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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I contacted Bristol Street motors recently re a car online.

Resolved Question:

I contacted Bristol Street motors recently re a car online. It was in Chesterfield so they said they could send it to Chingford for inspection. I paid a £250 deposit.
I looked at the car but have not decided to purchase but cannot get my deposit back
After my initial enquiry I had an email saying I had purchased which I wrote to complain and received a call to say don't worry if I don't like it was no problem
At no point has anybody said I would not get my deposit back
A precedent was set in that a month or so ago we left a £250 deposit for a car which we did not go ahead with and got our money back
Do I have rights?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you agree to any terms and conditions? Did it say the deposit was not refundable please?

Customer:

The online request was then taken up by the Chingford office. The sales person was the same sales person we had previously paid a £250 deposit for a hold on a car for 7 days which was in the dealership but which we did not go ahead ( we sound a pain but honestly we did not mean to mess anyone about). Following the online request this same sales person from Chingford took this enquiry up requesting £250 deposit. nothing was emailed or said about a non refundable deposit

Customer:

Alex, please also confirm my fee is £36 and no more at present. I cannot afford to lose more money

Alex Watts : Any billing questions might I invite you to contact customer services?
Customer:

I have been asked to rate but have not had an answer

Alex Watts : You can't rate yet as I have not ticked the box.
Alex Watts : In the online request does it include any terms and conditions?
Customer:

there is a huge T and C list, I assumed I rate when you have answered

Alex Watts : Indeed.
Alex Watts : Can you check to see if the in terms if mentions about the deposit
Customer:

oh sorry, I thought you meant about this site

Customer:

I did not receive a T&C list for the deposit it was just a tel call

Alex Watts :

Ok - then you have 7 days under the distance selling regulations to change your mind

Alex Watts :

The deposit is 100% returnable

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?

Customer:

I think I can go forward now Alex , thank you for this information

Customer:

Sorry Alex pressed the wrong button

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Great - glad I can help

Alex