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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience:  Over 5 years in practice
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A couple of weeks ago, I seen a car I was interested in

Customer Question

Hi
A couple of weeks ago, I seen a car I was interested in on Autotrader, this vehicle was in Oxford.
I called the showroom (Thirsday), to arrange a visit (Saturday)...The sales person, gave me an estimated price on my car, as a possible part exchange, should I wish to go ahead with the purchase. He also asked for a £500 deposit, which was refundable, should I decide not to buy. I initially declined, but decided there was no harm, as it was to secure the car, for my viewing.
Later that day, the salesperson called me, to say that one of the managers had decided to take the car home for the weeekend, & that it wasn't worth me visiting.
I thought about it over the next few days, as I was thinking of going down at the next weekend. But I decided I didnt like the way their business was carried out, & so, asked for my money back.(Having not even viewed thevehicle)
The reply I got, was that they were unable to refund me, as they have spent the money on getting the car ready!!!
What can I do about this?
I havent signed anything, or agreed on a sale....though I do have a receipt for the £500 deposit, sent by e-mail
Thanks
Lee
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you prepared to sue them?
Customer: replied 1 year ago.

Jo

I will sue them, if it gets to that...I will wait until tomorrow for an answer from them.

The reply to my e-mail, telling me that I can't have my money back, was from a Les, whom I assume to be the managing director, but he used the salespersons e-mail?!!

Expert:  Jo C. replied 1 year ago.
Was the offer of a refundable deposit in writing or oral?
Customer: replied 1 year ago.

The ageement for a refund, was oral

Expert:  Jo C. replied 1 year ago.
Thanks.
They may or may not deny making that offer.
Either way, it makes no difference really. Even if their explanation is accepted which will be that you agreed to buy and did not placing you in breach of contract, they still only have a claim for the sum of their loss.
They still have the vehicle to sell and so have provided no consideration for this contract. They might have a claim for some admin costs and make the cost of readvertising arguably but it will be nothing like £500.
That said, whether or not they should be done this, the fact remains that they are. If they will not concede then the only way to recover is to sue.
it is a small claims court sum so it wil be cheap and quick to issue. You can do so here
www.moneyclaim.gov.uk
but I would send them a letter before action before you issue against them to protect yourself from costs.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No thanks, ***** ***** what I need to do....I have the receipt for £500 which is supposed to be signed, on accepting terms & conditions for any losses which may be incurred.
The vehicle is, & has always been advertised since all of this had started.
I will go to the CAB this week, to see if I can get a letter drafted, then take it from there.
Thanks for your help
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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