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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am currently trying to get a £500 deposit that was confirmed

Customer Question

I am currently trying to get a £500 deposit that was confirmed verbally would be refundable should there be concerns about the vehicle I was looking to buy. I have now asked for a refund for over two weeks now and refuse to provide a refund and no longer taking my calls.
They have provided me with Store Credit, however I have now purchased a car from a delaership which is trustworthy.
I have found others that have experienced the same and understand one is taking legal actionl.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Is this a dealership you are talking about?
Customer: replied 2 years ago.

Yes apologies, they are called Sascron Ltd

Expert:  Jenny replied 2 years ago.
Did they give you a receipt when you handed over the deposit and how was it paid, was it cash or credit card?
Customer: replied 2 years ago.

It was over the phone as over a bank holiday weekend, using a debit card.

I have attached the order form I received when paid, however they couldnt guarantee the mileage and following all other checks made we didnt feel confident to go ahead with the sale without a full history as to why the car had multiple MOTs, multiple Identy checks.

We were advised at the time of placing the dpepsoit that no work would take place on the sale until 3 days later, when our sales manager would be here so no work was made.

Expert:  Jenny replied 2 years ago.
I can't see that attachment unfortunately. Were you told that the deposit was refundable?
Does the paperwork say something different?
Customer: replied 2 years ago.

Verbally yes when we made the call.

The paper work states deposit are non-refundable, however we never signed the order form.

Expert:  Jenny replied 2 years ago.
Ok this may, unfortunately come down to your word against theirs.
You should contact trading standards to get a reference number and use this on correspondence with the dealership.
You should write a 'letter before action' stating that you paid the deposit on the basis you were told it was refundable on the telephone. YOu should give as much detail as possible. You should say that you were not satisfied that the vehicle was suitable and accordingly have asked for the money to be refunded in accordance with your verbal agreement. You should state that if the money is not repaid within 7 days you will have no alternative but to issue court proceedings to recover your money plus your costs.
You will be able to do so using the money claim online services.
The website address is www.moneyclaim.gov.uk
Hopefully this will lead them to repay.
If you have any further questions please do ask.If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 2 years ago.
Hello is there anything further you would like to know about this?
Customer: replied 2 years ago.

If I have already put all of this in writing should I just go directly to small claims?

Expert:  Jenny replied 2 years ago.
yes you should but you need to be sure you have actually threatened proceedings in the past.
If you have not you will need to write again to put it clearly to them.
I am happy to answer your further questions and would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.
Many thanks
Customer: replied 2 years ago.

Should I wait until I have the Ref from Trading Standards prior sending an email?

Expert:  Jenny replied 2 years ago.
It will help you in the sense that the Dealer is more likely to take you complaint seriously. This is particuarly the case if they are an outfit that is in the habit of promising refunds orally but refuses to give them as they are likely to have received previous complaints.
Expert:  Jenny replied 2 years ago.
Is there anything else you would like to know. I note that you have not yet rated my answer which is an important part of the process.
Jenny and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

When i didnt receive reaponses back from the dealership i started looking on websites to see if this had happened to others. I found a couple and one who wanted to discuss things so spoke to him and he has just had a call from the dealership agreeing to refund his depoait based on 14 day cooling off period.... would that apply to me?

The dealership were willing to provide me a credit however I have since bought a car... do I have a good chance with small claims claims?

Expert:  Jenny replied 2 years ago.
Please bear with me whilst I prepare a response
Customer: replied 2 years ago.

I am currently in the lake district where signal is terrible. We are back in the area at the weekend so no rush. Thanks

Expert:  Jenny replied 2 years ago.
No prob, I'll be back to you soon.