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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Is it worth pursuing a claim for the refund of a 500 deposit

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Is it worth pursuing a claim for the refund of a £500 deposit on a used car having signed the order form, but then e-mailed a request to cancel the order on the same day, as the car needed too much repair work doing for its age, being only 9 months old.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Was it from a dealer and where did you contract to buy the car?

 

Kind regards.

 

Tom

Customer: replied 4 years ago.
it was from a Jaguar Dealer called Hatfields of Sheffield, the order was signed on their premises
Expert:  Thomas replied 4 years ago.

Right.

 

No, it's not worth pursuing unless there is a specific right to the return of the deposit in the contract you signed or because you were under some form of duress from the dealer when you signed the contract.

 

Because you signed on their premises there is no automatic cooling off period implied in to the contract by the distance selling regulations. Terms are implied in to the contract by the sale of goods act but no cooling off period. Were the car supplied of unsatisfactory quality then in some circumstances you would have a right to a refund, but obviously this is of no use in your position.

 

I'm afraid you're probably going to have to swallow it and write it off to bad experience.

 

Sorry it could not be better news.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 


Tom



Edited by Thomas on 6/7/2010 at 6:39 PM EST
Customer: replied 4 years ago.
I was put under pressure to sign & have detailed e-mails stating my case, when asking for a refund of the deposit
Expert:  Thomas replied 4 years ago.

Okay, but it's important to distinguish between the type of commercial 'hard sell' bargaining used by all sales persons and traditional duress in contract law. This is where threats against you as a person are used to compel you to contract with the person making the threats.

 

If this was case then it may be worth pursuing. If it wasn't then it would not be fruitful pursuing it.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6514
Experience: BA (Hons), PgDip, Practising Solicitor
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