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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I went to buy a BMW at this garage, told them my siutation

Resolved Question:

hi
i went to buy a BMW at this garage, told them my siutation i have just resigned from my job and intend on driving around europe, they agreed a finance agreement with a 3,000 GBP downpayment, i left a 1,000 GBP deposit, they then said they could not get the agreed financing but wanted me to make a 12,000 GBP downpayment which i did not want to do, so i cancelled the car and asked for my deposit back, they have failed to respond to my email or return my deposit, it's been nearly a month, what can i do?
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.
Did you agree rights of cancellation?
Customer: replied 2 years ago.

no

Expert:  Jo C. replied 2 years ago.
I presume you did the deal in store?
Customer: replied 2 years ago.

we discussed all the car spec's and financing basics in store, he gave me some print outs of what we had discussed ie two options 1) financing with a 3,000GBP doenpayment or 2) hire purchase, i said i'd think it over, then called him later on the phone and said i'd go with option 1, he took 1,000 GBP deposit off my credit card over the phone

Expert:  Jo C. replied 2 years ago.
I presume the agreement though was conditionally upon you getting finance?
Customer: replied 2 years ago.

yes

Expert:  Jo C. replied 2 years ago.
You don't have automatic cooling off rights but if the agreement was consequent upon getting finance then you would be able to rely on that since you did not.
They still have the vehicle to sell though so it matters not either way because they have provided no consideration for this contract.
If they do refuse to pay or do not respond then you can always sue them. You can issue here
www.moneyclaim.gov.uk
It is very unlikely that they will make you take this to court though.
You really should send them a letter before action before issuing though to protect yourself from costs.
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