- This topic has 99 replies, 14 voices, and was last updated 7 months, 2 weeks ago by john haslam.
January 22, 2018 at 5:22 pm #39211Steve
I ordered a mobility car a few weeks ago and was asked by dealer to put down a deposit. I was not told it was non-refundable and nothing on the receipt he gave me says it is. I want to cancel the car as Ive realised its probably not going to be the right one for me.
Will I get the deposit back?
August 24, 2019 at 6:01 pm #86073Ak
Would you get the advance payment back if you’ve already paid it?August 24, 2019 at 6:35 pm #86074Dave h
When I ask merc if they would need deposit the salesman said no what’s the point I you cancel we would have to give it you back anyway plus we’d be able to sell car anywayAugust 24, 2019 at 6:39 pm #86076BigDaveParticipant
Would you get the advance payment back if you’ve already paid it?
Technically, you don’t pay an Advance Payment in advance of collecting the car.
Motability’s take on it is:
”Some dealers do ask for a holding deposit when you place your order, but any deposit paid will be deducted from the Advance Payment you pay when collecting your car.”
So, what you have paid (in advance of collecting the car) is a ‘holding deposit’.
Motability do tend to be quite shy on this matter when asked, for example, what if the dealer goes bust after you have paid a deposit, but before you collect the car? They wouldn’t answer that question!
Simple answer, never pay anything until you collect the car.
DaveAugust 24, 2019 at 8:26 pm #86085Philjb
Unless it’s for extras you chose over the standard features you would still get any deposit back.
Some bad salesmen will tell you to pay the AP up front. But this is wrong, you don’t pay that until you have entered your PIN number on collection day.August 26, 2019 at 1:43 pm #86174
The only reason I am concerned is because the manager at the garage gave me this lecture about them being charged £500 by VW to cancel an order. It does seem far fetched to me but I don’t know how the motor industry works. Im contacting them again today , will let you know how I get on Thanks for replies so far and support Steve
Steve what happened did you cancel the car.August 27, 2019 at 2:21 am #86219OracleParticipant
Unless it’s for extras you chose over the standard features you would still get any deposit back. Some bad salesmen will tell you to pay the AP up front. But this is wrong, you don’t pay that until you have entered your PIN number on collection day.
Most dealerships/customers settle the AP on the day, but dealerships do have every right to ask for it up-front / before committing to an order (i.e. ordering the car from the manufacturer or registering it to you).
If a dealer asks for the money up front, they are not necessarily ‘bad’. You have to also bear in mind some negative experience (either with Motability or retail customers) that might lead to a dealership wanting to see the funds at the point of ordering. It’s their prerogative to ask for it – and yours to pay it or take your business elsewhere.August 27, 2019 at 5:52 am #86221BigDaveParticipant
You do have to balance the risk in paying any money in advance of collecting the vehicle though, particularly if it is going to be for an extended period.
As I posted in my previous post, and quoted from Motability’s own website, any money paid in advance of collecting the car is not an advance payment but a ‘holding deposit’.
That ‘holding deposit’ is your money, held by the dealer until the vehicle is collected (and PIN entered) and only then does it become a Motability ‘Advance Payment’ and become ‘Motability’s money.
Thus, should the car dealer go into liquidation or cease trading for other reasons, your order would be cancelled and it is upto you to get your ‘holding deposit’ back. If the dealership has gone into liquidation/bankruptcy then you will become just another unsecured creditor in a long line after secured creditors such as HM Revenue & Customs etc. In short, you may not get your money back.
There are some ways you can protect yourself though. That is by paying at least £100 of any such holding deposit on a credit card. That way Sect 75 CCA cover kicks in as the credit card company is jointly liable for making up your total loss (£100 plus the rest of the holding deposit paid by other means).
If you don’t have a credit card, a debit card gives limited protection under the ‘Visa and Mastercard Chargeback scheme’. Although this is not set in law it may work and you could recover the actual deposit paid on the debit card.
As someone on another forum found when a dealership (DeVries Honda) went straight into liquidation about 10 years ago, Motability do not class a holding deposit as money held on their behalf and it is at your risk if the dealership ceases trading.
I was just lucky at the time this happened, as I was all set to order a Honda Civic VR but had to wait for the ‘3 month point’ to order it. I made an appointment with DeVries Honda for the following week and 2 days later they ceased trading. There had been no rumours or word of them going under, but they went straight into liquidation and closed down that day.
Dave.August 27, 2019 at 10:01 am #86226vinalspinParticipant
Most dealerships/customers settle the AP on the day, but dealerships do have every right to ask for it up-front / before committing to an order
I spoke to Motability about this a week ago and was told under no circumstances should I pay any “Advance Payment” to the dealer before I am totally happy with the car and are ready to input my “Pin”, any money asked for by the dealer would be classed as a holding deposit and can be taken off the total advance payment on the day or refunded(depending on the dealer), most only ask if you have added “extra’s” to your order and the majority don’t require a deposit with a Motability order.
