Having issue with holding deposit on car!!!

Denisehotel

I saw a car being advertised so I rang the dealership(owner answered) to make an app to view the car. He asked for a holding deposit and we sent the money. When we saw the car we were not happy and decided not to buy the car. Now the owner wont give the deposit back!!! Surely he cant refused to give me back my money???? The name of the business is <SNIP>, Dublin. :mad::mad:
Has anyone had anything like this happen?

whippet

Denisehotel wrote: »

I saw a car being advertised so I rang the dealership(owner answered) to make an app to view the car. He asked for a holding deposit and we sent the money. When we saw the car we were not happy and decided not to buy the car. Now the owner wont give the deposit back!!! Surely he cant refused to give me back my money???? The name of the business is <SNIP>, Dublin. :mad::mad:
Has anyone had anything like this happen?

what was the purpose of the deposit?

generally putting a deposit on something is as a guarantee that you would be buying it and should you withdraw from the sale the dealer would be able to keep the deposit as 'compensation' for not being in a position to sell the car while you had a deposit on it.

HOWEVER ... giving a deposit for a car over the phone when you haven't even seen the car is absolute and utter madness.

Firstly i'd run a million miles from any Dealer who would be involved in such practice and secondly I'd question as to how the car was advertised.

As you have paid over money based on what you saw advertised (I hope you have a copy) and if the car didn't match what was advertised in essence the goods failed to match the description and you could initiate a claim via the small claims court.

Before someone comes on saying the Ad is only an 'invitation to treat' .. money was exchanged based on the validity of the Ad and therefore if the dealer can not supply the car as is described in the advert he can't hold on to the deposit.

Thirdly ..... giving a second hand car dealer a deposit over the phone ..... Wow!!!!

Davy

Posts moved from unrelated thread

pushpop

whippet wrote: »

what was the purpose of the deposit?

generally putting a deposit on something is as a guarantee that you would be buying it and should you withdraw from the sale the dealer would be able to keep the deposit as 'compensation' for not being in a position to sell the car while you had a deposit on it.

HOWEVER ... giving a deposit for a car over the phone when you haven't even seen the car is absolute and utter madness.

Firstly i'd run a million miles from any Dealer who would be involved in such practice and secondly I'd question as to how the car was advertised.

As you have paid over money based on what you saw advertised (I hope you have a copy) and if the car didn't match what was advertised in essence the goods failed to match the description and you could initiate a claim via the small claims court.

Before someone comes on saying the Ad is only an 'invitation to treat' .. money was exchanged based on the validity of the Ad and therefore if the dealer can not supply the car as is described in the advert he can't hold on to the deposit.

Thirdly ..... giving a second hand car dealer a deposit over the phone ..... Wow!!!!

I had the exact same issue last month with a dealer . I went to view, liked the look of it, and put a deposit on it with a view of coming back the following week. I came back and when it turned out he had withheld a piece of information about the car, I asked for him to knock a few quid off the price as it would cost me money to fix but he went off on a rant, yelling and shouting. I told him I didn't want to buy the car from him and wanted my deposit back, but he refused. The car has since gone on to be nothing but trouble and I'm currently getting solicitors involved, so if you haven't much luck getting it back and it wasn't over say 200 euros, I'd walk away. It's a tough pill to swallow but these small car dealers can be experts in swindling unsuspecting folk, so cut your losses.

Cabaal

Ok, so you put a deposit on a car to hold it with the intention of buying it....but you hadn't even seen the car yet?
In all honesty this was a very very bad idea

I suggest you have a read of http://www.consumerhelp.ie/paying-deposits

Yawns

I wonder would the distance selling rule be applicable here at all.

kbell

If you used a card, can you not just initiate a charge back?

endacl

I've good advice for you OP. I require a €50 deposit before giving it though. PM me for paypal details.

TheDriver

a fool and their money............

Sorry OP but no one should be giving money before they see anything and I don't see how you have recourse here unless it was stated that the deposit was pending seeing the car etc. Madness to be honest...