Hi,

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?

Thanks

Topic

[rox]

I’ve never had to ever pay a deposit on any of my 3 cars on the scheme and even on my next car which ordered for april at £1599 ap no deposit was asked for or mentioned ever on any.. Seems like some car dealers are taking the biscuit and misleading people imo.. I’ve never had to cancel though, but thats the way it goes. They may not like it, but i don’t think they can keep a deposit they conned you into paying in the first place towards the ap.. added extras maybe different but the ap is not due until collection day…

[JSModerator]

You get the deposit back unless in the rarest Off cases they gave you in writing the full conditions of such deposit and it’s clearly stated the deposit is none returnable, No dealership can take Any deposit towards the AP or anything to do with Motability, Any payment they took is either towards Options/extras and-or a holding deposit so unless they gave you details term from thier dealership (nothing to do with Motability) and any conditions then they have to give you a full refund of any payments made.

[Russ]

I will let you know how i get on . I only paid the £800 as i had the money at the time and thought it would be less to pay on collection. To be honest when we viewed an allspace it looked great. But when you compare the reviews and dimensions it is a lot smaller than our Touran which has been perfect . The car is for our daughter so when i take her on Friday if she is happy then we are. But if not i will be asking for another Touran

[Russ]

Well Volkswagen was brilliant . I am going back tomorrow with a full family to re test the car. They have said i can have my deposit back no matter what i decide.

[JSModerator]

Great news Russ, let us know how you get on

[BriggsyParticipant]

Having an absolute nightmare trying to get my money back..simply won’t answer my calls or emails really don’t know what to do next

[JSModerator]

@briggsy if they didn’t give you full terms of your deposit in writing then they cannot keep it. If you paid by card then I would go back into the showroom and ask for the branch/sales manager, present him with your card and ask for the refund their and then.

[Russ]

I did mention that a deposit should not have been needed on a motability advance payment in the first place . Not sure if that helped ?. But they said no problem they will refund no matter what i decide even if i was to switch brand

[jamesg]

Russ Hi  what  happens  if the Dealership  went  in to  administration ?  You lose all your  deposit?

[BigDaveParticipant]

jamesg wrote:

Russ Hi what happens if the Dealership went in to administration ? You lose all your deposit?

That is the problem with paying a deposit. As the transaction is between yourself and the dealer (and not monies held on behalf of Motability), if the dealer goes into Administration/Liquidation/Bankruptcy, you are just another unsecured creditor. If there is no money ‘in the pot’ you will get nothing back, or it can be pennies in the pound if you are lucky.

Your best hope is that the dealer will accept any deposit by credit card, in which case Section 75 of the Consumer Credit Act cover will apply.

Be wary of paying a deposit by debit card though, as there are time limits to initiate a Visa Debit Card/Mastercard Debit Card chargeback, usually up to either 45 or 120 days from making the purchase/deposit, depending on the type of card.

https://www.moneyadviceservice.org.uk/en/articles/how-youre-protected-when-you-pay-by-card

Thus, if there is a long lead time for your chosen vehicle and the dealer goes out of business before delivery, you may not be within time to request a chargeback.

It is why if a dealer asks for a deposit, it is either paid by credit card or I hobble out of the door and go elsewhere.

Dave

[BriggsyParticipant]

JS wrote:

@briggsy if they didn’t give you full terms of your deposit in writing then they cannot keep it. If you paid by card then I would go back into the showroom and ask for the branch/sales manager, present him with your card and ask for the refund their and then.

 

Im going to be honest with you,im not great at that sort if things have terrible memory issues and while I always have someone with me I do get flustered.

 

My wife was with me when we ordered the vehicle and she certainly didn’t hear any mention of it being non refundable,i just feel stupid it being my first time using the scheme that I fell into this trap, the Jeep dealership I have since used have been nothing but professional with me and its a pleasure to deal with them

 

[Russ]

Now i know i will never pay a deposit again

[vinalspinParticipant]

Ring Motability again and tell them the dealership is taking advantage of you by playing on part of your disability as you struggle with memory problems and get flustered easily and this is affecting your condition and you feel like you are being discriminated against, add that you thought Motability was set up to help disabled people become mobile again and not to be cheated!

I would also go on Facebook and shout out loud on the dealers page about how they have treated you and they they are discriminating against the disabled (get a friend to help if you need to and if poss).

[OscarmaxParticipant]

I thought you cannot sign away your statutory rights? plus is it not an unfair contract which in unenforceable and against Motability’s guide lines in order to protect vulnerable disabled people.

Personally I would contact you MP, I have use mine twice in the past their office just go for it taking no prisoner’s.

---

In 2005 I suffered a brain injury which has left me with mental and physical disabilities.
Unfortunately I do get confused and get things wrong, so I apologise in advance.

[Wenglish1984]

Hi guys out of curiosity if I was to cancel a Tiguan order with vw how soon could I place a new order with a different dealer who has one in stock and available within 7 days ?

[JSModerator]

@wenglish1984 it should be straight away, but to be sure the best way is to check with Motability the following morning, if it doesn’t show on their system then they can change it there and then, it saves your new order getting maybe getting cancelled a couple of days later.

[BriggsyParticipant]

JS wrote:

@briggsy if they didn’t give you full terms of your deposit in writing then they cannot keep it. If you paid by card then I would go back into the showroom and ask for the branch/sales manager, present him with your card and ask for the refund their and then.

 

Just thought id update you,

 

In the end I got in touch with my bank about a chargeback, they wouldn’t get involved but did offer some advise, which had been given whereas you suggested JS,they said go in etc and fight your corner but then just as I thought we weren’t going to get anywhere he suggested sending a simple email, saying I no longer wanted the car and under my statutory rights etc and as the chap I spoke too said “wait and seen give it less than 24 hours before they’re back in touch”..he was right it took 17 hours and the line of communication where back open and it took 2 days for the refund to appear in my account.

 

Shame it took so long but there you go,live and learn thats for sure.

[Russ]

If its another VW the same dealer you made you order with should be able to obtain that car. They all share the same stock

[vinalspinParticipant]

In future only put a deposit down if you get it in writing that it is refundable and only for any extras you choose, also I would only do a couple of hundred max.

[Author]

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