Can a garage charge a 'terminal fee' for a card pa - Serial Car Changer
So I put a hefty deposit on a car that would be the balance of payment plus my part ex. I drove away and the garage would MOT the car and I'd collect it the following week. After an hours driving I stopped at the services and had a change of heart. As the dealership was now closed, I send an apologetic text message.
Dealer was very understanding but said to sleep on it, which I did. Didn't feel any different today, call it foolish but the car just wasn't making my heart race and I shouldn't have been swayed on the day.
Dealer is still asking me what's wrong and why I don't want the car, plus is saying he would have to pay a terminal charge for taking and refunding the payment. It's 5% I believe.
Whilst I understand I've probably royally peed him off, can he demand this from me? I don't want him out of pocket but is it true or just a guilt trip?
Can a garage charge a 'terminal fee' for a card pa - RobJP

Technically, he can tell you to get stuffed, and keep your deposit. Or even force you, through the courts, to complete on the deal. You have signed a legally binding contract.

Count yourself lucky that you're only losing 5% of the deposit moneys - it probably barely covers his costs card payment and banking fees.

Can a garage charge a 'terminal fee' for a card pa - SLO76
Absolutely correct. You signed an order form and paid a deposit which in the eyes of the law means you've entered into a legally binding contract to buy the vehicle. The dealer is entitled to retain all of the deposit and could technically sue you for the rest as you are in breach of contract. Be thankful they're only retaining a small amount to cover some of their costs which would include a card transaction fee.

There's no cooling off period on goods bought in person at a store or dealership but had you bought online without viewing you would've been entitled to 14 days.

Moral of the story, NEVER sign anything or pay a deposit until you are 100% certain it's what you want. The word deposit wouldn't exist at all if you could simply demand it back. There'd be no point in taking deposits at all if this were the case.

Out of curiosity what was the car and why have you changed your mind?
Can a garage charge a 'terminal fee' for a card pa - Serial Car Changer
Thanks guys. I did think it was the car for me in theory but when I saw it for real I wasn't so sure. A few small reasons really. Including not getting a WOW feeling which I know some of you won't understand. I originally said it wasn't for me and I would think on it but the seller was quite persuasive, (not in a pushy way), offered me a bit more for my part ex and I thought, yea I'm just being too intuitive rather than sensible, so I went for it.
I know how honest you guys are so I'm a little worried about telling you what it is to be honest! Because it sounds as though I had better just buy it.
The only problems I can actually describe were a rubbing noise in reverse and a few badly touched up stone chips. The rest is just gut feeling and disappointment that it didn't make my heart race.
I will tell you what it is and accept your honesty so then I will decide whether I should lose a few hundred quid and the £60 fuel it cost me to drive and see it, or whether I just go for it.
It's a 2009 BMW M Sport Highline diesel convertible.
Go on, hit me with it.....
Can a garage charge a 'terminal fee' for a card pa - nellyjak

Just one word kills it for me....DIESEL.!...yuk....I'd rather lose the

Can a garage charge a 'terminal fee' for a card pa - Serial Car Changer
Yea I did want petrol tbh, having had DPF issues with my last BM. Guess I'd looked for one for so long I jumped in a bit quick. I did think I had a cooling off period but have been put right on that one, by a poster above.
Can a garage charge a 'terminal fee' for a card pa - Serial Car Changer
I'm grateful for all your responses and advice.
Am I just being too cautious? Should I just go for it or lose the deposit? Apart from DFP, any other horror stories with this car, (320D, 70k miles)? Alternatively, anyone got one and live it, had trouble free motoring etc?
It's still on Autotrader £10,990 if anyone wants to look, NG15 motors...any opinions on the dealership? It's in Nottingham.
My last BM I sold in Jan this year was the 120D M Sport cab and the only prob I had in three years was DPF at £600
Need decision today ??
Thanks. I will let you all know what I do once I've read all your great advice. So keep it coming, I really do appreciate it as there's no one else knowledgeable for me to discuss it with.
Can a garage charge a 'terminal fee' for a card pa - RobJP

Hmm. Looking at the MOT history site, it did very low miles for the first 3 years (first MOT was at less than 20k miles), so I'd not be surprised if the DPF was starting to run out on it at 70k. You'd certainly need to assume it's going to need doing within a couple of years, anyway. If it doesn't, then view it as a bonus.

It's got the N47 engine, which is a bit notorious for timing chain failures if not serviced regularly - ideally every year. It's entirely possible that it went most of that first 3 years without an oil change if it was serviced according to the OBC systems, rather than by an owner who paid attention.

The only other thing with that generation of 3 series (all the E9x models, whether saloon, estate, coupe or topless) is that the MSport suspension can be excessively hard, especially if paired with big wheels (19" wheels, like are on that) and run-flats. They made the suspension on the newer F3x series a lot more forgiving.

Can a garage charge a 'terminal fee' for a card pa - SLO76
I wouldn't touch an 8yr old diesel BM. They're known for (among many other things) timing chain issues and turbo failure. These can descend into money pit status very quickly. Even the 4cyl petrol examples don't have the best reputation. But it's your choice and others have been lucky with them. I did have a friend with an old E46 320d Tourer that defied the odds to make it to big mileage. I wouldn't have recommended it though.
Can a garage charge a 'terminal fee' for a card pa - Manatee

You don't say whether you have signed an order or what the terms were, but assuming you have and it is a typical one then I broadly agree with the following:

He doesn't need to take you to court if you don't complete, as he has your deposit which is almost certainly more than the profit he would make on the deal. He could just keep it and you would have to sue him to get anything.

