Conference terri::cars_uk

1182.0. "deposit refunds" by SYSTEM::REID (I'm not making this up) Mon Aug 06 1990 17:27

    About 3 months ago I deposited the princely sum of 500 pounds when
    ordering a new car. Since the delivery time was so long (about six
    months) I got bored waiting and got a used car instead.

    I was fully expecting to get my deposit refunded, but the dealer is
    refusing to pay up, as they say the deposit is non-refundable. They
    didn't tell me this when I bought the car, and I can't find any obscure
    wording the in the terms and conditions saying it is non-refundable.
    There is a clause in there effectively saying it is refundable if they
    couldn't meet the delivery date etc. This doesn't apply, and anyhow
    they didn't give me any written delivery date, only a rough estimate.

    Can they legally do this?

    I feel like I'm being cheated out of my deposit. Isn't there something
    in the Sale of Goods Act or Unfair Contract Terms Act that protects me
    from this?

    I paid the deposit on my Access card, and I have heard they can help
    out in legal situations.

    I was very surprised that any dealer would operate on such a policy.
    They also had the odacity to suggest they would refund part of it if
    I were to buy another vehicle from them or refer another customer to
    them! Fat chance.

    Thanks,

    Dave.

>    I was fully expecting to get my deposit refunded, 

	I don't understand why, that's why they ask for a deposit, so you won't
	back out!
	
	Otherwise it's not worth asking for a deposit in the first place.

	They have the clause in there to pay you the deposit back if it's
	their fault they can't deliver - to protect you, otherwise they could
	keep it all, whatever the circumstances.


	Heather

	Opps, I also forgot, if you signed document to say you were ordering
	it, depending on the wording, they could legally force you to buy it, 
	or sue you.

	Heather

    I meant to reply earlier,
    
    After several diplomatic phone calls, I managed to persuade the dealer
    to give me some (but not all) of the deposit back. I was happy enough
    with this as I didn't want the hassle/expense of getting a legal chappy
    involved.
    
    From what you say, I suppose I was lucky to get any back.
    
    It seems to vary from case to case - quite often the desirability of
    the model will strengthen the dealer's argument for holding on to your
    deposit!
    
    Dave.