Knowing your consumer rights can help you get a deposit refunded if things go wrong – and that also applies to getting your money back from a car dealer…
A Which? Legal member came to us for help after a dealer refused to give him back the deposit he’d put down on a car. He had paid the deposit over the phone, so he could inspect the car before buying it. Before he paid, the dealer told him that if he wasn’t happy after the inspection, his deposit would be refunded in full.
When our member did go to check out the vehicle he found a number of issues with it – including that the true mileage was different to what had been advertised. He decided he no longer wanted to buy the car, but the dealer said that, as the car had no mechanical faults, his deposit wasn’t refundable. The member turned to us to help resolve the dispute.
Advice from Which? Legal
Our lawyers advised that there were two arguments he could make. First, under the Consumer Rights Act 2015, goods should be as described and of satisfactory quality. But the car’s mileage wasn’t as described in the advert, so he could reject it within 30 days and get a full refund without undue delay, and within 14 days.
Secondly, the dealer had told him he’d be refunded the deposit if he wasn’t happy. Under the Consumer Protection from Unfair Trading Regulations 2008, this was misleading, as he had relied on this statement and paid the deposit. This meant that he could rescind the contract and receive his deposit, or claim damages for his financial loss. Following our advice, the member received a full refund.
Protected by your rights
Under the Consumer Rights Act 2015 all supplied goods must match their description and be of satisfactory quality. If there is a breach, you have 30 days from receiving the goods to get a refund. The next remedy is a repair or a replacement. Where this would not remedy the breach, you’d be entitled to a price reduction, or the final right to give it back and get a refund.
The Consumer Protection from Unfair Trading Regulations 2008 stop traders engaging in unfair practices, such as giving false information or causing someone to pay for something they wouldn’t have done otherwise. They entitle you to end a contract within 90 days from when you receive the goods, or a right to a discount on the price paid, or on future payments.
Have you had trouble getting a deposit refunded? Are you up-to-date with your consumer rights know-how? Discover your consumer rights to protect yourself and your money.