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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77845
Experience:  Qualified Solicitor
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I paid a deposit for a car and it was not as advertised and

Customer Question

I paid a deposit for a car and it was not as advertised and the seller will not return my money, is it worth persuing
JA: Where are you located? And is a local lawyer or other consumer protection advocate helping with this?
Customer: maidstone
JA: Have you contacted the seller or manufacturer?
Customer: tes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 16 days ago.

I understand you have purchased a car that is not as advertised and you are now having some difficulty trying to get a refund for it. Please tell me when exactly you bought it?

Expert:  Ben Jones replied 16 days ago.

I also want to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 16 days ago.
Just gave a deposit, went to see and and if as advertised was due to pay the balance, the car was not as advertised so I asked for the deposit back and walked away from the sale. I gave a £500 deposit and just trying to get that back
Customer: replied 16 days ago.
I will stay on the messaging thanks
Expert:  Ben Jones replied 16 days ago.
Thank you. How did you pay the dpeosit?
Customer: replied 16 days ago.
Bank transfer
Customer: replied 16 days ago.
I will stay on chat or go and see a local solicitor as I can get a 15 minute free assessment of my chances
Expert:  Ben Jones replied 16 days ago.

Thank you very much for clarifying. And finally, do you know why they are refusing to refund you?

Expert:  Ben Jones replied 16 days ago.

Hello, I was wondering if you have had a chance to consider my initial query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 16 days ago.

Without the requested information, I can only provide you with some general information on this topic. Hopefully, it will still be useful to you. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

Generally, when a person places an order for something, be it goods or services, and pays a deposit, they enter into a legally enforceable contract with the other side. It is implied that the provider has accepted the deposit as security and as proof that the customer wants to proceed with the contract.

Unless the provider subsequently commits a serious breach of contract, such as failing to supply the goods or services, they are the ones cancelling the contract, or there was a cancellation clause, the customer would have no automatic legal right to cancel the agreement. If they do so they will likely be acting in breach of contract and potentially risk losing their deposit.

In this case you would be relying on the misdescription of the car to argue that the seller has acted in breach of contract and had you known the actual state of affairs, you would not have proceeded with placing a deposit.

If initial negotiations to return the deposit have failed, the customer can consider threatening formal legal action if the deposit is not returned. Sometimes exerting such pressure can have the desired effect in getting at least part of the deposit returned. If they still refuse, then the only way to challenge this would be by making a claim in court. This can be initiated online via https://www.gov.uk/make-money-claim.

Expert:  Ben Jones replied 16 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
OK thank you. So the car was described as high standard and ready to use. It had a massive misfire . After the road test it uncovered a water leak and the paintwork was shoddy to day the least.
Customer: replied 16 days ago.
He was saying no refund as it was as advertised. He also said he stated non refundable deposit . But have messages from him agreeing to refund if not as advertised.
Expert:  Ben Jones replied 15 days ago.

I don’t see that the car was as advertised if it has all these issues and this was also admitted by the seller to start with. However, there is nothing stopping him from changing his mind and refusing a refund. It simply means that you may have to go down the legal route to try and pursue a refund, rather than relying on him to issue one.

Expert:  Ben Jones replied 15 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.