Hi,

I have recently had a simalar problem. I went through "money claim online", the fees are reasonable and you can claim them back from the car dealer. Definately worth a look.

Well guys,

I am happy for the person who took back the deposit, Unfortunately I did not get mine. I've contacted Consumer Direct and all they tald me was I need to write three times to the dealer and than talk them to Small Claims Court. I've sent one letter to the dealer, but did not get reply, so Im gonna send him another one. But I still have no confidence if I am right or not. Can any one try help me because those dealer seems to be not bothering at all.

Can you tell me the contact details or how to find those trading standard office or any other organization who can think and give real advice, and not like Consumer Direct who just log on case.

Good work that man. Hard-ball is the usual first approach a Dealer will adopt and some will roll over.... but they know the rules... :-) :-) :-)

JJ

ps, man, by the way (last time I checked!!!)

JJnauhgalty

You are the man! Or, you are the woman! I've just got back my £1500 deposit following your recommendation in other posts. I just went to the dealer's and said to them I've been advised by an expert to tell them I want my deposit and the deal cancelled immediately. They tried to say they've done nothing wrong, and I insisted I speak to their manager. They came back with my refund!

make a written record of everything including the dates when you called/phoned the dealer.

you should go to a CITIZENS ADVICE BUREAU and they will negotiate on your behalf with the dealer. they will give you unbiased advice, and tell you straight if you have a case or not.

if you need to go through a small-claims court they will advise you.

or you could go to your local TRADING STANDARDS department.

they will all do this for free.

be warned - this kind of thing can take months to resolve.

In short, yes.

The Three-party agreement into which you have entered is cancellable, up to the point of execution of the agreement, by any of the three parties, with a full refund of deposit. This is your right under the consumer credit act.

Tell the garage, in writing, that you know your rights and will be seeking legal advice should they not refund your deposit, in full, within 10 days of the date in your letter.

JJ

jjnaughalty

I deposited £1500 to a Toyota dealer to buy a car costing £4500 on finance. The dealer tried a number of lenders who refused to lend the £3000 difference to me. I said to them the finance is taking too long to be obtained and I would want my deposit back as I urgently need a car to go to work. They know my last car has run out of MOT and I need a car badly to go to work. They've tried a number of lenders and haven't got finance. But they say they won't give me the deposit back as they ARE STILL TRYING TO GET FINANCE FOR ME FROM OTHER LENDERS - EVEN PERPETUALLY.

Please advise: can I back out now and have my dseposit back?

Thank you for your reply. The dealer put the car off sale indeed but until 31/Dec he only manage to purchase some bits and even did not clean the car inside and no any preparation has been done. Is that mean I am liable for the parts he purchased and how much could be the reasonable cost for keeping the car off sale. It is written on the receipt that dealer can keep deposit for preparation of the car and keeping it off sale and we do not have in writing the particular date for the car to be ready. But he verbally confirmed it will be 29 no late than 30 Dec and I think he is in fact of breach the verbal contract. Looking from another side he could prorogating the preparation of the car as long as he wants which I do not think is a genuine deal. He could easily sell the car if I haven’t sent my friend to see what is going on because on the receipt is written he could do it if I do not ask for the car within 7 days. So my friend asked on my behalf on the seventh day and the car was not ready at all. I understand it was Christmas and warned him I do not want to wait after 1Jan2009 and he said it will be ready before 1Jan but he could not do it because parts has arrived on the 31 Dec and his Mechanic was away for how long he could not even say. And that's make me feel I could not trust him and more over I needed the car before 1 Jan 2009.

Now can I recover full deposit and if not what part is the reasonable for him to keep if he has a right, but I do not think he has a right to make promises when unsure if he can make it to comply with my expectations.

Thanks again.

If you agreed to finance the outstanding amount for the car with the Dealer's finance company then you can cancel at any time up to inception of the agreement and you will be entitled to all of your deposit back.

If you agreed to effectively pay 'cash' for the balance (i.e arrange your own finance) then the dealer would be entitled to retain some of your deposit to cover reasonable costs of keeping the car off sale and preparing it for you (which, to me, doesn't sound like much).

If you have it in writing that the car would be ready for a certain date and it wasn't, then the dealer is in breach of his contract and therefore your deposit is refundable.

Hello,On the 24/12/2008 me and my friend went to a dealer and I have put down a deposit of £200 for a car. Dealer prommised he will make the car ready for me on the 29/12/2008 but no latel 30/12/2008 . On the receipt for the deposit was written If I do not take the car after 7 days they will sell it however nobody called me so I asked my friend on the 7th day - 31 Dec to go and see was the car ready but the car havent been touched yet. The dealer said to my frien he was waiting for parts and those parts has just arrived on the 31 Dec and dealer estimated the car will be ready somewhere few days after new year. I said to my friend to tell the dealer I do not want this car any more and I want the deposit back. Dealer stated I m gonna lose the deposit but I have bought another car from another dealer on the same day -31/12/2009 because I needed it.We asked him several times is he sure the car will be ready before Ney Year and he assured us but now he make an excuses for the delay with parts delivery and I can not trust him any more because he can delay this car for months. Is there any chance I can recover my deposit from the dealer who could not prepare the car roadworthy within the time limits he put himself? Thank you for your advice