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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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I paid A £250.00 deposit on a used car, and agreed with the

Customer Question

I paid A £250.00 deposit on a used car, and agreed with the salesman a number of job which needed to be completed before i collected the car. On friday the salesman called me to say that the mot and a fault with the engine management system had cost £400.00 to fix and ask if they could leave the other jobs that we agreed needed doing, i told him that we had an arrangement. Then the boss called and asked the same question saying i was asking too much, i told him that with a £400.00 mot bill i did not want the car and pulled out of the deal and requested my deposit back, he said that it says on the invoice that it was non-refundable,on checking the invoice it dose not say anything about it been non-refundable. am i entitled to my money back?.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are they asking you to pay the £400?
Customer: replied 2 years ago.
No they are asking me to do the rest of the agreed repairs myself.
Expert:  Jo C. replied 2 years ago.
I presume they didn't disclose them at the time of sale?
Customer: replied 2 years ago.
No , They did not.
Expert:  Jo C. replied 2 years ago.
Then you are perfectly free to refuse to carry on with the sale. This vehicle has faults not disclosed and they are not willing to put them right.
Even if you were to pull out without a sufficient reason though they cannot just keep the deposit. They only have a claim for the sum of their loss which would be a small amount in admin costs.
If they won’t accept that though your only option is to sue them but it is a small claims court sum so it would be cheap. It won’t go that far anyway. They will cave in before the court date.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thanks for that, where will get the forms for the small claims court? .
Expert:  Jo C. replied 2 years ago.
You can issue here
but try to negotiate first and send them a letter before action.
Customer: replied 2 years ago.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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