Car dealer refusing to refund deposit - can they do this?

[DrMalloo]

Hi,

Would appreciate anyone’s experience/view on this legally.

 I recently found a used car online that I wanted to view on a dealer website and there was a ‘Reserve this car’ option. So I filled in the form and the next morning the company called me to take a £250 deposit. I asked them if the deposit was refundable and they said yes it was. I told them I’d try to get to see the car the following Saturday and left it at that.

When the Saturday came around my day totally fell apart but I still thought I could get to them before they closed. The sales guy called me asking where I was and when I apologised and explained it would be another hour before I could get to them he said he couldn’t wait and had to close. I explained that it was literally the only day for several weeks that I had any chance to view the car and so that he’d better just unreserve the car. He said ok and went on to say he would issue a refund.

Fast-forward 4 days and after many phone calls asking when they would be able to refund me they are now basically saying they are keeping my money because I messed them around, and as a result they missed out on selling the car to someone else. They are also saying that the deposit committed me to buying the car UNLESS I found that they had lied about something or about its condition.

My question is, can they legally do this? Nothing on their website says that I have to physically view the car to get a refund, or that I am committing to buy the car, and the guy also didn’t mention anything like that when I specifically queried if the deposit was refundable. He just said ‘yes it is’ with no provisos.

So if I take it further (legally) do I have a case? 


Cheers

[echat11]

Hi DRMALLOO

How did you pay the deposit? Credit Card / Debit Card?

[DrMalloo]

Hi DRMALLOO

How did you pay the deposit? Credit Card / Debit Card?

I paid with a debit card.

[des8]

Name the dealer so we can check his website.

None the less this was an online purchase and you have a cooling off period in which you can cancel, no questions asked.
as you paid by debit card ask the issuer to do a chargeback.
Your reason is that this was a distance purchase which you cancelled and the trader has refused to refund deposit, contrary to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

[echat11]

https://www.which.co.uk/consumer-rig...k-abZ2d4z3nT8q

You should also lodge a complaint with CAB who may escalate the matter to Trading Standards, no doubt the Car Dealer has form.

[DrMalloo]

I paid with a debit card.

Thanks very much for your advice, yes they're called Thompson & Thompson, Caldicot, Gwent. www.thompsoncrickgarage.co.uk

I've screen grabbed the website for myself to show that at no point are there any specific terms & conditions about what 'Reserve online' actually means. In case they decide to quickly add some now.

So I now understand that they are in breach of Consumer Contracts. I effectively cancelled the 'contract' on the day I was unable to visit the garage, but that was done verbally on the phone so no doubt they'll dispute that and it'll be my word against theirs. I'm almost at the 14 day point now so do I need to get a signed-for letter in the post today reiterating that I want to cancel the contract? I'm just concerned I make the right steps at the right time.

[des8]

Send it by email today (read receipt if you have the facility) confirming your telephone conversation giving notice of cancellation as per the regulations regarding goods purchased at a distance and you require return of your deposit via your debit card. within 7 days

The 14 day limitation for goods purchased at a distance ends 14 days after the day the goods are delivered... so still within time( ) but best not to delay putting cancellation in writing

[DrMalloo]

Send it by email today (read receipt if you have the facility) confirming your telephone conversation giving notice of cancellation as per the regulations regarding goods purchased at a distance and you require return of your deposit via your debit card. within 7 days

The 14 day limitation for goods purchased at a distance ends 14 days after the day the goods are delivered... so still within time( ) but best not to delay putting cancellation in writing

Ok thank you. Should I state on it that unless they do this I will take them to small claims court?

[des8]

Can if you want, but I wouldn't at this stage