She then once again stressed that the advance payment can’t be taken as a deposit and to ring them immediately if a dealer asks for this and they would contact the dealer straight away and correct them on their duties as a “Motability Dealer” and the policies and procedures they have to adhere to(she got quite heated about this) and said she had had several dealings with certain dealers in the last few days trying to do just this and one had been suspended while the reps were to be re-trained on Motability policy(she seemed quite a fierce lady) ??August 30, 2019 at 10:22 pm #86481crippleddadParticipant
I ordered my car two weeks ago, but a change in my personal circumstances mean i can’t afford to change my car just now, are dealers really awkward about cancellations? Can i do this via the phone?August 30, 2019 at 10:33 pm #86482WardyGTCParticipant
They’re sometimes a bit sore at losing a sale but there’s nothing they can do about it.
Ring motabilty first and let them know and then call the dealer and make sure you mention that you have already spoken to motabilty about it.August 31, 2019 at 9:46 pm #86540crippleddadParticipant
They’re sometimes a bit sore at losing a sale but there’s nothing they can do about it. Ring motabilty first and let them know and then call the dealer and make sure you mention that you have already spoken to motabilty about it.
All sorted. Thanks for the advice. No penalties because I cancelled so soon after order was placed, dealer was courteous and understanding to my position.September 1, 2019 at 12:40 am #86544vinalspinParticipant
Happens to us all at some time, hopefully by the time you’re in a position to change they will have lots of good new stuff to choose from.October 21, 2019 at 8:49 pm #92675oldenstar
I am rather annoyed that having ordered our new car on 23rd July for a 26th October changeover, and not being advised of any possible delays, I am now told I have to wait another 3 weeks .. after the start of a booked holiday.
I was told they did not start to build the car until this month!
Not sure I want to but do I have the right to cancel the order? There is a hefty AP which I have not yet paid.
Maybe I could get another vehicle from stock
PaulOctober 22, 2019 at 9:30 am #92760Muhammed
You can cancel the order anytime up until you enter your pin. Even wen the car arrives and you are about to take delivery if you changed your mind you could cancel as long as you haven’t entered your pin. Also you can call around a few other dealerships in the mean time to see if they have any stock available before cancelling straight away. What car is it out of curiosity?October 22, 2019 at 12:04 pm #92787
I thought you could cancel up to the pin going in but motability tells me that a dealer can charge you a fee as they have a factory order that may have extras and even may have had the adaptions fitted you may have to have a very good reason why you need to cancel at such a late time so maybe things have changed now.October 23, 2019 at 12:28 am #92891oldenstar
Car ordered was a Citroen C5 Aircross, top of the range Flair Plus with 2l diesel, plus descent control etc.
I understand that the delay is caused by them wanting to do a run of the same car combination, never mind the customer. No adaptions other than standard listed options.
just so infuriating
PaulOctober 23, 2019 at 6:54 am #92903mitchParticipant
to be fair oldenstar having seen some of the horendous wait times and delays in other threads on here 3 weeks aint that bad, annoying though as it certainly is.October 23, 2019 at 10:23 am #92937
Hi i had to wait over 3 months for a seat leon a while ago and i think some people over 6 months for some models.February 18, 2020 at 10:48 am #106983Russ
Hello we are due to change our current car on March the 30th . We visited our local Volkswagen in early January and viewed a Tiguan Allspace we did like the look of . The salesman stated that there is a 6 month lead time on these but he might be able to get his hands on and to be quick to make decision. We then agreed to go ahead after we was offered a £400 discount off the advance payment which made down to £1399. We paid the dealers £800 deposit then 2 weeks later we had a video ect to say our car has arrived and will be there to collect on the 30th of March.
We have since looked at numerous reviews of this car and they are terrible . Mostly the access to the 3rd row and space in general. This is a motability car for our 10 year daughter who is disabled and we fear we have made a mistake and would now much prefer another Volkswagen Touran . Where would we stand on changing our order and the £800 deposit we paid.
Thank YouFebruary 18, 2020 at 2:56 pm #107004Jane
<p style=”text-align: left;”>phone mobility no sales person should ask for deposit payment and agreements are made once pin in put in to accept car.so dealer should return your refund.good luck.whats the bad reviews on the all space ?</p>
February 18, 2020 at 4:07 pm #107011ColinParticipant
Genuinely surprised to hear you’ve seen negative reviews bad enough to make you want to run – the only reason I didn’t go with the allspace was the waiting time and I’m an impatient sod. Access to the third row is always an issue on the extended 5 seaters – you’ll see similar comment on the Kodiak and Tarraco for example, but you have to decide for yourself if it’ll really matter – I think generally this type of vehicle is aimed at those who need the bigger boot but may occasionally use the 6th and 7th seat. I was looking at them with the plan in mind to have the third row permanently down, but with a bigger boot for my wheelchair etc.
