Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Did you have an agreement over the deposit? For example did it have any terms over if and when it may be refundable?
no the car salesman just said i should pay £ 1000 to take the car of sale
hi. how does this work ? do you email me an answer ?
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. This is especially true if the deposit was described as non-refundable.
However 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.
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.Finally, you may even consider pursuing the employee over this because it was their breach of contract (not going ahead with an offer they had formally accepted) which caused you such losses.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hi. thanks for the reply. i'll start the porocess with the car dealership so fingers crossed.
i might attempt to contatct the potential employee although to be frank i'm not sure what he said by text is a 'formal acceptance' so your commetns on that would close the matter for me ?
well it does not have to be anything specific in writing, signed, etc - even a verbal acceptance can be formal if he had clearly notified his intentions of his acceptance and you had relied on that to proceed
super, thanks, bye
bye, all the best