Unless you immediately or previous to cancelling booked your new car through the other dealer, how could they know that you weren't having difficulties with finance and didn't magic these away inbetween cancelling and finding a better deal.

Does the other dealer have the right to find out that you subsequently bought the car from another dealer. If it is in the same group, could you potentially get this payment taken off the car you eventually purchased if you don't get a full refund.

Good Luck.

Sparky

I had put a £250 deposit to hyundia dealer to buy new car. I paid them through my credit card over the phone. I was told that I can change my mind anytime before the delivery of car which can take upto 3 weeks. I have not signed any contract/agreement nor did I recieve any terms & condition letter from them. After 2 days I found a better finance deal and immediate delivery of car from other hyundai dealer and so I cancelled the order from previous dealer just after 3 days stating that I do not intend to buy car as I am having financial problems. They refunded the money back to my card, but later they came to know that I had booked the car from other dealer and they charged my card back stating me that I lied the reason I gave to cancel the order and as per their company policy they do not refund deposit and not bound to send any agreement terms or contract. Can anybody advice me what are the laws in this situation and what option are available with me to get my money back.