The company in question claim that they have sent a receipt for the deposit along with a copy of their terms and conditions. They say the terms and conditions outline that deposits are non refundable. Neither the receipt or T&C's have been received. Before paying the deposit in the first place the buyer asked the managing director of the company if his money would be paid back in the event he changed his mind and was told it would be in full. Now he denies that he said any such thing. Does it matter though? I have heard that case law was fought over this very same thing but it wasnt to do with a car purchase and as a result retailers have to return deposits. Can anybody help here?
2006-07-06 03:54:21 · 14 answers · asked by Anonymous in Business & Finance ➔ Other - Business & Finance
No, the definition of deposit is that you lose it when you change your mind. Doh!
2006-07-06 03:57:45 · answer #1 · answered by nkellingley@btinternet.com 5 · 0⤊ 0⤋
Consult an attorney. The attorney can read the language of the agreement and if the attorney thinks you have a case, then the first step would probably for the attorney to write the dealership a letter requesting refund of the monies and outlining why you should get the money back. Your initial consultation and the letter to the dealer will not be much and will be money well spent if you have to proceed further.
If you decide not to go with an attorney, you should send the dealership a certified letter stating that you have not recieved the deposit, or any items you were promised, and that you are requesting refund of the monies within 'x' days of the date of the letter. You should state in the letter exactly what the managing director told you. Your state may have a certain number of days that you can get out of a retail agreement, no matter the reason. This is the benefit of having an attorney. If you don't get your money back, then your next step should probably be to an attorney anyway.
Good luck.
2006-07-06 11:03:11 · answer #2 · answered by vbrink 4 · 0⤊ 0⤋
I have left two deposits on cars recently which I then decided aginst having found a better deal elsewhere. Both deposits were returned (in one case after a bit of a struggle). It comes down to whether they have got any documentation which you signed which indicates the deposit is non-refundable. If you have not agreed to the fact that the deposit will not be refunded by signing a document along those lines, then they cannot legally retain it. It is up to them to prove you agreed to pay a non-refundable deposit, not up to you to prove that you didn't. All you would have to prove is that you did make such a payment to them (via your bank acct/credit card/whatever). Then if they cannot prove they told you the deposit was non-refundable they have not a leg to stand on. Pursue through small claims court if you wish.
2006-07-06 11:03:49 · answer #3 · answered by eriverpipe 7 · 0⤊ 0⤋
A deposit is an intention that u want to purchase the car, but the car is not yet yours, because u have not seen or used the car. So if per adventure u decided or changed your mind, I can assure u that ur money will be refunded complete, unless the company in question is fraudulent.The car has not been delivered, so it not yet yours,you are liable to a refund, or you get a case against the company.To me you don't have any trouble.
2006-07-06 11:12:38 · answer #4 · answered by Bestoil 2 · 0⤊ 0⤋
I wouldn't have thought you would have a leg to stand on. A deposit is security for the company should you pull out - which you have done, so they keep the deposit. The fact that you don't have the receipt and T&Cs is a case of your word against theirs, and that wont hold up in a court. I'm afraid you have to chalk this one down to experience. Sorry.
2006-07-06 11:00:15 · answer #5 · answered by peggy*moo 5 · 0⤊ 0⤋
No, the whole point of the deposit is to say you want to purchase the car or whatever. If you change your mind to buy the product the deposit you paid is to cover the company to return the goods or their stocking charges.
2006-07-06 10:59:52 · answer #6 · answered by CrayzeeKat 3 · 0⤊ 0⤋
A similar thing happened to me earlier this year. Maybe ask them for copies of the receipt and T&C then perhaps you could try the Citizens Advice, they should be able to point you in the right direction. In case you're wondering I cut my loses and left it at that. A little expensive maybe, but a lot better than the alternative. I would be interested in the outcome, if thats at all possible. Good luck
2006-07-06 11:09:28 · answer #7 · answered by SILVER DRAGON 2 · 0⤊ 0⤋
I think you could be in trouble. A deposit is all about covering the retailer. It is there to make sure you complete the transaction in full. They have every right to keep the money but you could have a case about the blatant lie that the manager told you. It will be difficult to prove though.
2006-07-06 10:59:40 · answer #8 · answered by MonkeyMan 2 · 0⤊ 0⤋
you can contact an attorney for a free consultation.
also if you call a different car dealership they will tell you exactly what to do to get your money back.
people say it as a joke, but car salesmen are the most dishonest people out there.
good luck. i was trapped into buying a car i couldn't afford and later lost all because i didn't know the law about deposits and contracts.
2006-07-06 11:02:00 · answer #9 · answered by KAREN A 4 · 0⤊ 0⤋
Did you get it in writing that the deposit would be refunded? If not you're pretty much screwed.
If it states non refundable deposit then you should have read the small print, sorry.
2006-07-06 10:58:16 · answer #10 · answered by sirdaz_uk 3 · 0⤊ 0⤋
Deposits are usually non-refundable. However read the policy it should tell you there, but I doubt they will give you money back.
2006-07-06 10:59:43 · answer #11 · answered by barron_proup 1 · 0⤊ 0⤋