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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, My names Geoff. On the 2nd Jan I agreed to buy a car from

Resolved Question:

Hi, My names Geoff. On the 2nd Jan I agreed to buy a car from an Audi dealership and paid £1000 deposit. The car was at another garage in Scotland and had to be transported to Surrey. In the 2 weeks it took to do that I found another car that better suited my needs and visited the original garage to cancel the order. They were obviously not happy and were going to charge £250 to cover the cost of transporting the car to surrey. I negotiated this to £200 and paid stating that I would be taking this further. There is nothing in the original order conditions saying that I must pay towards transportation costs in the event of cancellation, so are they allowed to charge such a fee!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I assume you signed the order?

Alex Watts :

Why did you negotiate the price for transport to £200 if you were going to take it further?

Alex Watts :

Does the order, if signed, say you can cancel it?

Customer:

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.

Customer:

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.

Alex Watts :

Did you go into the dealer an sign the order or was it concluded over distance?

Customer:

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!

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 signed delivery and keep a copy.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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?

Alex Watts : Indeed.
Alex Watts : Does that help?
Customer:

Excellent! Thanks for your help.

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