Cancelling my order...

[master_hayabusa]

I'm sorry to hear this GeordieSPG. I wish I had read this thread earlier and told you what I wrote to a dealer that wouldn't refund me either. It worked, when I emailed the manager directly. Even though I have to say your dealer sounds like a right c**t.

Dear Sir,

I would understand you withholding my deposit if the car was in the process of being built. But the car hasn't even been given a build week. I don't see how keeping my deposit is necessary or even ethical for that matter? What loss has there been to your dealership in this matter?

I am surprised that you have not taken my personal circumstances into account and as big as a dealership network xxxxx is, I cannot see how it is fair to keep the £500 for just entering an order onto a computerised system?

Please understand, that I am fully aware of my rights, regardless of what order form I signed, it is unlawful to keep my deposit considering my order is just 'processing' right now.

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.

[Mark V GTD]

The OP should be taking the dealer to the small claims court over this.

[GeordieSPG]

I probably should...but in the grand scheme of things, it's fairly insignificant compared to other things happening in my life at the moment.

[monkeyhanger]

I probably should...but in the grand scheme of things, it's fairly insignificant compared to other things happening in my life at the moment.

Worth modifying the letter above and sending it recorded delivery if you get a chance. I pestered the hell out of TUI to get a flight delay compensation that they tried to brush off over a period of 2 years.

[GeordieSPG]

So, today I get an email from VW saying my "Manual non PP GTI" with the same order number as my "DSG PP GTI". Sounds like VW/Benfield have resold my order.

Reckon it puts me in a stronger position to push for deposit return?

3rd June 2015


12th August 2015

[phazer]

I'd go back to them and ask for the deposit back again certainly. They can no longer claim any financial loss or expense so you need to be asking on what basis they are withholding the money - "because it's a deposit and you cancelled" is not good enough 

[valvebounce]

Your right to a full or partial deposit refund is entirely dependent on the written contract between you and the dealer, everything else is just conjecture.

You need to fully understand your contract and compare the terms with those listed here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

Even if the T&Cs are unimpeachable I think it is unlikely that the dealer will be able to demonstrate that he has incurred £500 of expenses in amending your order.

Good luck and don't be put off by the dealer's bluster.