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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have given a Deposit of £400 cash as evidence of my good

Resolved Question:

I have given a Deposit of £400 cash as evidence of my good intentions, on a second-hand car worth some £11,000 pending the car being mechanically examined and them satisfying me that a Blue Tooth telephone system could be fitted. After paying this sum I was told that the number plates were being changed and they would phone me back . I phoned on Monday to be told that I would have to speak to the Manager about the return of the Deposit as I had decided by then not to go ahead and that the Manager would phone me. I have heard nothing which makes me rather more concerned and I needed some support as to the best way forward. Thank you very much in anticipation of your assistance. Yours sincerely. Roy XXXXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I presume this wasn't a finance deal?
Customer: replied 2 years ago.

not a finance deal

Expert:  Jo C. replied 2 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.
The only way you may be able to cancel lawfully is if they haven't done the work. Clearly there was a condition to this contract that they have to fulfil but proceeding for the moment on the basis that they have.
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.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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