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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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3 weeks ago i went to a car trade to see a car !i saw a car

Customer Question

3 weeks ago i went to a car trade to see a car !i saw a car but i was need to get finance!i spoken whit the dealer and whit a person from car finance!they told me i am accepted !i've told that man for finance i need finance for 4 years and he told me everything is ok!i paid 925.00 like part of the advance and i signed an deposit receipt and an customer declaration where is written this payment is not refundable in the event of myself whitdrawingfrom thecontract!but late in the evening the man from car finance sended me a message and told me i can get finance only for 2 years so the monthly payment isgonna be to big for me!i try to call the seller next day (saturday morning)but they told me is too late and i lose those money !please tell me if i can do something to take those money back!thank you!
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Was the non returnable deposit term specifically agreed by you or was it simply one of their standard terms please?

Joshua :

Did you receive an offer of fiance in writing or just verbally?

JACUSTOMER-bhzn2jws- : i acknowledge that this payment is not refundable in the event of myself withdrawing from the contract and deciding not to pay the balance of... and for second one :was just verbally!
Joshua :

Thanks. On the issue of the non refundable deposit, may I calrify that you are saying that this terms was specfically agreed by you or were you just asked to sign a set of standard terms that included this term?

Joshua :

Would you like to continue?

JACUSTOMER-bhzn2jws- : customer declaration:i understand that the payment of 925.00 as a deposit for the above vehicle is taken by the seller as part payment and i am entering into a contrct to purchase the vehicle. i understand that the vehicle will be reserved by the sellerfor a period of 5 days after which the vehicle will become free for sale once more. i acknoledge that this payment is not refundable...my name adress and signature!
Joshua :

Thanks. I appreciate that this is what appears in the terms. however, what is key is did you specifically agree this term or is it simply a standard term which you asked to sign without specifically negotiating or agreeing the same. the reason I ask this is because there is substantial consumer protection legislation in place that provides that just because a term appears as a standard term, does not make it enforceable unless the term was specifically negotiated and or specifically agreed by the consumer. therefore, the important question is did she specifically negotiate and or specifically agree this provision or was it simply a standard term that you are asked to sign?