second hand car purchase cancelled. deposit not repaid

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This topic contains 4 replies, has 2 voices, and was last updated by  – none – 2 years, 7 months ago.

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  • #65149 Reply

    I was dreaming to buy a right hand driving Jaguar XKR classic car.
    The 24th of december, I found a beautiful blue one. Few minutes before the Chrismas closure, I signed the order form with ARUN at Pulborough, West Sussex, « great » independant Jaguar dealer.
    Unfortunatly, 4 days later, due to unexpected import tax raised on 2014, the bank said NO, too high ( I have the proof), despite the fact I was waiting for money.
    I called, sent email and a letter immediatly where I asked to cancel the purchase.
    They refused to cancel but proposed a cheaper one I didn’t actually like, so I turned down.
    4 weeks later, the money, I was waiting, arrived (I have the proof again), and I called to see how I could finally buy my « blue car » : SOLD !!! Without any information to me !!!!!
    Because I was not very happy and complained, they said I am a liar (I have the proof) and if I have really got money they can find a car for me but refused to give my money back.
    I think they know that never I will buy a car from their company because of this relationship. It was only the first step, imagine with car problems and so ? They have used my bad english and the fact I am living mainly abroad to confuse me and keep my 2000 pounds deposit without spending a penny. Great job ! Congratulations ARUN ltd of Pulborough.
    If somebody can tell me what to do, I shall thank him or her very much.

  • #65156 Reply
    Stuart Masson
    Stuart Masson
    Keymaster

    If you were not present in the dealership when you paid your deposit, they cannot hold it. Have a read of this article about cancelling a new or used car purchase.

    Given that you wrote to them and cancelled your purchase, you can’t complain that they subsequently sold the car. However, you are entitled to your deposit back.

    • #65159 Reply

      Thank you for your answer.
      Unfortunatly, I was present when I sign the order form. Could you confirm they must repay the deposit because they sold the car?
      I proposed them to repay a reasonable part of the deposit according to their costs ( in fact nothing at all). They refused.
      Thank you.

    • #65160 Reply
      Stuart Masson
      Stuart Masson
      Keymaster

      If you were present at the dealership, viewed the vehicle and signed the contract on the premises, then you do not have the legal right to have your deposit returned. The dealership is legally entitled to keep it.

      From your point of view, it’s a warning to make sure you understand all the financial implications of buying a car before making a purchase. It is the buyer’s responsibility to be aware of any taxes or other costs, not the dealer’s.

      From their point of view, they sold you a car and you changed your mind after the event – the reason is irrelevant and dealers have heard every excuse under the sun. You don’t know how much money they ended up selling the car for – they may have had to reduce the price to move it on after you cancelled your order. Every day that a dealership holds a car costs them money, and they are a business. They have done nothing wrong based on your description of events.

    • #65233 Reply

      Thank you again
      In my case, I understood that they are allowed to keep my deposit, despite the fact they spent only few pounds (they were awared 4 days after the purchase and the car sold 4 weeks later). That would be the answer of the Council if I file a complaint.
      So….what could be my strategy? if there is one?
      Thank you.

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