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£ weeks ago i put £600 deposit on a new 60 plate fiesta,

I informed them that i had sold a 300 and was awaiting final payment on the following saturday, to give over anothe £2k as deposit.

Unfortunately thesale fell through with my zed, i informed them at fords the situation, they said i need to pay the £2k still on the Monday morning.

 

I was unable to take £2k just £12K

as poor person buying my car had a mis fortune.

 

Fords will now not give me back my £600

 

is there anything i can do?

 

advice please,

i gave the person who had some bad luck there £200 back as just bad luck for them

do you think i can get anything back from fords.

 

 

car was in stock in studio not a special order

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I used to work for Ford (the manufacturer) many years ago and one of the jobs I had was on the dealer finance side, Ford Credit. There are a couple of things that I need to understand before giving my opinion...

 

The first is...are you still intending to buy the car or has the deal with the Fiesta completely fallen through?

 

On any of the documentation the dealer gave you when you paid the deposit, did it say when the final balance/deposit had to be paid by?

 

Were you buying the fiesta on finance or paying cash? If on finance, have you signed the finance agreement yet?

Did you sign anything when you handed over the £600 ? If so does it have the contract on it ?

 

If they didn't give you sigt of the contract when you handed over the £600 they will find it hard to justify keeping it.

  • Author

I yes still want to buy

Final balance 2012 yes

Finance Not signed yet

as was getting through my own bank.

 

There excuse is they were saving that car for me as i would normally have to pay for delivery and autos are rare in stock with the trim level i wanted.

 

I personally think they thought i was messing, as i the day after i gave deposit i had to pull out due to someone else pulling out on my car.

 

The fiesta was sold that i wanted the very next day

if you went to the garage and signed a contract handed the cash over you're pretty much screwed as there is no cooling of period the only chance you have is to claim car is not as sold, better of going to solcitor or citzens advice

OK. In that case, have you signed anything at the dealership that relates to the purchase of that particular Auto Fiesta?

  • Author

All i have is a slip saying deposit for vehicle %$%$£$%

Chassis $£%^$%$%*^%

Outstanding instalment £2000 to be paid on *(&*(&

 

Thats it

  • Author
OK. In that case, have you signed anything at the dealership that relates to the purchase of that particular Auto Fiesta?

 

Yes that particular fiesta and chassis

Cool. Now this next bit is my "informed" opinion, NOT legal advice (I am not qualified to do that!).

 

The piece of paper you have does constitute a "contract" for the supply of that particular Auto Fiesta. The most important bit is that it makes reference to the chassis number. Even though you have pulled out of the deal, they are also unable to fulfil their obligations (because they have sold the Auto Fiesta to someone else).

 

This means that they need to return every party to their original financial position before the deal was agreed. This includes giving your deposit back.

 

Put this to the dealer and if you would prefer to PM me for any further help, feel free.

  • Author
Cool. Now this next bit is my "informed" opinion, NOT legal advice (I am not qualified to do that!).

 

The piece of paper you have does constitute a "contract" for the supply of that particular Auto Fiesta. The most important bit is that it makes reference to the chassis number. Even though you have pulled out of the deal, they are also unable to fulfil their obligations (because they have sold the Auto Fiesta to someone else).

 

This means that they need to return every party to their original financial position before the deal was agreed. This includes giving your deposit back.

 

Put this to the dealer and if you would prefer to PM me for any further help, feel free.

 

 

Hi thank you

 

Ill give it another go tomorrow, i been going there 6 days in a row to sort this and sales manager on holiday.

 

Im just gutted,

Cool. Now this next bit is my "informed" opinion, NOT legal advice (I am not qualified to do that!).

 

The piece of paper you have does constitute a "contract" for the supply of that particular Auto Fiesta. The most important bit is that it makes reference to the chassis number. Even though you have pulled out of the deal, they are also unable to fulfil their obligations (because they have sold the Auto Fiesta to someone else).

 

This means that they need to return every party to their original financial position before the deal was agreed. This includes giving your deposit back.

 

Put this to the dealer and if you would prefer to PM me for any further help, feel free.

 

I agree - you could just say to them - ok I agree to be bound by the contract i signed and paid the deposit for - now deliver me the specified car - oh you can't because you've sold it :thumbup:

I agree with that, thay cant claim to have lost out if they sold the car can they.

 

With Ford being such a big company, £600 is nothing to them. I'd go higher and call ford Direct. Threaten legal action and watchdog etc. They wouldn't want the bad press over £600.

 

Failing that, burn the garage to the ground!!!!

Failing that, burn the garage to the ground!!!!

