Urgent Legal/Buying Advice Please

Hi all,

 

As some of you know I am/was pretty close to purchasing a TT from an import garage in Folkstone. However due to an unfortunate turn of events I’m no longer in a position to buy it. Found out last night that my mum has received a private health care bill of 15 grand to pay for a back operation next month, so the car has to wait. I’m totally gutted but family has to come first.

 

It’s not my intention to harm the garages reputation, just need some advice. I placed a £500 deposit on the car subject to inspection and it was agreed that this would be refunded if the car was no good. In light of this situation they will not refund it and have given me 2 options:

 

1. They will refund £250 (as a 1 off) & I can walk away having lost £250

 

2. They will retain the deposit which I can use if I purchase a car from them in the future.

 

I offered to provide evidence of my mums op but this was dismissed. Obviously I would

like a full refund but that isn’t an option (unless some1 knows otherwise?). So I was thinking of taking the £250 refund so

at least I have no ties and & buy from anywhere once I’m in a position to.

 

Does anyone have any experience with this kind of thing?

 

Any comments/advice much appreciated,

 

Thanks

Nice garage.... one to avoid eh?

 

Not sure tbh, did they state it was a non-refundable deposit at the time?

 

Ive just found this in the CAB (citizens advice bureau) website.... but it may be worth you calling the CAB to clarify your position with someone on the phone.

 

Deposits

 

If you put a deposit on a vehicle and later decide not to buy it, you will not be able to get the money back unless the seller agreed that the deposit was returnable if you changed your mind, for example, after having an independent inspection done.cel a contract to buy a second hand car from a dealer, see Secondhand cars, in Consumer Fact Sheets .

 

However if he didnt mention it wasnt refundable you may have something to go on.

 

If they refuse you could also advise that you will likely lose them a lot of business by naming and shaming them on the various import boards - repuations count for a lot generally. However being very careful not to be derogatory, just state the facts (as you did above!) and let people draw their own conclusions.

 

Just thinking: can you tell them that you will go ahead with the purchase SUBJECT TO INSPECTION , then inspect it (leave a few days), and advise you are not happy with the inspection (tyres for e.g.?) and as such want your deposit back.

 

Also check this link out: http://www.adviceguide.org.uk/secondhand_cars-2.pdf

Thanks for your reply Paul. I did ask if the deposit was refundable & was told it was if the inspection came back with a bad result. If I now get it inspected it will cost me more and the result maybe debatable. The garage did verbally agree to get any faults fixed after the inspection. I did pay the deposit by credit card so could take it up with my credit card co.? I'll enquire & see what they come back with.

 

I'm tempted to just cut my losses & take the £250 back but will make some enquiries.

 

Thanks again

Sorry to hear about your mum

 

It's probably not what you want to hear but I think the garage have been very fair in offering you £250 back, I wouldn't.

We all know what a deposit is for. If you make a deal and then go back on it you lose your deposit, end of story.

The garage has no legal right to return your deposit as far as I know, if they go by the book they don't have to.

 

I am suprised they haven't though, its a bit mean given the circumstances, BUT then again they are a business and if they have cancelled viewings and removed advertising because they removed your car from the market then I can understand why they want to keep some back to cover their costs

Originally posted by DaveRex

I am suprised they haven't though, its a bit mean given the circumstances

You'd amazed at the sob stories folks invent in order to get their money back, I've heard some belters over the years. Some of the reasons folks give for not paying up on eBay are particularly imaginative.

Thanks for your comments. I think the £250 refund is quite a fair offer & will probably end up taking it. Waiting to hear back on whether my mum can get the same surgeon through the nhs but she may have to wait a couple of years that way! I know it can't be helped but the timing is a nightmare.

 

Over and out for now, thanks for the advice

Sorry to hear about your problems.

 

I'd personally take the £250 and see if they'll still keep the other £250 for a future purchase. This way they might think they'll get your money in the future.

 

You don't have to use them in the future, but at least it will be an option.

That sounds like a plan, thanks! They've agreed to refund the £250 on Mon. I'll enquire then.

I dont think they are being unfair! Atleast they are giving you £250 back! You cant really expect them to believe you about your mums private health bill!! I would be cynical If I was told that................

Take the £250, say you appreciate that they didn't even have to give you that, thank them, stay on good terms for a possible future purchase.

 

Nothing to stop you popping down every month or so to keep yourself in their memory. If you're then in a position to buy at a later date you could always factor the remaining £250 into negotiations.

 

Not really worth going the 'I'm gonna name and shame you' route IMHO. It's one less garage you can deal with in the future, and they may have your ideal-spec Supra when you're in a position to buy...

 

 

Sorry to hear about your family problems though

I agree with the above. You are in a way fortunate to be offered any money back as the agreement was for the deposit to be only refundable if the car turned up bad on an inspection. If you were paying for a car that was specifically imported for you then you would be staring a whole hell of a lot more lost money in the face.. The keeping things open and asking him to keep your other money till a point you can afford a car again is not a bad idea either.

Id take the £250, It sounds pretty fair to me.

 

Sorry to hear about your Mum, hope everything works out OK