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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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Hi viewed a jeep on Monday20th at J.R cars of Ashford it was

Customer Question

Hi viewed a jeep on Monday20th at J.R cars of Ashford it was right at the back of the dealers site but looked excellent and sounded ok once oil hade circulated. We agreed a slightly lower price, and I left 1,000 pounds deposit on my debit card, with the balance to be paid tomorrow [Saturday] I have since spoken to several owners of the same make and model and no one has a good word to say about them. Apparently although they are not very big they are awful on fuel, slow, noisy and nearly 500 pounds to tax a year, plus many have had expensive problems, I have just read my recipte, which I did sign and on the small print it says no deposits are refundable, I understand now why he wouldn't accept the 200 pounds cash I offered as a deposite. I havnt spoken to the guy yet, thought it best get some advice first, see where I stand.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

For Jo c
Hi all I need to know can I get my deposit back when I cancel the deal. Is there some kind of cooling off period.

Expert:  Jo C. replied 3 years ago.
Did you agree any cooling off rights at the time of negotiation?
Customer: replied 3 years ago.

For Joe C
No, thought cooling off period applied to most purchases. Looks like its now cost me 1033 pounds, all I wanted to know from yourselfs is where I stand leagley

Expert:  Jo C. replied 3 years ago.
Thanks for the information. Overall, its quite good news.

Unfortunately, its not likely that you have rights to cancel. If you do a deal in store then you are locked in immediately. You do have automatic rights to cancel. You can agree cancellation rights under the contract which would be enforceable but commonly they have not been agreed because it wouldn’t be in the store’s interest.

It would be different if you had done the deal by distance. Then the distance selling regulations would give you unconditional rights to cancel.

If you cancel then you will be in breach of contract. However, they can still only claim the sum of their loss. They still have the car to sell and therefore have provided no consideration for this contract. The most they could claim here is some administration costs and maybe the cost of readvertising. That is very unlikely to be the sum of your deposit or anything close.

If you ask for your deposit back then its likely that you would get it all back. If they do refuse then you can always sue them at the small claims court here

www.moneyclaim.gov.uk

While they do have a right to be compensated for some administration costs its very unlikely that they would bother to contest such a claim on this basis as it just plain wouldn’t be worth the manpower.

Hope this helps.

Please let me know if you need more information.

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