Hello my name is ***** ***** I will help you with this.
I assume you signed the order?
Why did you negotiate the price for transport to £200 if you were going to take it further?
Does the order, if signed, say you can cancel it?
Yes I signed the original order and it states that I can cancel if the price of the goods increases, I guess this only applies when new cars are being ordered.
When I agreed the deal, I was told that because I had not seen the car, I could reject ti for whatever reason, under the distance selling regs. I agreed to pay the £200 because I was unsure of where I stood with regard to this and wanted to investigate further.
Did you go into the dealer an sign the order or was it concluded over distance?
The deal was done at the garage, however the car was not there so was not seen. Further to previous answer, I was asked if I would consider paying towards the cost of transporting the car, which made me think I was not legally obliged to, however they didn't make it easy to flatly refuse to pay!
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 signed 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.pdfand 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
So the fact that there is no reference to being held responsible for transport costs in the conditions of sale, means they have no right to retain £200 of the deposit?
Excellent! Thanks for your help.