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Need some advise re- refund off a dealer - Bobtheboater

Now feel like a bit of an idiot so hope someone can advise.

I was looking for a car and saw one i liked on ebay, emailed the seller (business) who asked me to call them so i did, they said it was good a bargain they were 100% genuine sincere etc, told me if i wanted it i would have to be quick or it would be gone. It was advertised with new mot, but during the conversation i was told a desposit would be needed to secure the car plus get an MOT on it. I foolishly (looking back) paid the deposit via bank transfer. At no point was i told the deposit was non returnable.

This was thursday. On friday I was involved in a car accident resulting in leg injuries etc, i spent 2 days in hospital. Monday morning I emailed and called the seller to explain I couldnt complete, they said ' i suppose you want a refund' i replies yes, they stated it would cost them money to relist it i said i understand, deduct the £15 relist fee. They mentioned no other costs and as the car was advertised with a new mot there would / should be no other costs. They promised they would make the refund tuesday morning, this was via a telephone call on monday, no refund was made, On tuesday I sent them an email asking what was going on etc I had a further 2 emails saying the refund would me made tommorrow (wednesday) and a further they would be in the office from mid-day. i still have had NO refund.

Where do i stand what can i do? they have acknowledged the refund said they intend to pay it not paid it..

Need some advise re- refund off a dealer - RobJP

Write to them by recorded delivery, giving them 14 days to make the refund. Explain that, if the refund does not happen within that time, then you will, without further communication, start proceedings in the Small Clams Court.

SCC is cheap, easy, no solicitors costs, and if the situation is as you have said, you WILL win. When you win you will be granted the sum, plus any costs, against them.

Need some advise re- refund off a dealer - Palcouk

A deposit, to a dealer or private seller is non refundable, excepting in specific specified circumstances, that are stated at the time.

Need some advise re- refund off a dealer - Brit_in_Germany

What about the 14 day cancellation period of the consumer contract regulations? A refund must be given.

Need some advise re- refund off a dealer - martint123

AFAIK Distance selling regs apply when payment made over the phone. Or whatever they are called this week.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Some info here : - www.thecarexpert.co.uk/bought-a-car-and-changed-my.../

Edited by martint123 on 20/11/2015 at 17:00

Need some advise re- refund off a dealer - RobJP

A deposit, to a dealer or private seller is non refundable, excepting in specific specified circumstances, that are stated at the time.

Agreed.

But if the garage have agreed to a refund (as the OP states they have done), then they are obliged to make one.