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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i have placed a £600.00 payment over the phone to a garage

Customer Question

i have placed a £600.00 payment over the phone to a garage to hold a car for me yesterday (wed 12/02/20014) they informed me they had other people coming to see vehicle but as we had organised a finance agreement < not signed it was just an acceptance to be signed when i arrived to see vehicle today (thurs 13/02/2014) unfortunately my daughter came to me needing my financial help last night (12/02/2014) this meant i could not commit to car as she was my priority, i phoned garage today explaned situation and offered to stand £300.00 of payment as i felt bad that the garage could have lost a potential sale of car, garage informed me they would keep £500.00 and send me a cheque for a hundred. is this legal
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 it agreed that any part of the deposit would be non refundable please or was the issue not discussed?

Customer:

i had not seen vehicle and it was transacted over phone so it was not face to face, he described vehicle to me and it sounded good a agreed to the deposit, he did say it would be refundable if the vehicle in my view was not roadworthy or not as he had described to me, ie srcatched

Joshua :

Thanks. On the basis that you did not see the vehicle prior to placing a deposit then unless you agreed specifically that the deposit was not refundable you have a right to cancel any contract under the Distance Selling Regulations. This position changes if you have sight of the vehicle so all you need do is claim a refund under the DSRs on the basis that the transaction was made over the phone.

Joshua :

Notice of cancellation must be made in writing - email or fax is fine.

Customer:

so i need to send email cancelling the agreement ?, he did say that if i arrived at garage and saw the vehicle and simply change my mind there would be no refund of deposit, so is the above still relevant

Joshua :

In addition and subject to the above, they are under a duty to mitigate any losses on their part in respect of any deposit they take. What this means is that they have to attempt to resell the car and you would only be liable for any difference between what they can resell the car for and what you were willing to pay for it. I the dealer disputes that the DSRs apply to the transaction on the basis that no contract yet exists (which he could attempt) then you can consider falling back on the above mitigation rules.

Customer:

does a time frame of when monies taken from credit card and informing them of circumstance which caused my change have an bearing on the situation as it was just over 12hrs

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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