Deposit refund

[Saha]

Hello
  I have paid £500 deposit on a golf gti from a dealer I can get a new gti quicker from another dealer I am having problems getting my deposit back any thoughts.Thanks.

[Ian.C]

So long as the order hasnt been "locked in" there is no reason they should not give you it back.

Ian

[allycat45]

You need to read the terms and conditions of the order that you signed. That will tell you what you agreed to.

I originally ordered on launch day and the T&Cs were very clear about there being no refund of deposits. A few days later we had bad news at work and I decided to cancel. I asked the dealer nicely and they refunded my £1000 deposit with no problem, probably because it was only a few days and the order had not been confirmed in (or possibly not even put into) the main VW system. It had only gone into JCT600's system.

Several weeks later the work situation was sorted out and I went back down and re-ordered again and paid the deposit again. The second time I took print-outs of drive the deal and broadspeed broker prices and managed to get 9% off list price whereas I got nothing off first time around.

If the second dealer you are talking too is willing to give you a £500 discount (or more if he will match or move towards a broker price) then you are no worse off if the first dealer won't give you your deposit back. It does seem unfair that you have to sign up to a contract whereby you forfeit your deposit if you cancel, but if you signed up to it you should have read it and understood the risk.

There is an argument that if the dealer has not lost anything by you cancelling, then they have not given you anything in return for the deposit (except doing some paperwork), and therefore it could be considered a bad contract as they have not given you anything in return for your consideration of £500. You could threaten contacting trading standards or a lawyer etc, but if you simply want to move to a different dealer because they can do it quicker, I think you are unlikely to get anywhere.

I would have a think about asking the second dealer to give you a £500 or better discount and/or talking very nicely and rationally to the original dealer. Good Luck.

[Bill_the_Bear]

I was never given any TandC.  How long has your order been in?  If it's more than they promised you have grounds to cancel.

If they are being assholes you could say you're going to complain.  Not sure if that is just to trading standards or a more specific body but I've heard that has produced a change of heart from dealers in the past.

[evo1986]

How did you order the car? Was it over the phone or email? If so then simple distance sale law allows you to get your deposit back at any point.

[domrees]

Saha,  you can cancel and expect a full refund.  The supplying dealer is legally obliged to refund any deposit paid. The order form is frankly not worth the paper it is written on, and won't stand up in court because the dealer has not supplied the goods.

In practice most dealers will refund without much fuss because they don't need the hassle.  If you are having problems a nicely worded email/letter to the brand manager/dealer principal will be sufficient.

Don't forego your £500 with the original dealer, they are not legally allowed to keep it.

[master_hayabusa]

Saha,

I had a similar problem. The dealer flatly refused to refund my £500. So I sent this to his manager and got a refund.

Therefore, I hope that you will do the right thing and return my deposit. If you do not I will have no alternative but to pursue this matter with the office of fair trading.

My redress will be on the following premise:

As a buyer I do have protection under Schedule 2, Regulation 1(d) of the
Unfair Terms in Consumer Contracts Regulations 1999. It states that if the contract
has been cancelled after a deposit has been placed you are entitled to have the deposit
returned in full, unless the seller has spent time, effort and money, in which case
they can deduct reasonable expenses. Even if some expenses have been incurred, if
these are subsequently recovered, for example by selling the item to someone else,
the deposit should still be returned in full. It follows that a blanket non-refundable
clause that entitles the seller to keep the deposit in all circumstances is most likely
going to be unfair and unlawful.