Deposit problems

TCE home 2021 Forums Buying a Car Deposit problems

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    • #149787
      Kiefer ludman

      Hello all il do my best to explain well here but basically

      Xmas eve doing some car shopping online trying to find myself a bmw x5, after a while the right model with the right extras shows it’s self on eBay via a trade dealer with a classified ad, call him up have a short conversation and I’m told it’s waiting to have a new turbo fitted I say no problem I want it il pay a deposit and wait til it’s ready, we discuss when I can collect and arrange a day the 5th (today) for me to collect, whilst discussing I ask about financing as his ad states finance is available, as it’s Xmas eve everywhere shut and he stated he would get his financer to get in touch with me and I should look around elsewhere in the mean time so after that there and then (stupidly) i transfer him a £500 Deposit via bank transfer, he confirms it’s received and then that’s that deals agreed I’m buying it via finance, so time goes by his finance company gets in touch with me states the car cannot be financed by themselves or likely anyone else due to it being to old and to high a mileage, its a 2003 and 145k, unfortunate as I wanted the security of a middle man so to speak when buying it, so homework starts as to who will either do a car loan or finance on it considering the age and mileage, after a while comes back impossible no one will touch it, fair enough I say so I get in touch explain the situation of no one wanting to finance it, after a while I decide I’d like to pay for it via credit card that way I have security on the money should the car be dopey down the line, the ad for the x5 plus all of his other ads state credit debit card accepted, I get on to him via text asking about payment options and he stated he’s cash or bank transfer only and that’s it despite his ad saying otherwise at this point it’s Thursday the 3rd I’ve received a text message saying car won’t be ready by the 5th,I tell him this is an issue as I’ve gone and sold my car over xmas as im off work til the 7th and would technically collect his x5 with plenty of time before needing the car to travel to work in, I reply no good need the car for the 5th as agreed and ask what can be done, he replies he’ll chase the mechanic, after a lot of back and forth and a short duration of me wanting to pull out of the deal because car won’t be ready in time and I’m concerned about paying cash for a car that could be a disaster, he ends up on the phone to me assuring all is good car will be ready Saturday the 5th before I arrived roughly around 2pm so again all agreed for collection, so on route to collect time is 1pm and he’s calling me answer it i put it on speaker phone (have my dad next to me so he can hear) hes telling me he doesn’t have the right turbo and the cars in bits so essentially won’t be ready for me this weekend, I say that’s gutting no worries send me my deposit back il go buy another this weekend he grumpingly says ok (my dad clear as day hears this as well) so end of call, hour or two goes by it dawns on me how’s he going to refund me if he doesn’t have my bank details? So I send a text asking if he wants my account details for refund, no reply, little.bit longer try to ring him, no answer, ten missed calls over an hour or two later his “colleague” returns my call on this initial persons mobile number stating the man i dealt with isn’t around and he’ll be In touch soon as he’s back, so more hours go by still no reply, I send a text with my bank information asking for the deposit to be refunded into it and same chap has replied he’ll pass the information on, now it’s gone 7pm no reply no refund, so now I’m panicking, have I lost my money? Surely I’m legally entitled to it back as he’s broken the arrangement? What should I do? I’ve been researching as much as possible and can’t quite find anything similar to my situation? Any advice hugely appreciated
      I will ad I spoke to my bank and as its a transfer theres no realy certainty they can get the money back

      Ps sorry that message is so long! Hard to minimise it..

    • #150373
      Stuart Masson

      Hi Kiefer. If you paid the deposit via a bank transfer then the dealer can refund it the same way and you shouldn’t need to give him any further details.

      However, it sounds like he’s trying to avoid this. Keep on him, as you do have the right to your money back – especially since the sale was conducted via phone and internet without you visiting the dealership.

      For more information, have a read of this: I bought a car and now I’ve changed my mind.

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