Deposit refund

O

ottobufonto

New Member
Dec 2, 2011
1
0
0
I recently planned to purchase a 2nd hand car from a car dealer. Based on website/ phone conversations and email exchange, I paid holding deposit and had RAC inspect the car.
RAC report mentioned that car had been panels replaced/repainted due to accident.
Dealership that originally sold the car confirmed car had been repaired. It appears only to have body work repair and no structual damage was done.

I informed seller by phone and subsequent email that based on the fact that car had received accident repair I would withdraw from purchase.

Seller has since refused to refund my deposit as he claims car is still 100% as he had advertised.
I have email statement from steller he would refund if car is not 100% as discribed by him.

Car adverstisement or any other communication did NOT mention accident repair at any stage. (and he probably didn't know)

I would assume if distance selling regulations allows you to cancel within 7 days you get your money back, this should also apply to deposits, when cancelling before full purchase price has been paid. But I can't find any mention of deposits in relation to distance selling.

Thanks in advance
 
T

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
ottobufonto

Section 14 of DSR's is the part you need.

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

The DSRs require the seller to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery.:)
 
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