5% is probably more than his costs but arguably not unreasonable - a court would probably award him the 'lost profit' on the deal at minimum which is likely to be more, in the event that it ended up in court.

Take the 5% offer - he's not being unreasonable, although I suspect that, in the case of change-of-heart within an hour or two, some dealers would have agreed to cancel the whole thing gratis.

Can a garage charge a 'terminal fee' for a card pa - scot22

SCC I like your attitude to posts - adding my thoughts.

I agree with everything that has been posted. As regulars know I have had big bills resulting from, out of ignorance, buying a diesel. It was unsuitable for my mileage and driving style. I discovered the forum and am significantly more knowledgeable.

Personally, I would accept making a mistake and sacrifice the 5% loss. That, to me, would be far better than having a car you are not happy with and the potential pitfalls of diese.

I empathise with your difficulties in choosing a car - unfortunatell I'm the same. However, bright spot, thanks to the forum I am now much better informed.

Best Wishes.

Can a garage charge a 'terminal fee' for a card pa - Serial Car Changer
Thanks Scot22, I've learned a lot from here too but obv not enough as I TRY to avoid diesel but look at the MPG on the diesels and think maybe this one will. E ok!! The MPG on petrols can be abysmal!
I liked a white 2006 rag top petrol one, £280 tax and 26-36mpg but would this be a better bet for me folks?
Can a garage charge a 'terminal fee' for a card pa - RobJP

If it's a soft-top, rather than a folding tin-top, then it was the old E46 generation, so it's 2 full generations of car ago. It is 11 years old.

Whichever engine you went for, you'd get (with a manual box) somewhere around 30mpg. That'd hold pretty true whether it was a 330i or a 318i - the additional torque and power of the bigger 3.0 straight 6 allows you to drive it on a far lighter throttle, whereas you'll be driving the smaller engine variants with a lot more vigour to get any sort of performance, leading to no real fuel advantage.

The 320d would be 43-45 mpg.

That might sound like a huge difference in running costs, but it isn't really. For 10,000 miles per annum, it's about £500 in fuel costs, or about £10 per week. Considering for that £10 per week you could be driving something with a nice petrol straight 6, or a diesel 4 pot, there's no competition. If your annual mileage was 5k, then the difference is £5 per week.

Can a garage charge a 'terminal fee' for a card pa - Manatee

It's a folding tin top. It could be an illusion but the front windows look to have illegal tints.

Edited by Manatee on 27/06/2017 at 20:48

Can a garage charge a 'terminal fee' for a card pa - glidermania

Oh dear, someone blythly giving out duff info again. It is not quite correct to say you signed (or formed) a contract and the dealer can tell you to get stuffed. It depends on the contract and whether there's any cooling off period mentioned in it.

This 'cooling off' period is normally only given where there is finance involved but may also be in the small print even if it is a 'cash' sale.

That said, if you paid a sizable sum via credit card, the dealer would have been charge a percentage based fee to accept your payment (all card transactions have this). He can therefore legally deduct this transaction fee from monies returned to you.

He's agreed to return your money almost without quibble, is it fair that he's out of pocket on the transaction fee? I dont think so.

Can a garage charge a 'terminal fee' for a card pa - Serial Car Changer
All good advice thanks.
Well I stated that I would update you all on the eventual outcome part ex developed a fault whilst I deliberated over what to do, and looked into soft tops which I prefer but of course ended in 2006 and petrol models which were harder to find and not so pretty, (yea I know, I know!!), so I got the fault temporarily rectified and agreed to continue with the deal.
I pick up the BM on Saturday and my fingers are crossed that I get a couple of trouble- free and enjoyable years from it, because as my name suggests, I will be changing again then...and probably asking more advice from you guys!

Meanwhile I will be looking for something with a high driving position and large boot for around £4K to replace the Outlander I'm part exing, as I use two vehicles.
Bet you all have some advice and opinions on that one too!?
Can a garage charge a 'terminal fee' for a card pa - SLO76
Best of luck with the BM. Despite the woes many suffer there's loads of others who've had good experiences and they're certainly enjoyable to drive on the right road.

As for a cheap SUV I'd probably be sniffing round Honda CRV Mk III's with 2.0 petrol power. Tough old wagons that rarely go wrong and loads of room inside.
Can a garage charge a 'terminal fee' for a card pa - Avant

One way round it, if you can afford it, is to let the dealer keep the deposit on the understanding that he will look for a petrol alternative for you. That way you might both end up happy.

As said above, it does indeed depend on what's in the contract, but I think that most deposits of this nature are non-returnable.

Can a garage charge a 'terminal fee' for a card pa - scot22

Glidermania - first paragraph is stating the obvious. Of course, it depends on the contract : all contracts do. Most people take that as read.

Can a garage charge a 'terminal fee' for a card pa - glidermania

Stating the obvious that people who glibly give out info clearly forget if you read some of the comments. So no, I dont take it as read.

Re the OP, Ive had both a 3 Series E90 convertible and Z4 E89 convertible, both with hard top roofs. Providing you adhere to the guidance and dont put anything in the side areas of the boot thentry and retract the roof, you shouldnt have any problems.

Some of the E85's had issues with the roof motor due to water ingress. You can have the motor moved. Cant speak for the soft top versions really as mine weren't.

Other than that, I miss my Z4 and getting the top off at every opportunity.


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