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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I have signed for the purchase of a seconhand car last Friday,

Resolved Question:

I have signed for the purchase of a seconhand car last Friday, I have since changed my mind, im told that the 300pound deposit is not refundable as the car has been taken of the sellers for sale stock and the deposit is not refundable, is this correct
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

I presume that you did not agree cooling off rights?
Customer: replied 3 years ago.

I was not made aware of a cooling off period

Expert:  Jo C. replied 3 years ago.
Did you do the deal in store?
Customer: replied 3 years ago.

 


I made the the deal at the dealers car dealership

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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