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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I sourced a new van on ebay from a dealer. This dealer is 3hrs

Resolved Question:

I sourced a new van on ebay from a dealer. This dealer is 3hrs drive away which isn't a problem.
I have not physically been to view the vehicle or meet the dealer. I just studied the photo's and spoke over the phone with the dealer. I was happy to proceed with giving the dealer a £1000 deposit (bank transfer) to hold the truck for four weeks. I require finance to complete the sale. I am currently awaiting a re mortgage to complete which the dealer is aware of. I am unable to arrange the finance as this will effect my credit rating. Now my mortgage adviser has been telling me that the remortgage will complete next week, next week over the past 3 weeks!
The four weeks time limit comes to a deadline tomorrow. I received quite a heated and aggressive call from the dealer yesterday Friday 19th. His exact words being when I answered the phone - Are you coming to get this f'ing truck or what? I had spoken with his colleague the day before (Thursday) to keep him in the loop to which he suggested was not a problem and to continue keeping them in the loop. I even offered more money!
I relaid this to the dealer who then continued on to be extremely rude and aggressive, which has resulted with me coming to a decision that I do not wish to deal with this dealer! I'm a director of my own company and would dismiss anyone of my staff if I heard them talking to a customer the way he did towards me.
My concern/question is - can i legally ask for my £1000 deposit back? Does buying from a distance or off premises give me the rights to ask for my full deposit back?
Many Thanks
Carl
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
Did you purchase the van as a trader or as a consumer?
Customer: replied 3 years ago.
Consumer
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.
Yes, you have the right to cancel the order and ask for a full refund, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 which Ebay has advised businesses trading on its site to comply with.
See here
http://pages.ebay.co.uk/businesscentre/returnsandthelaw.html
If you have any problems getting your money back, please contact Ebay for assistance and or report the person to trading standards. You may also take court action against the dealer if he refuses to pay up.
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