Hi all and thanks in advance for any help with my post.

I recently enquired at a second hand dealership about a 4 year merc that was for sale at £15,500. After a brief inspection in the showroom of the car and a short test drive of the car, I agreed to purchase the vehicle. I was asked to make a deposit of £1,000 and to return a week later with the remaining £12,500 and collect the car. (I was allowed £2,000 tradein for my own car). However before leaving the garage premises, I asked to be shown some of the cars functions (now parked on the forecourt) while the salesman was doing this, I noticed area's of the car that had clearly been resprayed and an issue with the alighment of a door mirror. The saleman initially denied the car had been repainted, claiming the the "over spray" that I had found was "car polish", he finally agreed that there clearly had been some repainting of the car. I had now totally lost confidance the the car and the honesty of the garage selling the car, so I informed them that I now no longer wished to proceed with it's purchase. The garage manager now became involved and told me that I had signed a contract agreeing to buy the car and if I did not now do so, then he would be keeping my £1,000 deposit. I then left the garage telling him my solicitor would be in touch, as I didn't want to waste any more time arguing with him.

I told my solocitor of my experiance and showed him the contract. He advised that as the garage had not sighned the contract (one of the many conditions required in the small text on the reverse of the contract) then it was not vaild.

He wrote to the garage pointing this out and informing them that the saleof the car fell foul of the sale of goods act due to the repainting and demanded the return of my deposit. The garage consequently ignored this letter and so I've gone down the route of the small claims court. The garage have said they intend to fight the claim and i am awaiting a court date once their solicitor has submitted their defence.

My question is will a court agree with the garage and not instruct them to return my deposit ? Am I being unreasonable to expect the return of my deposit ?

Thanks

You are entitled to your deposit back.

Get in contact with your local Trading Standards office as I'm sure they'd be interested to know this, and could help getting your deposit back.

http://www.tradingstandards.gov.uk/

HTH

Sparky.

Hi Sparky, thanks for replying to my post ;-)

I had already contacted CAB on the phone and basically they said if I wanted my deposit back then I would have to persue the garage through the small claims court the route I'm taking. My only worry is that although I believe I have a right to get my deposit back from this unscrupulous dealer (trying hard not to write what I really think of them) I guess I'd just like some reassurance or otherwise from an outside perspective. Also, if I was to lose my claim, could I be held accountable for additional court costs from the garage, that would really rub salt into the wound !!

Thanks again.

Planning Man

What sort of garage is this? Is it part of a chain - e.g. Mercedes Benz? If so it would be worth involving their main office / directors.

I would contact your local Trading Standards and OFT, and if they are claiming to be a member of a motor industry group or consumer direct - Some other useful links:

http://www.consumerdirect.gov.uk/

http://www.oft.gov.uk/shared_oft/Approvedcodesofpractice/oft996.pdf

www.motorindustrycodes.co.uk

Retail Motor Industry Federation

Society of Motor Manufacturers and Traders.

HTH

Sparky