Deposit refund

[Aaronglenn]

Hello
I am looking for advice under the Consumer Credit Act. First of all I paid this deposit with a Debit Card NOT a credit card which I understand may make a difference. So anyway I paid this car dealer 100 pound deposit as they requested. I was told after two hours that they were unable to get the finance for me unless I paid another 700 pounds. I refused to do this and therefore did not agree on any vehicle. They offered me another vehicle which I rejected as it was more than I wanted to pay. Surprisingly more expensive than the original car I was looking at. I did not leave the showroom for 3 1/2 hours. In the end I said I could not stay any longer as I had been moved from seat (not the car) to seat for supposedly 10 mins , and we had to get home. They continue to call me for two days and I just said I wanted my deposit back but they continued offering me other deals they said they could arrange. They also said the deposit was non-refundable.
Do I have any other way , after I have requested the deposit by letter to go the way of a small claims court.? I am also considering writing to the local trading standards office as I believe this deposit was taken unfairly as I was never told by the salesman ( His first day) that the deposit was non-returnable.
I have a witness to back me up on this.
Would really like some official section of the consumer act to quote in a letter.

Look forward to your advice

[TUTTSI]

Re: Deposit refund

I have asked that someone come and help you.

[Amethyst]

Re: Deposit refund

What company was this? Sounds like hell !

Visa Debit cards have a chargeback system as opposed to section 75 with credit cards - not sure yet if this is suitable for you, as unsure under what terms the deposit was paid. Anything in writing ? And what was the extra £700 supposed to be for ?

[Aaronglenn]

Re: Deposit refund

Hello Amethyst.
The company is Carcraft . They wanted deposit at the beginning to hold on to a supposed car that I may wish to purchase. As I never left the building and apart from opening the car to look inside that was basically it. There is paperwork they hold which of my personal detail. The paperwork I have for the deposit is the print out and my bank statement. I simply paid 100 pounds for the privilige of sitting in their showroom for 3 1/2 hrs. The 700 pound was what they wanted to make sure I got the finance from one of the companies they were contacting. I refused and I could be 800 out of pocket.

[Amethyst]

Re: Deposit refund

Ahhhhh lol.

Put your complaint and request for the return of the deposit back in writing and give them 14 days to refund you then take it to the small claims court, in the letter ask for evidence that they are entitled to hold a deposit. Sounds like you have nothing in writing stating what the £100 was for.

Was is a Visa Debit card ? (trying to work out if you can use chargeback in this type of situation)

Some places, legitimnately hold a deposit if you have indicated your wish to purchase a car then renege on the agreement losing them the opportunity to sell it to someone else. It covers their 'loss'. With this deposit you hadnt reserved any car for any period of time whatsoever so there can be no loss.

Some people appear to have been 'held' at carcraft for 7 hours in one go, so you got off lightly.

If you have a look on ConsumerActionGroup and MoneysavingExpert there are stacks of people who have suffered with various issues including deposits being withheld and you may find some additional help there.

[WendyB]

Re: Deposit refund

I knew you were going to say Carcraft before I got as far as the post saying Carcraft. I used to work for them, they always said the deposit was non-refundable. From what I remember, whenever they agreed that they would actually refund the deposit, they always tried to give customers the runaround for as long as possible. The accounts aren't actually dealt with at the branches, either, although the refunds have to be authorised at the branch, then passed on to accounts. I seem to remember accounts being in Newport, but I could be wrong....

[Amethyst]

Re: Deposit refund

They reckon its 10 days to get a cheque even immediately after taking the debit card payment for £100 - guess they havent heard of reversals then.

[WendyB]

Re: Deposit refund

It's just so they can keep the money for as long as possible. As far as i remember they can do credit/reversals on site, but only if authorised by a team leader and a manager and signed by both great-great grandparents in triplicate.......

The company as a whole is so tight and money orientated you wouldn't believe....and their attitude to customers and staff alike is vile, but it filters down all the way from the top. They would sack people/make them redundant etc at the drop of a hat. No room for anyone with the slightest bit of initiative or compassion.... It was in my best interests to leave before I murdered someone lol.

[shamen]

Re: Deposit refund

You can do a chargeback on a Visa Debit card, you can do it via your branch. You will need to specify a reason, such as goods not delivered/not as described/whatever - id imagine in your case its something along the lines of 'no goods/services received'.

You have 14 days cooling off on car finance by the way. Probably best to write them the letter, say you are canceling any contract under the cooling off period and demand return of payment via debit card refund. If they still refuse to refund you, then do the chargeback with your bank.

Some banks will try to tell you that you cannot actually do a chargeback on a debit card, however if its Visa Debit yes you can! If the bank doesnt allow it, they are actually breaching their own agreement to be part of the Visa Debit card network. This is from my friend at Visa Europe HQ:

It may help you if I explain the role of Visa Europe. Visa Europe is an association of member banks. Banks join Visa to either issue cards to their customers (e.g. yourself) or sign up retailers to accept the cards. Our members are responsible for all account management and billing inquiries. Account information is confidential and is proprietary to the issuing bank and the cardholder.

As Visa members, the banks agree to abide by a set of rules and regulations. This ensures that the payment system works for everyone using it – wherever they are around the world. When the bank signs up a cardholder, they have to ensure that their terms and conditions accommodate the standard requirements of the Visa association.

As you are aware, in cases of disputed sale transactions, you may be eligible for a chargeback. Chargebacks are reversals of disputed sales transactions.

Visa chargeback rules and regulations apply to all Visa credit and debit cards. As a Visa cardholder you have a right to approach your bank and ask them to request a refund if the goods and services you purchased with your debit or credit card are not supplied as specified. This also applies in the case where a merchant ceases trading.

Contact your card-issuing bank for detailed advice about chargebacks. You can contact them directly, using the address or telephone number on your Visa statement or on the back of your card.
.

[calamity jane]

Re: Deposit refund

You should also note that there is a time limit for a Visa Debit chargeback (120 days of your becoming aware of a problem)



CJ