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Lost deposit?


rob63

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While I disagree with everything I'm about to say in the interests of it possibly helping you out you could look at the following.

 

If the deposit was taken over the phone you should be able to persue the route of distance selling rules..

 

Talk to the dealer and tell them you have taken advice and they arent legally alowed to hold your deposit

 

if they dont play ball mention solicitors involvement, distance selling rules, trading standards, lots of forums you frequent etc etc.

 

while they "could" hold out many dealers will just give you your money back because its not worth the hasstle in the end over £500.

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I'd check whether they've actually had the work done.

 

At the retailer I work for, we're not in the business of ripping people off. We are still a business at the end of the day though, not a charity.

 

If a customer wanted some work done that probably wouldn't be done normally, then cancelled, we would deduct the price of the work from the deposit and refund the rest.

 

How big is the panel? For example, if we wanted a bonnet painting on a car, it's going to cost us about £150+VAT.

 

 

Often though, we'd agree the above, customer would cancel and the bodyshop hasn't had time to do the work. We'd refund the deposit and not worry about the paintwork as it's not been done yet.

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I know it sounds harsh but i agree with Ekona, if the deposit was fully refundable in these circumstances then there is no point in it in the first place. It's purpose is to safeguard the seller and give the purchaser security on the purchase

 

I would discuss the matter with the garage and state you are willing to pay for the work done and reimburse time and effort on their part and hope they accept the offer and as a goodwill jesture of goodwill give you some of it back.

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I had to put a £500 deposit down when I bought mine from Nissan as I wanted them to do some rectificaiton work before I would accept it. I asked if the deposit was refundable and they said yes as if I changed my mind after the work had been done then they could sell the car for more which would cover the repair costs. I then asked them what was the point of the deposit then and they said it was just a way of making sure I was being serious about buying it. Even when I went to pick the car up I had the offer of declining it / changing my mind and receiving the full deposit back.

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Hang on a minute...

 

 

Bloke goes to buy a car. Puts down deposit on promise of work being done. Work gets done, and then the bloke calls up and says "oh sorry, I don't want the car anymore, can I have my deposit back?". Sorry, but why should the dealer have to suffer in any way, shape or form for this? Not only do you have his cost for the actual spraying that's come from another party (I assume), but you've also got his time for sorting it all out and then his time having the car in stock and not trying to sell it. That's a lot of wasted time and money, and he's not in the job to simply do people a favour.

 

If you put down a deposit on a car and then pull out, you should lose the whole lot. A deposit is there for the protection of both parties, and if one person puuls out why should the other suffer any kind of loss at all? Sure, as a gesture of goodwill he may want to give some back, but given you're unlikely to go back there to buy anything from him then I wouldn't blame him for keeping the lot. Sorry chaps, this is the real world where people have to make a living. He is fully entitled to keep the lot assuming the paperwork is correct, credit card or not, and if the paperwork isn't correct only then does it become the dealer's problem.

 

I completely agree. If a deposit with placed with a clause in place (that x is repaired, that it passes an AA inspection etc) and the clause isn't fullfilled by the seller then the deposit should be returned*. If the buyer simply changes his mind then there's no way the seller should return the deposit.

 

*Even in this circumstance it's hard to get a deposit back though, depending on how honorable the dealer is. Small claims etc etc - pita.

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I am aware I have to pay for the work carried out, and that's all I'm liable for.

 

And the re-listing costs. And, if you're unlucky, storage costs of for the time between entering an agreement to buy the car from them and the car being re-listed. This, of course, is dependent on any agreement that you signed. In which case your best chance of getting anything back is;

 

 

I would discuss the matter with the garage and state you are willing to pay for the work done and reimburse time and effort on their part and hope they accept the offer and as a goodwill jesture of goodwill give you some of it back.

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Well, just to put closure on this subject.

 

After numerous emails and telephone calls to the dealership, of which all were ignored, they did eventually get in touch. Having sought advice I was informed that all I was responsible for was the cost of any repair work carried out, as per my previous posts I had never not been willing to pay this. I did however question the £475+vat cost of painting a door.

 

The sum I offered has been accepted by the dealer, somewhat less than £500.

I could have called the credit card company, filed for a disputed payment and in all likelihood paid nothing back, not my way.

There was nothing in T&C re non refund of deposit.

 

I have over the years bought many cars and bikes through dealerships and had it has always been a trouble free, in many cases bordering on a pleasurable, experience...there were many things that turned this episode into a less than pleasant one.

 

To all that had offered advice I thank you, whether it was in the positive or the perceived negative! :thumbs:

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