 

Was thinking more of putting the front window in. after all he has paid for it :lol:

if you can , take a solicitor with you, let him do the talking , faling that i have the name of cracking solicitor , real petrol head loves anything auto related especilay regarding garages that try to rip off ....one call from him it will be solved ......

if you went to the garage and signed a contract handed the cash over you're pretty much screwed as there is no cooling of period the only chance you have is to claim car is not as sold, better of going to solcitor or citzens advice

 

There is NO cooling off period because he hasn't signed for Hire Purchase etc.

I'm a car salesman for a main Nissan dealer and we see things like this every now and then. They can give the £600 back and as stated below they have broken there contract to supply the vehicle specified on the deposit/order form.

 

Cool. Now this next bit is my "informed" opinion, NOT legal advice (I am not qualified to do that!).

 

The piece of paper you have does constitute a "contract" for the supply of that particular Auto Fiesta. The most important bit is that it makes reference to the chassis number. Even though you have pulled out of the deal, they are also unable to fulfil their obligations (because they have sold the Auto Fiesta to someone else).

 

This means that they need to return every party to their original financial position before the deal was agreed. This includes giving your deposit back.

 

Put this to the dealer and if you would prefer to PM me for any further help, feel free.

 

Good advice! If they refuse to give your deposit back just call Trading Standards not the citizens advice and they will fight your battle for you once you have sent in a letter to the dealer stating why you are pulling out.

Just spoke to one of the directors at the dealership I work in and he said, if they can't supply the vehicle you signed for (the one with the chassis number on your receipt) then they have broken there agreement and will have to give your money back!

  • Author
Just spoke to one of the directors at the dealership I work in and he said, if they can't supply the vehicle you signed for (the one with the chassis number on your receipt) then they have broken there agreement and will have to give your money back!

 

Hi went today again

 

No manager.

 

They saying whether sold or not the vehicle that iwas hoing to pay for on the 16th I did not pay the instalment on time, i explained that i had sold my zed and the person had to drop out due to a problem i also gave the person their deposit back, in good faith,

Salesman was rude and said well fool you for giving it back? incredible???

 

They said they cant just hold a car indefinately until i get the rest of the money!

In honesty i was 11 days late due to having re sell the zed again, and then having the rest of the deposit.

 

Then salesman walked away to serve someone else!

 

Im going back again 2mrw

 

CAB said they are too busy for that kind of dispute speak to trading standards

With all due respect its your fault that you placed a deposit on another car before making sure you sold your other one.

 

Salesman was right not rude!

 

One of my customers is in the exact same position as you (same amount too) and at the end of the day I have no sympathy at all - my job relies on me selling cars otherwise I get **** all. He wont be getting his deposit back. I kept my end of the deal whereas he went back on his, so who exactly is at fault?

  • Author
With all due respect its your fault that you placed a deposit on another car before making sure you sold your other one.

 

Salesman was right not rude!

 

One of my customers is in the exact same position as you (same amount too) and at the end of the day I have no sympathy at all - my job relies on me selling cars otherwise I get **** all. He wont be getting his deposit back. I kept my end of the deal whereas he went back on his, so who exactly is at fault?

 

but my car was sold with a deposit guy was collecting next day, but hada skortfall of badluck

In small claims court if you can proove they sold the car and that they were not disadvantaged by you pulling out financially you stand a VERY good chance of getting your deposit back. The dealer will rely on the fact that you will do feck all and keep it.

 

Small claims does not run to the letter of the law it is an "opinion" on the situation. And if you say they sold the car right away before I had a chance to re sell mine and they did not want to PX it for the same as the private sale money I think you have a good case.

 

Its worth the small claims fee to shake the tree a bit and I bet they settle up before hand.

I hope you get your money back, I really do. But isn't that what a deposit is? If you failed to pay when you said you will, you forfeit the deposit :(

  • Author
I hope you get your money back, I really do. But isn't that what a deposit is? If you failed to pay when you said you will, you forfeit the deposit :(

 

Yeah i guess. me and the wife not spoken it a week. really sad.

Just thought they would have some kind of good faith.,,.,.

If you continue to get no joy from the dealer, you can always call Ford Motor Company Customer Relationship Centre on 0845 841 1111. As it was a new car you were looking to buy, they will be interested in how the dealer is representing their brand (i.e. not very well!).

 

Dealers are independent of the manufacturer and have an obligation to uphold the values of the brand because it forms part of their Franchise Agreement. When this ethos is not supported by the dealer network, often the manufacturer will get involved very quickly.

 

Hope this helps you get your deposit back in a hassle free way so you and your wife will be on speaking terms again!

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