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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I viewed a car last sunday and after test driving it I was

Customer Question

Hi There,
I viewed a car last sunday and after test driving it I was partly satisfied. The salesman made me aware that I could pay a deposit and he would list the items on the receipt which were an issue and would fix them prior to sale. He stated he was more than happy to refund the deposit if I was to change my mind of they couldn't fix what was listed on the receipt. So I agreed to the items, oil leek, heated seats, air con. I received a phone call on tuesday to state that they wouldn't even look into the heated seats and would I like to proceed with the car or not. I stated that it was one of the issues on the list and would probably be a deal breaker, but I would phone my other half and see if she was happy. I stated that I would phone back possibly by the end of the week or beginning of next as I was extrememly busy at work and would this be a problem? They were happy with this. I rang this morning, 14th september and the dealer said although they would not replace the deposit
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. I think your query was cut short could you please check and supply the missing details?

Customer: replied 1 year ago.
the dealer said they would not refund my deposit, I asked if they had any reason and he just stated he would not. I asked if any repairs to the vehicle had been made and he said no but i am not obliged and will not be refunding and that there was nothing left to talk about unless i wanted to proceed with the purchase. I am very dissatisfied as this is entirely different to what was agreed. I paid the deposit on credit card and wondered if i could claim the money back as i have been missold? Any information would be greatly appreciated.Kind regards,Robert
Expert:  Ben Jones replied 1 year ago.

Generally, when a person places an order for something and pays a deposit they enter into a legally enforceable contract with the seller. It is implied that the seller has accepted the deposit as security and as proof that the buyer wants to proceed with the contract.

Unless the seller subsequently commits a serious breach of contract, or there was a cancellation clause, the buyer would have no legal right to cancel the agreement and if they do so they will be acting in breach of contract and risk losing their deposit. This is especially true if the deposit was described as non-refundable.

If this was a business seller, they will be subject to certain consumer rules and regulations. For example, you will have some 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. In this case not only have they not suffered any losses but there was also an agreement that the deposit would be refunded on certain conditions.

If you are having difficulties in recovering the deposit when you believe you are entitled to have it returned, advise the seller that you will not hesitate reporting them to the Office of Fair Trading and, if necessary, pursue the matter further through the county court. Exerting such pressure could often work in changing the seller's position in this matter. If you have to go to court then this would be in the small claims court, which is relatively straightforward and can be initiated online via www.moneyclaim.gov.uk.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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