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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50156
Experience:  Qualified Solicitor
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I have paid deposit on a car 2012 bmw 6 series, and two

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I have paid for a deposit on a car 2012 bmw 6 series, and two days later the dealer has told me the car has a major oil leak, but i believe they have sold the car to someone else, and they are not selling me the car. I have asked for my deposit of 500 pounds back, and they have written it on paper that they will refund me a full deposit of 500 pounds.
Today, i got this call and they said they can only refund me with 408 pounds with 92 pounds of admin fee.
Could someone bring justice and help please?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did the contract state anywhere that there is an admin fee they can apply?
Customer: replied 1 year ago.
when i was purchasing the vehicle, he has written no admin fee.
Customer: replied 1 year ago.
here is a photo of the contract.
In the circumstances it looks like the seller will be acting in breach of contract if they fail to pay you the full deposit of £500. The back of the contract specifically says that you will get a refund of the £500, not a lesser amount and no mention of an admin fee. Also as they are the ones cancelling the contract you should not be penalised by having admin fees deducted from that deposit. So you should be getting back the full amount of £500. If they refuse to return the full amount you have the right to consider taking the matter further, up to the Small Claims Court if needed. This is your basic legal position. I have more detailed advice for you in terms of the specific steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
thanks for your info. just wondering if you have taken a look at my contract?
Thank you, ***** ***** did take a look at it and as mentioned I do not see anything which would entitle them to charge the admin fee. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
so how should i proceed? are you going to help me to write a reminder letter?
Drafting letters is a premium service so will be charged extra, instead to save yourself the money you can just search for such reminder letters online to get a template. Or I can certainly provide a quote fr getting such a letter drafted if you want to use me for it.