If you paid a holding deposit on a vehicle with the intension of buying until full inspection.
Then you decided that the vehicle was not the vehicle you thought it was would you expect your deposit back?
If the seller decided not to give you your deposit back .
What would be the best thing to do?
I’d say your hooked mate ,although I’ve just given a elderly gent his £1000 deposit back on a £16000 vehicle as he decided it wasn’t for him ,but iam nice like that .
Were there any terms attached to the deposit. Has the vehicle been missold or not as advertised?
Dan Punchard:
I’d say your hooked mate ,although I’ve just given a elderly gent his £1000 deposit back on a £16000 vehicle as he decided it wasn’t for him ,but iam nice like that .
Why would you think it would be hooked ?
I would think you’ve no chance ,unless like has been said mis sold or faulty ect.
But what is mis sold or faulty! In legal terms.
You need to ring Citizens Advice by the sound of things!
If you buy anything “subject to inspection” then continuing with the deal is subject to the inspection being favourable. If you have decided not to proceed on the strength of the inspection then he has to give you your deposit back, no if’s and no buts.
In England, you’d go to the Small Claims Court, I know both NI and the Republic have a similar system with a slightly different name, I would imagine that if you wrote to him and said that if he didn’t refund you your money within seven days you were going to take out a Small Claims Court summons against him then there’s a 50/50 chance he’d pay up then, and if he didn’t then he’d sure pay up when he received the court summons, which will only cost you (a refundable) £50 to issue, and take half an hour of your time.
Section 75 maybe?
As long as you can hack the slog you can get it back through the county court if there’s any suggestion the vehicle was not as claimed or described. Business to private individual scenario would have full blown consumer rights with all cooling off periods etc.
All a deposit (really just part-payment as far as the law is concerned) shows from the point of view of a seller is the buyers intent to purchase is serious enough they’re prepared to put money up in return, in most cases, for the seller to withdraw advertising. As a seller of something the only scenario where a court would rule you could keep it if the buyer changed their mind would be if it was some kind of thing being sold that had a custom-made element that would be hard to sell to someone else eg a non-standard vehicle body had been made for the customer.
For courts to rule in favour of sellers not returning customer’s money they have to prove really they have incurred genuine financial loss by that customer not going through with the sale/breaching contract. For example, the potential to have sold it to a customer prepared to pay more would not be accepted by the courts you would have to have actually spent money out as a direct result of that customer failing to buy so again stuff like you valeted it ready for the customer to collect would not be accepted if there was an expectation this was done for all customers.
Gone on a bit but in summary don’t take deposits from customers unless you are doing it from a customer service point of view and they are a long term customer. For a one off sale it’s just much better to say the first person that turns up with the money takes whatever you’re selling.
Having read trough all above posts and after buying trucks and trailers myself why would you leave a deposit if you don’t know what your looking at?
Moose:
Having read trough all above posts and after buying trucks and trailers myself why would you leave a deposit if you don’t know what your looking at?
Looking at a vehicle on a website dosnt make me buy it,it may get me interested in buying it hence holding deposit asked for and holding deposit given with good intent.
Always use a credit card to buy or even part buy as the deposit,you are then covered by section 75 of the credit card protection,this applies to any purchase over £100 .Caveat Emptor.Hope I spelt that rite.
I would always consider a deposit non refundable except in some rare circumstances. Which is why I’d never give them more than I could afford to loose. Basically the seller has taken it off sale, so if you don’t want it for whatever reason the deposit reimburses the seller for inconvenience. That’s my view anyway.
Harry Monk:
If you buy anything “subject to inspection” then continuing with the deal is subject to the inspection being favourable. If you have decided not to proceed on the strength of the inspection then he has to give you your deposit back, no if’s and no buts.In England, you’d go to the Small Claims Court, I know both NI and the Republic have a similar system with a slightly different name, I would imagine that if you wrote to him and said that if he didn’t refund you your money within seven days you were going to take out a Small Claims Court summons against him then there’s a 50/50 chance he’d pay up then, and if he didn’t then he’d sure pay up when he received the court summons, which will only cost you (a refundable) £50 to issue, and take half an hour of your time.
Thanks Harry
The seven days deadline solved the issue although it has taken close to five weeks overall.
My advice to anyone ,always always pay by credit card!