Deposit paid on Used but I can't commit to the purchase anym
Discussion
Hello!
This is my first post here so apologise if it's in the wrong catagory!
Yesterday I went hunting for a used car without my husband. I went to the Trade Centre UK.
They found my a vehicle that seemed like a really good price, I test drove it and liked it. It was a good price so I made a deposit (to stop someone else grabbing it) I made it quite clear that I wanted a refundable deposit and told them that I would be consulting my hubby and looking elsewhere. They were totally OK with that.
I've now gone over it with my husband and the 3 door situation just isn't going to work for us.
I'm more than happy for them to keep the deposit as it's only £100 but I felt sick when I read one of the paragraphs in the terms and conditions (I know, I know, read before you sign)
"On or before the collections date you must pay the balance of the purchase price and collect the vehicle. If the purchase price or the balance as stipulated is not paid within fourteen days of the collection date we reserve the right to give you notice in writing cancelling the contract. If we do cancel the contract we shall try to sell the vehicle to someone else. If it is not sold within a reasonable time we will sell it at auction. Within 7 days of the date of the sale we will give you a statement showing the sale price and any additional costs which we have incurred in reselling the vehicle and we will refund the balance of your deposit if any after deducting the amount which we have lost. If our loss is greater than your deposit then you must pay us the difference within 7 days"
Can anyone be kind enough to explain the legality of this situation? I'm dreading calling them on boxing day when they open.
TYIA
This is my first post here so apologise if it's in the wrong catagory!
Yesterday I went hunting for a used car without my husband. I went to the Trade Centre UK.
They found my a vehicle that seemed like a really good price, I test drove it and liked it. It was a good price so I made a deposit (to stop someone else grabbing it) I made it quite clear that I wanted a refundable deposit and told them that I would be consulting my hubby and looking elsewhere. They were totally OK with that.
I've now gone over it with my husband and the 3 door situation just isn't going to work for us.
I'm more than happy for them to keep the deposit as it's only £100 but I felt sick when I read one of the paragraphs in the terms and conditions (I know, I know, read before you sign)
"On or before the collections date you must pay the balance of the purchase price and collect the vehicle. If the purchase price or the balance as stipulated is not paid within fourteen days of the collection date we reserve the right to give you notice in writing cancelling the contract. If we do cancel the contract we shall try to sell the vehicle to someone else. If it is not sold within a reasonable time we will sell it at auction. Within 7 days of the date of the sale we will give you a statement showing the sale price and any additional costs which we have incurred in reselling the vehicle and we will refund the balance of your deposit if any after deducting the amount which we have lost. If our loss is greater than your deposit then you must pay us the difference within 7 days"
Can anyone be kind enough to explain the legality of this situation? I'm dreading calling them on boxing day when they open.
TYIA
Yes we agreed a collection date of the 27th. It was a hypothetical "if we collect, as we are looking around"
The are open on boxing Day so I will call them as soon as they open so they can get it sold.
The deposit loss I can take, an expensive lesson for my inexperience and naivety. What's worrying is that they are going to come after me with huge bills because they have had to auction it etc.
The are open on boxing Day so I will call them as soon as they open so they can get it sold.
The deposit loss I can take, an expensive lesson for my inexperience and naivety. What's worrying is that they are going to come after me with huge bills because they have had to auction it etc.
You said:
Sounds odd to have all that small print for a minor deposit, but that said, likely they use standard paperwork/T&C's for everything.
If you didn't agree to buy it at £XXXXX and collect on XYZ date, there is no contract so the clause you reference not applicable.
Hope you get the deposit back.
Marmal4de said:
I felt sick when I read one of the paragraphs in the terms and conditions (I know, I know, read before you sign)
What was it you actually signed? Sounds odd to have all that small print for a minor deposit, but that said, likely they use standard paperwork/T&C's for everything.
If you didn't agree to buy it at £XXXXX and collect on XYZ date, there is no contract so the clause you reference not applicable.
Hope you get the deposit back.
blue al said:
I would argue that should keep the deposit as in all likelihood the car would have depreciated the 100 quid in a few days and if it put of another prospective buyer then they might need to sell it jan at less than your agreed price?
That's a sound argument but just processing the paperwork will have cost them.They're entitled to keep the deposit and OP doesn't have any issue with that.
Pistom said:
blue al said:
I would argue that should keep the deposit as in all likelihood the car would have depreciated the 100 quid in a few days and if it put of another prospective buyer then they might need to sell it jan at less than your agreed price?
That's a sound argument but just processing the paperwork will have cost them.They're entitled to keep the deposit and OP doesn't have any issue with that.
Pistom said:
That's a sound argument but just processing the paperwork will have cost them.
They're entitled to keep the deposit and OP doesn't have any issue with that.
The poster states that she made it clear that she left a deposit on the basis that it was refundable. If that was the case surely she is entitled to a refund. If they weren’t prepared to accept the deposit on that basis then don’t accept it. They're entitled to keep the deposit and OP doesn't have any issue with that.
StefanYHU said:
A “refundable deposit”, is quite an interesting concept…..
Not really, loads of places do it. I have mini £250 so that as soon as they had what I wanted in I could reserve it. First one arrived, paint was crappy, deposit moved from nominally against it to "in the pot". Another arrived at a different group, bought it, original cash refunded. That was the deal. Gassing Station | Car Buying | Top of Page | What's New | My Stuff