Mud-club
Chat & Social => The Bar - General Chat => Topic started by: locknut on October 03, 2010, 09:53:52
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i recently veiwed a landrover for sale off a trader and paid a deposit on the journey home less than an hour i decided not to have the landrover.
checking the receipt for the landrover i noticed that at the top of the receipt (in ink) it stated deposit non refundable.
i had signed nothing and the deposit was paid by debit card...anybody know how i stand in reclaiming my deposit ?
the trader is refusing to take my calls..
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Correct.
You paid a deposit to purchase a vehicle, therefore you had made a contract.
You then changed your mind.
Therefore you breached the verbal and implied contract you had taken out with the seller.
Therefore he can keep your deposit.
Harsh, but next time think about what you need to buy in advance.
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True but speak to your card provider. If the dealer isn't returning calls then something is going on. Did you pay the deposit subject to an inspection? My sister bought a caravn once subject to it fitting on her garden which they happily brough it over to check. We knew it would be tight (it didn't really fit) but it gave us a get-out if she changed her mind.
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If you paid the deposit via a debit card with the Visa logo then you are afforded the same rights as their credit card protections.
Basically what you need to do is go to your local branch and talk to them about doing a "chargeback".
Correct.
You paid a deposit to purchase a vehicle, therefore you had made a contract.
You then changed your mind.
Therefore you breached the verbal and implied contract you had taken out with the seller.
Therefore he can keep your deposit.
Harsh, but next time think about what you need to buy in advance.
Incorrect!!!!
If nothing was signed then no contract exists in that situation.
Even if it was signed then there is a cooling off period provided by law for the cancellation of the contract and all monies returned.
I worked for some time at a dealership doing all this kind of stuff!
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Consumer rights has told me little chance of a reclaim but if i am polite i may get a part reclaim but that is down to the trader (once bitten) :cry:
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Yoshi,
Are you sure of your "facts"?
Any agreement between buyer and purchaser is a Contract, whether written or verbal, especially when money has changed hands.
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Yoshi,
Are you sure of your "facts"?
Any agreement between buyer and purchaser is a Contract, whether written or verbal, especially when money has changed hands.
Verbal contract isnt worth the paper its written on.
Consumer rights has told me little chance of a reclaim but if i am polite i may get a part reclaim but that is down to the trader (once bitten) :cry:
I would suggest trying a forum called Consumer Action Group (http://www.consumeractiongroup.co.uk)
After being stung with this myself whilst at the dealership i was informed by Trading Standards that unless a written contract exists in that circumstance then the deposit is purely there to reserve the vehicle and there is a cooling off period where monies should be returned if within that period.
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A verbal contract is legaly binding. The problem is trying to prove it.
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Wheres your morals ? You agreed a deal , YOU backed out , you should stand the loss not someone else .. :roll: :D
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Yep verbal contract is binding, proof is in the "non returnable deposit".
Sorry for ya!!
Hope it wasnt too much
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a verbal agreement is not a legal agreement this agreement is only on trust
a cooling of period is between 7-30 days this will depend from company to company
so with in that time if you do not want to go ahead they got to give you your deposit back other wise they are in breach of contract
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A verbal agreement is a binding contract , As its always been
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I think the 30 days is only governed by the Distance Selling Regulations.
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a verbal agreement is not a legal agreement this agreement is only on trust
a cooling of period is between 7-30 days this will depend from company to company
so with in that time if you do not want to go ahead they got to give you your deposit back other wise they are in breach of contract
Weird logic! If there's no agreement then how can they be in breach of contract?
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a verbal agreement is not a legal agreement this agreement is only on trust
a cooling of period is between 7-30 days this will depend from company to company
so with in that time if you do not want to go ahead they got to give you your deposit back other wise they are in breach of contract
Weird logic! If there's no agreement then how can they be in breach of contract?
:doh: