A.S.Cars Ltd. - No contract - Deposit not being refunded

[Coolatree]

I gave a deposit of over €1k and I did not sign a contract and I called to say I lost my job 2 weeks before Christmas so I would not be in a position to buy the car.

Alan Sexton the Director and owner said he would not re credit my credit card....can he do this when I have no signed agreement?

 

[Leo]

Sorry to hear about your predicament Coolatree. Deposits are generally non-refundable. Not a lot of good to you now, but you should have insisted on seeing terms & conditions prior to handing over this money.

 

[Coolatree]

Credit Card Deposit - No Agreement Signed - No reference to T & C's

I did not hand over money they took a credit card deposit and I signed no agreement with them...I was not told that deposits are non refundable and there is nothing on the 'unsigned agreement' stating deposits are non refundable.

I have asked my credit card company to put a hold on the transaction

 

[flowerman]

I gave a deposit of over €1k and I did not sign a contract and I called to say I lost my job 2 weeks before Christmas so I would not be in a position to buy the car.

Alan Sexton the Director and owner said he would not re credit my credit card....can he do this when I have no signed agreement?

Im sorry to hear you lost your job.

No disrespect to you here,but why should the company also suffer because you had some bad luck?

That deposit would have be used to hold and secure the car just for you.Thats why you agreed to give a deposit over.

So because you now dont want the car,the company would have lost out on other potential customers who may have also been interested in the car.Business is business and the business cant be out of pocket because of your misfortune.

 

[horusd]

AFAIK it appears some kind of a verbal contract occurred that resulted in a deposit being handed-over to the company. But in all fairness, and regardless of the strictly legal position, it seems very harsh indeed to keep the entire deposit when the person in question lost their job, and within weeks of Xmas.

 

[Brendan Burgess]

I was not told that deposits are non refundable and there is nothing on the 'unsigned agreement' stating deposits are non refundable.

Did you agree to buy the car? Did you make an offer and did he accept your offer?

He could insist that you honour your side of the contract and complete the sale.

What did you think the purpose of the deposit was?

You would presumably be on here complaining if you had gone to collect the car, and he told you that he had got a better offer and so had sold the car to someone else.

What is the normal practice in the industry? Does one sign a contract to buy a used car? Or is the contract the exchange of the Tax Book?

Brendan

 

[Sandals]

I change my car yearly almost and never have signed anything on paying a deposit, only get a receipt...equally I always give a deposit but it would be anything from 50 to 200euro, depending on how low I can get away with. I give so low as I really need to have upper hand on exchange day...check service, nothing missing from viewing day etc...

I would have thought deposit was to hold the car for me and show seller your a genuine buyer and certainly not mean youd have to follow through on a purchase....but I agree dealership at loss of sale so any refund would be a gesture of goodwill...