Put a deposit down on a new car - can I get my money back?

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I am expecting the answer to be no.

I put a deposit down on a car last week, but afterwards my head was full of alarm bells, the car was steamy, the brake pedal fell through the floor, and the service warning light came on during test drive. The garage owner was very good and explained he would fix the brakes before sale, he said the steam was just condensation due to it being cold and the car not been driven for a while, and that the warning light was the service light.

I got pushed into giving the deposit and then when i came home the alarm bells started ringing. The steam couldn't be normal and I began to worry about the head gasket (posted this on chat last week), I did further research into the warning light which turned out to be ECU warning light (i.e something wrong with the engine).

At this point I thought these would all be sorted out, I went down to show my dad the car I had just bought, but the car was in the garage with the bonnet open giving out so much steam it looked like a steam train, he saw us and looked very shifty.

When he phoned me up to say the MOT and service had been done, I quized him about the warning light he said it was service light, but several machanics tell me differently and a service would not have cured it, and the steam certainly was not normal.

I then went down to my local machanic and he said that this garage owner is well known for it and cant be trusted as we won't want to know as soon as he gets your money. I decided to cut my losses and lose the £100. I told him I had difficulty raising the money. He told me he has to repair a lot of his so called under warranty cars.

Now I could have ask for proof the faults have been fixed and then demanded my money back, but this guy is known to be quite nasty so I chickened out and took the easy way out and told my loan had fell through - he then put the phone down on me.

Is there anything I can now do? Before phoning him to say my loan had fell through I did ask him he fixed the faults and he was just vague "yeah yeah its been done", I was expecting some what more technical like "yeah it just wanted a new MAF sensor".

I just feel a bit foolish about the entire thing I knew the car had defects before I put the deposit down, I just trusted him that it would all be fixed, and I believed him that the steam was normal (it was only when I went back half an hour later it was still steaming and by this time after my deposit was put down I realised the steam certainly was not normal)>
 
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I am expecting the answer to be no.

I put a deposit down on a car last week, but afterwards my head was full of alarm bells, the car was steamy, the brake pedal fell through the floor, and the service warning light came on during test drive. The garage owner was very good and explained he would fix the brakes before sale, he said the steam was just condensation due to it being cold and the car not been driven for a while, and that the warning light was the service light.

I got pushed into giving the deposit and then when i came home the alarm bells started ringing. The steam couldn't be normal and I began to worry about the head gasket (posted this on chat last week), I did further research into the warning light which turned out to be ECU warning light (i.e something wrong with the engine).

At this point I thought these would all be sorted out, I went down to show my dad the car I had just bought, but the car was in the garage with the bonnet open giving out so much steam it looked like a steam train, he saw us and looked very shifty.

When he phoned me up to say the MOT and service had been done, I quized him about the warning light he said it was service light, but several machanics tell me differently and a service would not have cured it, and the steam certainly was not normal.

I then went down to my local machanic and he said that this garage owner is well known for it and cant be trusted as we won't want to know as soon as he gets your money. I decided to cut my losses and lose the £100. I told him I had difficulty raising the money. He told me he has to repair a lot of his so called under warranty cars.

Now I could have ask for proof the faults have been fixed and then demanded my money back, but this guy is known to be quite nasty so I chickened out and took the easy way out and told my loan had fell through - he then put the phone down on me.

Is there anything I can now do? Before phoning him to say my loan had fell through I did ask him he fixed the faults and he was just vague "yeah yeah its been done", I was expecting some what more technical like "yeah it just wanted a new MAF sensor".

I just feel a bit foolish about the entire thing I knew the car had defects before I put the deposit down, I just trusted him that it would all be fixed, and I believed him that the steam was normal (it was only when I went back half an hour later it was still steaming and by this time after my deposit was put down I realised the steam certainly was not normal)>

I realy think you have no cause to worry about getting your deposit back, under the trading act I believe there is a fourteen day cooling off period.

As for him repairing the car, he would have had to do that anyway, he cannot hold you responsible for that cost.

Just go back to him tell him your circumstances have changed, and you want your deposit back, talk in a quiet polite manor, if he refuses, just tell him you are going to the trading standards office, then walk away.
And do exactly that!

Wotan
 
Thanks might try and get my dad to go with me or something.

I got a few of my sentances mixed up, but my machanic basicaly told me he repairs a lot of this garages cars when they are supposed to be in warranty.

I am not sure the 14 day cooling of period will apply, I was paying cash. The deposit was just so he could MOT/Service it etc and guarentee I would be back.

I also remember once in the test drive he drove it for a bit and he had to give it some throttle to get the thing started, it did start first time but this does hent of a possible problem with compression - again going back to cracked head gasket or even worse cylinder head!.

I am worried if I did put in a claim he could put in a counter claim for the cost of the MOT/Service. He has my address and if he is as nasty as I have been told well :(.

Also there was no real service history. I asked if the cambelt/water pump has been replaced he said yes, when he showed me the paperwork all it was his garages stamps, no receipts or anything for the work he has supposed to have done in the past 3 years.

So at worst this car has
Fake service history
Possibly clocked (though have no evidence at all to suggest this)
A problem causing water to combust in the cylinders to produce steam
Something causing the ECU warning light to come on.
Spongy brakes
A sqeeky belt which he said was the aux belt which just needed WD40 - possibly true.

A lot of it may be fixed now, and this would be my problem, I cannot prove the car wasn't fit for purpose, and the lies are my word against his.
 
First thing is to not touch the car or this garage with a barge pole.
Second, as advised above.

Take no responsibility for him MOT'ing the car etc, he would have to do this for the next mug he sells it to anyway.

At worst, you have lost £100.
 
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Paying in cash credit card or gold the law still stands.

I would tell him you are having a full inspection carried out by the Rac or AA and if there are serious defects I want a refund even if just to pay for the inspection.
See what he says or does then.

If you are a member of the Rac or AA they are great for source for tech and legal advice in this area for free and love the opportunity to come out and rip a car to shreds from a dodgy dealer.
There is no way he would get shirty with them by your side.

Good luck
Pete
 
Walk away and don't make a fuss. You can ask, but the deposit is lost unless the trader is nice enough to give it back.
Don’t assume that you can change your mind if you sign an order to buy a car. You could be in breach of contract if you cancel. You might lose your deposit and the trader could try and recover any additional losses from you. There are exceptions to this. If you agree to buy the car on finance arranged by the trader, you may be able to withdraw from the agreement before it has been ‘executed’ i.e. signed by all relevant parties. You should then be able to recover your deposit.

Quote taken from trading standards website http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=adv1019-1011.txt Some good advice there for the next one eh?
 
This why I have decided just to loose the £100. If he dares to get for my breach of contract I have lots of witnesses including several forums where I have asked machanics about what he told me etc.

He lied about the service light and I am pretty sure if the AA/RAC was to an inspection on the car they would find a severe head gasket leak. Now he probably knows this and he came accross the wrong person.
 
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