Member Since: 14 Jul 2015
Location: Cumbria
Posts: 117
Car deposit
I put a £250 deposit on a LR TD5 but changed my mind and bought a D3 privately. The independent garage will not return my deposit. I did not sign anything. Is this legal. It certainly does not feel like it.When you are dead, you don't know that you are dead. It is difficult only for the others. It is the same when you are Stupid
3rd Aug 2015 8:09 am
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50934
Did you pay the deposit in person or over the phone?21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
NJSSAm I Gammon or Woke ? - I neither know nor care.
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1973 MG B GT V8 - 3.9L John Eales engine, 5 speed R380 gearbox, since 1975.
1959 MGA roadster - 1.9L Peter Burgess Engine - 5 speed gearbox
Past LRs - Multiple FFRs, Discos & a Series I - some petrol, some diesel,
none Electric or H2 fuel cell - yet.
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3rd Aug 2015 8:50 am
Mogwyth
Member Since: 03 Oct 2014
Location: Pwllheli
Posts: 3976
If you made the deal in person then unless any terms were agreed otherwise, you entered into a contract to purchase when you paid the deposit, so the garage are entitled to a cancellation fee, your only option is to argue that the amount withheld is excessive.
If you purchased it sight unseen then distance selling regs may well apply.==================================
05 D3 HSE V8 4.4
04 MG TF 135
03 MG TF 115 Cool Blue Edition
02 MG TF 160
00 Hymer B564 Lionheart
1971 Series III 109
3rd Aug 2015 9:21 am
sjhdisco3
Member Since: 14 Jul 2015
Location: Cumbria
Posts: 117
Paid in person on debit card, I guess I lost it all. When you are dead, you don't know that you are dead. It is difficult only for the others. It is the same when you are Stupid
3rd Aug 2015 9:36 am
ZacSmith
Member Since: 26 Aug 2010
Location: Dover
Posts: 709
Isn't that what a deposit is for? Why would you be entitled to it back?VIN: A175A328***
3rd Aug 2015 10:08 am
rockcrawler
Member Since: 31 Oct 2012
Location: Ferring
Posts: 2884
Maybe I'm missing the point but I thought that was the whole idea of a deposit
They could have been turning potential buyers away
Surely taking a deposit is pointless if it's just given back when people change their minds D3 Metropolis Bonatti Grey-Alpaca Leather-adaptive headlights-fridge-EGR blanking kit-Harmen Karden-Cruise-4x4 info enabled-Tinted Windows-Heated F&R Seats-Rosen rear Entertainment-LED'S everywhere -Smoked Side Repeaters-Rear Aircon-Vredestein Wintrac 4 Extreme-Puddle and Footwell Lamps-Stainless Steel Side Protection Tubes- NEW ASHTRAY ( thanks to dsd1036 )
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3rd Aug 2015 10:18 am
DigitalJunior
Member Since: 22 Nov 2008
Location: Cumbria
Posts: 4398
Give the guy a break - we all learn through experience.SOLD - 23my Range Rover Sport D300 Dynamic SE
3rd Aug 2015 10:25 am
sjhdisco3
Member Since: 14 Jul 2015
Location: Cumbria
Posts: 117
Cheers digitaljunior. When you are dead, you don't know that you are dead. It is difficult only for the others. It is the same when you are Stupid
3rd Aug 2015 10:34 am
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50934
Shame ...if you had paid over the phone then you would have had a cooling off period....sadly though paying a deposit is actually more a substantial commitment than signing something.21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
3rd Aug 2015 10:43 am
Iguana
Member Since: 14 Oct 2013
Location: 'Sunny' Zomerset
Posts: 9402
We‘ve all done this sort of thing, so don‘t beat yourself up about it - Just put it down as an expensive lesson learned (I did a similar thing very many years ago and also lost out when I saw something better and changed my mind)
Look at the positive, you now have a lovely D3 Iggy/Ieuan
Current LR =
2015 RR Sport Autobiography
&
1992 Land Rover Defender Camper
- Gone but not forgotten:
MY10 D4 GS
MY05 Disco 3 'S'
MY14 FL2 HSE manual in Blue
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3rd Aug 2015 11:09 am
Mogwyth
Member Since: 03 Oct 2014
Location: Pwllheli
Posts: 3976
DG wrote:
Shame ...if you had paid over the phone then you would have had a cooling off period....sadly though paying a deposit is actually more a substantial commitment than signing something.
Only if he had brought it sight unseen, if you inspect the actual item before committing online or by phone distance selling rules don't apply.==================================
05 D3 HSE V8 4.4
04 MG TF 135
03 MG TF 115 Cool Blue Edition
02 MG TF 160
00 Hymer B564 Lionheart
1971 Series III 109
3rd Aug 2015 11:18 am
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 72787
£250 is nothing in the grand scheme of running a D3, just chalk it up to experience.
3rd Aug 2015 11:20 am
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50934
I was generalising ...but you are right the devil is in the detail 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
VISA debit cards are protected exactly the same as VISA credit cards. It's in some very small print and saved my 4ss when a kitchen company took £900 off me then 'went bust' (they did it to multiple people then come back a month later trading under a slightly different name).
VISA through Lloyds (TSB at the time) refunded me without major headaches once contacted.
Bad luck on the deposit though, I don't think credit or debit would have mattered in this case. Enjoy the D3!!
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