Ford fiesta - Never left deposit but can't get my money back! - suzann84
I recently contacted a dealer in essex(i'm from scotland) and asked if they had any ford fiestas. They told me they could get one but it would cost £500 for delivery. I gave my bank details to pay for delivery and was told i never had to pay a deposit. They then sent me an email with the car and i decided it wasn't for me however i have now been told i can't get my money back as their words - "As I stated in my email we ordered a car on the strength of your instruction and we have had to take delivery and pay for the car even though you have now cancelled the order". Can they do this? I never signed any contracts with them!
Ford fiesta - Never left deposit but can't get my money back! - lordwoody

Their response seems not unreasonable. You entered into a contract with them, written or not. Please note I am not a lwayer.

Ford fiesta - Never left deposit but can't get my money back! - suzann84
Yes but the payment was for delivery of the car. Can't see why they can keep the money if i don't even get one from them
Ford fiesta - Never left deposit but can't get my money back! - tony g
Perhaps the £500 was for delivery to them ?
Overall though ,because you agreed to buy a car from them ,your payment of a deposit forms a contract between you .
You can't sensibly claim you didn't enter into a contract to buy ,if you agreed to pay a deposit .

You agreed to buy a car ,and on what appears to be a whim you decided not to buy it .

If the garage made a profit of more than £500 ,they could sue for the extra ,your in breach of contract .Put this one down to experience .

Edited by tony g on 29/01/2013 at 20:44

Ford fiesta - Never left deposit but can't get my money back! - suzann84
Like i said i never agreed to pay a deposit. And it wasn't on a whim, i wasn't satisfied with the car when they emailed the pictures of it.
Ford fiesta - Never left deposit but can't get my money back! - tony g
(Like i said i never agreed to pay a deposit. )

How can you prove that the £500 was a delivery charge and not a deposit .

You paid without a written contract .

The only thing that is definite is that you paid the dealer £500 .

You can't hope to prove it was anything but a deposit .
Ford fiesta - Never left deposit but can't get my money back! - Avant

Tony G is an experienced car dealer and I'm sure he's right. I'm sure there are plenty of Fiestas for sale in all price ranges nearer to you in Scotland.

Ford fiesta - Never left deposit but can't get my money back! - suzann84
Because he emailed me the receipt clearly stating what the £500 was paid for
Ford fiesta - Never left deposit but can't get my money back! - leaseman

Surely the Distance Selling Regulations come into play here. Contact your local Trading Standards Office for advice. I think you will find that you can cancel and claim back any costs you have incurred including delivery charges, unless the seller has specifically excluded them in any contract.

Ford fiesta - Never left deposit but can't get my money back! - tony g
Hi ,
This is your first mention of a written (e mail ) indication that you have something in writing that says what the £500 was for .It puts a much different perspective on your situation .

Clearly if it mentions delivery and no delivery took place then your entitled to a refund .

In addition as leaseman says the distance selling regulations may be relevant ,the relevant part is shown below .

(The retailer must refund the full amount including the delivery costs as soon as possible after the consumer cancels, and in any case within 30 days )

To recover the £500 ,contact your card company ,they have the ability to remove the £500 from the dealers account and transfer it back to you .You should also write to the dealer to say that if the dealer doesn't refund the money you will take action against him in the small claims court .
Ford fiesta - Never left deposit but can't get my money back! - skidpan

Some years ago I bought a car form Motorpoint in Derby. Good price, easy collection, no problems with the car. When Dad wanted to swap I went onto their site for a look. A Nissan Note was on his short list and they had a good selection at very good prices. But the Silver one was in Newport and they wanted £300 paid by credit card before they would bring it to Derby. If it was a simple case of deciding we simply did not like it tough luck, money not refunded but if we found a genuine fault (how they defined that I have no idea) we could have the £300 back.

Sound to me like a similar senario but did they explain it fully or did the OP understand.

Bottom line was we could have driven to Newport in just over 2 hours and looked for the cost of £30 of diesel rather than risking £300. But there were plenty of cars locally without all that messing about. he got a Silver Micra from Derby, when he compared it with the Note he preferred it.