Why was my deposit withheld on a BMW 525d when I decided I no longer wanted the car?

Could you offer advice on a silly predicament I find myself in. I had email dialogue on 10 May 2010 with a dealer concerning a 2003 BMW 525d, with warranty, at £6445. It seemed reasonable and I showed interest via emails. Their normal deposit is £500, but a salesman asked how much could I afford and we agreed upon £100. I then sent an email stating my wife would pay from her debit card subject to viewing and test drive prior to confirmation of purchase. A confirmation email then came through stating I had taken the first step in purchasing the BMW. Seemed a bit forward? At any rate, I reflected overnight and at 8.57am on the 11 May 2010 I sent an email and then spoke to the salesperson by telephone that my heart had ruled the day and I had calculated that my daily 120 mile round trip would work out expensive when factoring in consumables. In view of this, I stated that I wished to withdraw my interest and requested that my wife's debit card was credited.

I then received an email from a director advising me the deposit was taken as part payment and then asked 'When did you want to come down and look at the vehicle, and at that stage you can decide if you would like to reject the vehicle.' I then responded with a question stating: 'Do I understand that you will hold the vehicle until such time I'm able to visit and view the car. I'll then decline the car and you refund the deposit?' Interestingly they haven't responded.

My car, a high mileage Nissan Maxima, subsequently let me down and broke down on the A12 on the night of the 11th. I really don't see the need to trek all the way to Kent. I live in Walton on the Naze and work in Brentwood. I even offered for them to deduct administration costs. I'm concerned they are playing some sort of game: if I did turn up at some time in the future they would try and foist the car onto me - not that I can afford it. Or am I better off cutting my losses, kick myself for being stupid, forget about the £100 and just put it down to the dealer being a typical dodgy car sales group, or in fairness to them they're maybe playing it correct legally?

Asked on 17 May 2010 by Macko

Answered by Dan Harrison
Giving the dealer the benefit of the doubt, it might be the case of crossed wires at the dealership. Have you spoken again to the person you were dealing with at the dealership? It could be the case the director who you subsequently spoke to by email had no idea that you had cancelled. The email you got from the director, although in his name, may have been an automated receipt. With an automated system, replies do not always get through. Speak to the salesman you originally dealt with and get him to send something in writing to confirm that they acknowledge your cancellation and what their policy is for the deposit.
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