You are fully entitled to cancel anytime until you put in your PIN on collection, but any dealer deposits are between you and the dealer – motability doesn’t endorse (or prohibit) them, but they will be pretty clear that they have nothing to do with any voluntary deposits paid. You’ll have to look into any terms and conditions the dealer sets on deposits but they’re usually pretty sensible – while every dealer is looking at the bottom line, most of them have the common sense to know being a dick with a deposit won’t end well between future support and word of mouth if they’re seen as trying to take advantage of someone, especially someone with a disability (I personally hate playing the disabled card but sometimes it does work)
"Man is born in freedom, but he soon becomes a slave, in cages of convention, from the cradle, to the grave."February 18, 2020 at 11:01 pm #107039BriggsyParticipant
I too had to cancel my order..dealer wasn’t overly happy and my deposit is non refundable..
Not a happy chap at allFebruary 18, 2020 at 11:26 pm #107041ColinParticipant
How much do you stand to lose Briggsy? I would seriously consider contacting everyone you can about it and making clear that you are not happy, start with the salesman, then the head of sales, branch manager, group manager, dealership customer service, the manufacturer customer services etc. Make it so it’ll cost them more in time dealing with you than they’ll make by trying to withhold the deposit. I have no doubt they will have some legalese fine print somewhere on the order saying the deposit is non refundable but I’m 100% sure you didn’t sign anything which said you wouldn’t complain again, and again, and again etc – a few minutes a day on emails might well pay off. You also have the option of going public if they continue to be difficult – the old “name and shame” has a tendency to work wonders when they think common decency doesn’t apply to them.
A lot of public access companies like dealerships don’t want a long line of negative reviews on things like facebook, google, yell.com and the list goes on – just be sure what you say is true – if you lie or exaggerate you run the risk of ending up being the bad guy.
- This reply was modified 1 year ago by Colin.
"Man is born in freedom, but he soon becomes a slave, in cages of convention, from the cradle, to the grave."February 19, 2020 at 9:03 am #107055BriggsyParticipant
How much do you stand to lose Briggsy? I would seriously consider contacting everyone you can about it and making clear that you are not happy, start with the salesman, then the head of sales, branch manager, group manager, dealership customer service, the manufacturer customer services etc. Make it so it’ll cost them more in time dealing with you than they’ll make by trying to withhold the deposit. I have no doubt they will have some legalese fine print somewhere on the order saying the deposit is non refundable but I’m 100% sure you didn’t sign anything which said you wouldn’t complain again, and again, and again etc – a few minutes a day on emails might well pay off. You also have the option of going public if they continue to be difficult – the old “name and shame” has a tendency to work wonders when they think common decency doesn’t apply to them. A lot of public access companies like dealerships don’t want a long line of negative reviews on things like facebook, google, yell.com and the list goes on – just be sure what you say is true – if you lie or exaggerate you run the risk of ending up being the bad guy.
Its only a £100 Colin,but I just don’t see why I should be penalised by this dealership, paying for a service that ultimately didn’t use is nothing short of a con for my way thinking.
Yes I had to cancel, well within my rights too and do so in good time too, spoke to the salesman and the usual “ill speak to my manager and phone you back”,im still waiting again very poor service in my view and while im not a customer this time round I made it clear I would be at the next renewal.
I know we don’t own the cars but as far as I know we don’t don Dick Turpin masks and steal the cars, they are bought by Motability and we pay to lease them, not a “a free car,a better car than I can afford” (not the same dealer or Motability chap at a Toyota showroom I went to can you guess if I used them 🙂 )
I just don’t see why we should forfeit any deposit I really don’t,i have done as you suggested and emailed pretty much anyone I can think of at the Honda dealership I dealt with and I shall see how I get on.
I was just about to give up getting a car frankly till I went to my local Jeep dealership, where a pleasant chap called Paul dealt with me in a businesslike way but friendly with it, got a compass with a tow bar and full-sized spare thrown in.
Its the little things that matter.February 19, 2020 at 7:16 pm #107100Russ
I am going to Volkswagen on Friday with my daughter to see how she gets on with the access of the car and also if her child seat fits ok. If not i will talk to the manager , but for myself £800 is too much to lose. I dont mind paying a fee if it comes to it and we be ordering another Volkswagen Touran if this is not suitable for our daughter .