Cancelling a deposit fir a used car- legal situation advice?

A

Adrian888

A2OC Donor
I have dropped a bit of a clanger with a deposit on a car. Have been looking for weeks for an A6 tdi Quattro estate and after looking at rubbish or just missing out on a sold car I had a brainstorm and put a deposit on a Touareg last Friday I saw in a local VW dealer. Nothing wrong with the car as such, I have simply made a mistake and realise the Touareg is just not the car for me. Can anyone advise on my legal obligations or 'rights' to back out of the deal? I paid a £500 deposit
 
andynics1 said:
Id go with the lost my job angle - it may feel uncomfortable lying but it's the quickest and most route to your £500 back,



Andy Nicoll
07977170544

JDM Import specialists
www.facebook.com/bhpimports
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I'm surprised your suggesting Adrian tells lies here Andy given we are reminded you are in the motor trade on your every post! :p

I'm no expert however I was of the understanding that a consumer has a 14 day 'cooling off' period during which time they can change their mind without penalty. As the car hasn't been collected and hopefully no repairs carried out - I don't see how the dealer would be out of pocket or inconvenienced to justify withholding your deposit.

Did you pay the deposit by credit card Adrian? I believe that fully protects you too if you did.

I'd be more inclined to tell it like it is and say you've changed your mind the Touareg was a bad decision for you and you want to look for a different car. Please can I have a refund of my deposit.

Give citizens advice a call or a bit of online research if you want to be comforted with the legal position but I'm fairly sure all the rights are with the consumer here.
 
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Sob stories/lies can become a noose and given I currently work for the local council my job situation is easy to check. I also told the salesman I am changing job soon (I am) and need something reliable for the mileage I am likely to be covering along with I do need 4wd for towing, fwd is useless on wet grass when pulling 1.6tonnes of caravan. (The A6 I have is developing various idiosyncratic behaviours at the moment). My instinct is to tell it as it is albeit backed up with the true legal situation. Unfortunately I paid cash simply because I had it from another transaction the previous day and obviously didn't think I was going to cancel.
 
I'm lied to constantly in the motor trade by customers - in my opinion - if a deposit paid on a car and then the customer has simply changed their mind and wants a refund - they have "bought" themselves the option of securing the car and have taken away the option for the dealer to sell to someone else - hence the purpose of the deposit. Personally I'd probably give the deposit back if someone was honest to me - but I'd be annoyed as my time has been wasted at my expense. However if (like its been said to me many times). Someone suggests they can't continue with the car sale because of a change in financial circumstances (house repairs, job changes - promotion fell thru etc). Then of course I'm sympathetic.

It's just how it is, that's my advice - the east option to get your cash back is my advice - morals aside -

Hope this helps -

All the best




Andy Nicoll
07977170544

JDM Import specialists
www.facebook.com/bhpimports
 
I totally understand Andy, my ex was in car sales for years and have heard it all hence I prefer to be honest. This is the first time in having owned over 50 cars I have had serious second thoughts to the extent of pulling out of a deal. I accept I will probably lose the deposit however better that than being tied to the wrong car for the next few years!
 
Does this help:
http://www.thecarexpert.co.uk/bought-a-car-and-changed-my-mind/

Doesn't look good from a legal perspective. Legally the dealer could force you to buy the car but as that needs legal action then it's unlikely and he will probably be content with the deposit. Try the sob story, after all an unhappy customer is likely to bring the vehicle back under warranty for every trivial thing they can find.

Also more general advice here:
https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-service-youve-arranged/

good luck
 
My 2p worth. A deposit is there to retain the vehicle for your exclusive purchase if you choose to do so. If you change your mind the deposit is there to recompense the seller for keeping the vehicle and re-advertising if required. As there has been no contract signed there is no legal obligation to purchase or go further but the deposit should be kept by the dealer unless they have another sale lined up and have conducted no work in which case it is down to their conscience if they wish to retain or refund.
 
I'm also on the page that there is no legal obligation to return the deposit.
A VW main dealer is however likely to take a reasonable approach if you are honest and explain your change of heart.
I'm sure they will have heard every 'sob' story under the sun and know most of them are lies so I'd personally not go down that road.
If there is no offer to return your deposit, ask what expenses they have incurred and possibly repay the difference - if any
Alternatively, ask about a credit note which can be spent at the dealership, either on service items or possibly as a deposit on another car you may buy in the future.

Best of luck

Spike
 
There's definitely no legal obligation to return the deposit if you simply change your mind (there might be in other situations, for example the vehicle isn't as described, is damaged/repaired in the interim, etc etc) so I'd simply tell the truth and hope for a part-refund of the deposit. A dealer is going to be annoyed but they're unlikely to have committed to >£500 of work on the car, so they won't have actually lost out.
 
The very small print does say the deposit is non refundable and I am liable for any costs over and above which the dealer has incurred. The car was fully serviced just prior to trade-in and deal is inclusive of 12 months VED and new front tyres and whilst they may have fitted the tyres by now, it will not have been taxed. I have to say I am so stuffed with work pressures elsewhere at the moment I think I will simply get on with buying and put it down to experience..... There are worse cars than a Touareg!
 
mrbroons said:
My 2p worth. A deposit is there to retain the vehicle for your exclusive purchase if you choose to do so. If you change your mind the deposit is there to recompense the seller for keeping the vehicle and re-advertising if required. As there has been no contract signed there is no legal obligation to purchase or go further but the deposit should be kept by the dealer unless they have another sale lined up and have conducted no work in which case it is down to their conscience if they wish to retain or refund.
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Wow. I stand fully corrected but it seems incredibly harsh and unfair. Unless it's been prepd though the workshop and hours spent on it the retainer of 500 pound feels morally wrong if a customer has a change of heart. Note to file for self. I'll not be parting with more than 100 quid deposit on a car ever !!
 
Keeping the deposit low is exactly where I would be heading Murdo although this is usually a factor of how expensive the vehicle is in the first place, I'm never at the £500 deposit mark with what I purchase, that's practically full payment! ;)
 
murdo said:
Wow. I stand fully corrected but it seems incredibly harsh and unfair. Unless it's been prepd though the workshop and hours spent on it the retainer of 500 pound feels morally wrong if a customer has a change of heart. Note to file for self. I'll not be parting with more than 100 quid deposit on a car ever !!
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But there's 2 sides to everything. The dealer could have sold the car to someone else if it hadn't already been "sold" with a deposit down on it, if deposits were eliminated, or made refundable (thus negating the point of them) there would be loads more sales falling through and buyers messing car dealers/sellers around.
 
Your deposit is lost unless there was a big problem with the car which the salesman hadn't mentioned (for example, 'not as described').

Your best bet may be to see if the same dealer/salesman has a car that you actually want, and ask them to transfer the deposit to the alternative car. Legally they don't have to, but they'd probably see it as a win.
 
Have been trying to contact salesman since yesterday morning, no replies to calls or emails...... Have also copied email to sales manager.
 
The dealer is being totally unresponsive however in the meantime I have bought a VW Passat Alltrack, very pleased with it!
 
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