Hi,

Really need some advice I wen to test drive a car in the carshop recentley but by the time i got back someone put a deposit down on the car later in the week they contacted me to say the deal had fallen through and took some details to put in to the system to see if i would be expected for finance i was and the salesman took a £450 'holding fee' as he called it to take the car off sale and I went straight down i was shown the paperwork and told to sign it although the dealer pointed out in the paperwork it states deposits are non refundable he said this is something id need to discuss with the sales manger when i complete the deal the following morning as hed gone home as he wasnt sure of the situation because my deal had been done 'backwards', he also gave me all figures and run it through the system to give me my monthly repayments although hes not FSA registered. By the next day i changed my mind and went down but was told i couldnt get my money back by the general sales manager and he doesnt care what was told to me and discussed as id singed the paperwork and everytime i tried to explain he waived the contract in my face and said your a grown man and you signed it its your fault! he agreed to refund it only if i bought a cheaper car but i just want my money back, so im stuck in this situation now, please can anyone help with any advice on my stance and the next steps to take? thanks

Hi --- If the finance agreement has already been signed at the other end, then this deal is concluded and legally binding there is no cooling off period for deals signed on dealers retail premises. Only a very short opportunity exists in which to cancel before the credit agreement is accepted at the finance co..... by it being signed.

What date was this deal finalised..i.e. when did you sign the papers and drive off in the car. ?

Hi, I went and test-drove a car in the carshop cardiff last week but by the time I returned a gentleman had put a deposit on it and the car was off sale disappointed they said they’d contact me if things changed. A few days later they contacted me to say the deal had fell through the car was re-available and they’d need to take a £450 via my debit card as a ‘holding fee’ to take it off sale and they also took some details to see if id pass the credit check and I did. I went down the dealership that evening and spoke with a dealer who told me to sign an agreement and on it did state that deposits are non-refundable but the dealer said hes not sure if this is true as things ‘were done backwards’ and id need to speak with the sales manger the next day as he needs to finalise the deal because hes the manager and hes FSA registered, although the dealer himself whop isn’t FSA registered worked out my APR and monthly repayments. I changed mind due to personal circumstances by the next day and went down only to be told by the dealer that I cant have my money back I spoke with the general sales manager who told me the same and every time I tried to explain the situation n hed waived the paperwork in my face and said you’re a grown man and you should understand a contract and the only hed refund it is if I chose a different car. Please can someone give me some advice am I entitled to my money back?

Have you taken delivery of the car?

Have you signed an order form or a finance agreement?

Have you given any proofs of identification to the dealership? (DriverLicence/Utility Bills etc...)

JJ

This is excellent news...it sounds to me that you can have your deposit back - legally.

Having entered into a Three party agreement (you, garage and finance company) any party can withdraw from the agreement at any time up untill it's final execution. As part of this, you are entitled to your deposit back - less any reasonable costs incurred to the garage for having had the car 'off sale' in the interim.

Seeing as the likelihood of any costs being incurred is very slim, then I would expect the return, in full, of your deposit.

Tell the garage you know your rights, maybe even talk about trading standards - they'll most likely back down.

JJ

JJ -- Is correct if the deal was dependent on financing the balance, then as you state you have not yet signed the finance agreement....you can legally withdraw from the sale even if you did sign a sales contract in the garage, the deal does not become legally binding until the finance agreement is signed, accepted and in force.

Tell them that you have spoken to the trading standards at CAB and if the garage does not refund your deposit, then you are prepared to take legal action.....if you meet resistance do then in fact seek the free help of the CAB.