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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good morning, I agreed to purchase a used car from a large

Resolved Question:

Good morning,
I agreed to purchase a used car from a large warehouse car dealership on Friday afternoon. I have not taken delivery of the vehicle yet.
I agreed telephonically to do the deal, and gave the company my debit card details with instructions to debit £250 from my account by way of a holding deposit.
On Saturday morning, after visiting my new home, it becme apparent that the garage was too short to accommodate the new car, and I went down to the dealership to explain the problem. We agreed to buy an alternative vehicle, and this time I was presented with a contract to sign. Regrettably I signed it.
The financial breakdown was not identical to the agreed first purchase, in that they reduced the agreed trade in value , by one hundred pounds, but I did not realise this at the time of signing.
I have discovered this morning, after opening up my bank statement, that this company has debited my account on two occasions for the amount of £250.
What are my options?
Am I able to withdraw form the sale, using the 7 day cooling off regulation?
I am new to the UK, and am not familiar with the legal aspects of consumer rights etc.
I'd be happy to hear your advice.
Thank you, XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Hi Ben,

Customer:

I'm on line with you.

Ben Jones :

Did you agree to the deal at the dealership, once you saw the car in person?

Customer:

I agreed to buy the first car at the dealership. Paid the deposit by means of a phone call from a shopping centre some miles away from the dealership.

Customer:

I have yet to see the second car

Ben Jones :

Do you wish to cancel both deals?

Customer:

I would like to do this, yes. I don't like being taken for a ride by unscrupulous people

Ben Jones :

Did you agree to pay a deposit for the second car?

Customer:

Not that I am aware of. The salesman told me that the original deposit would be transferred to the new deal. The double dip debit was taken by them before they even knew of the first car being to long to fit into my gargage

Customer:

Are you still with me? I had a glitch this end

Ben Jones :

You won’t have an automatic cooling off period here because you agreed to both deals in person and the law does not give you a cooling off period on these circumstances. You may have agreed to pay the deposit over the phone, but the original agreement was already made in person at the dealership.


 


Generally, when a person places an order for something and pays a deposit they enter into a legally enforceable contract with the seller. It is implied that the seller has accepted the deposit as security and as proof that the buyer wants to proceed with the contract.


 


Unless the seller subsequently commits a serious breach of contract, or there was a cancellation clause, the buyer would have no legal right to cancel the agreement and if they do so they will be acting in breach of contract and risk losing their deposit.


 


However, as this was a business seller, they will be subject to certain consumer rules and regulations. For example, you will have some protection under Schedule 2, Regulation 1(d) of the Unfair Terms in Consumer Contracts Regulations 1999. It states that if the contract has been cancelled after a deposit has been placed you are entitled to have the deposit returned in full, unless the seller has spent time, effort and money, in which case they can deduct reasonable expenses. Even if some expenses have been incurred, if these are subsequently recovered, for example by selling the item to someone else, the deposit should still be returned in full. It follows that a blanket non-refundable clause that entitles the seller to keep the deposit in all circumstances is most likely going to be unfair and unlawful.


 


Also you can try and claim that they have acted I breach of contract by debiting a double deposit when you were specifically promised the original deposit would be transferred to the new purchase.


 


If you are having difficulties in recovering the deposit when you believe you are entitled to have it returned, advise the seller that you will not hesitate reporting them to the Office of Fair Trading and, if necessary, pursue the matter further through the county court. Exerting such pressure could often work in changing the seller's position in this matter.


 

Customer:

Thanks . I shall consider your advice. I now know where I stand. Much obliged.

Ben Jones :

You are most welcome, all the best with this

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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