Advice needed from the wise, and a warning to the unwise

[Moe]

Guys little advice.

I had put a deposit on a e30 cab with a breakers in the north. Now I was warned by Mr. AndyAlpina that these guys were less than methodical which proved true. In my eagerness I gave them 500 gbp as a deposit in November 2017. I made it clear to them that is was a refundable deposit by email, got no reciept and no agreement. I left it with them, but received no update on the car for 6 weeks. The market was rising and I was getting spooked. The car I later purchased came up and was less expensive by 1000 gbp than they were asking. I was under pressure to make a decision and emailed the guys with my deposit on the 3rd Jan.....no response, emailed again two days later, no response so I cut my losses and got the other car. 1 days later the guys with the deposit emailed me to say the car was underway.

I emailed the deposit guys and told them I was out. No response.

I emailed again asking for a response and they sent me a snotty email asking what I was after.

"Hi Maurice,
What response is it that you are seeking? We can acknowledge the email if you like, but it rather seems that that was the termination of the agreement.
Best regards,"

I said I was after my deposit or part thereof. They contend in our agreement (?) it was non refundable even though I emailed them that is was not and they did not contest this at the time is sent the deposit.

So my question is
1. Do I get cross or not, I see both sides here?
2. Do I name and shame...if there is shame to name?
3. Do I level poor feedback on the forums and other social media they are active on.

Advice needed please, I am not that terribly fussed and realize this is of my own making. What do you think.

[kdevitt]

I know exactly who the garage are. They post a good bit on Facebook so don’t think they’d love negative feedback. I wouldn’t be allowing them away with it - I’d be sending up a solicitors letter and take it from there.

[Andy]

I guess firstly I am glad for your sake you didn’t go down the road these guys doing a restoration because I doubt they would actually know what one is and you would have added years to your life on the process. As you had no real written agreement/receipt on the deposit and work etc, I think you will have to chalk it up to experience. If you had the will to go through naming and shaming I think you could cause yourself more hassle.

[Moe]

Yeah Andy, I feel I am likely a lot better off despite loosing the deposit.

Yeah I could see it getting aggravating, I dont like to air grevances in public, its get my blood pressure up and everyone look like a fool.

[JohnH]

Yeah Andy, I feel I am likely a lot better off despite loosing the deposit.

Yeah I could see it getting aggravating, I dont like to air grevances in public, its get my blood pressure up and everyone look like a fool.

Having been on the receiving end of something similar this sort of situation makes my blood boil.

While they are probably legally correct in not returning the deposit as it’s likely in their Terms of Business which they’ll claim the deal was subject to despite your email stipulation this just isn’t an honourable way to do business.

They didn’t explicitly say before taking the deposit that it’s not refundable, they’re not at a loss as the market’s rising and it’s not like the restoration had started so I don’t see their issue.

I wouldn’t name and shame in a manner which would leave you open to accusations of petty whinging as FB and forums are full of complaints & regret. However I think stating your view that you’re happy you bought from The Old Colonel rather than X, even if it cost you a lost deposit of £500 would be perfectly fine and possibly more damaging.

[RossYB]

A deposit it to me is non refundable..... BUT surely by you sending it in writing that it was refundable and they not saying otherwise and accepting the 'contract' it should be refunded?

Really awkward situation but worth getting some legal advice.

[Moe]

legal advice will cost me time and money, its simply not worth chasing except on a point of principle, however if I though I was being really done I would leave bad reviews. Latest correspondence below. BTW there is not written or verbal agreement. I asked for one but it was not forthcoming.

"Hello,

As per the agreement, the deposit was refundable in the instance of the car not being completed to the standard agreed upon. No provision was made for you choosing to end the agreement, and the very nature of any deposit otherwise is that it is a holding deposit, and non-refundable.
We will be using the deposit for the very thing it was sent to cover, that is, the liabilities you have left outstanding, following the commencement of work, ordering of parts and contracted specialist repairers booked in for this month to work on the car.


Best regards,"

[Moe]

My response

Hello,

Seeing as the car is yours to sell in a rising market, I am sure you will recoup your investment either way, I see no liabilities that I have left, you have my money and the car, and assuming you were planning on selling me the car at a profit leaves you squarely in the black..Your plans to restore and sell are unchanged only the timing was altered. You also provided me with no agreement written or verbal, I would have though this would be on the receipt I requested but was never given. I think it fair to say communication along the process has be poor, and is most of the reason a better option for me was to walk away. Still a missed oppertunity for some goodwill in a small enthusiast market where experiences tend to be shared.

All the best now, and wishing you a peaceful and prosperous 2018. Should you have a change of heart please do place whatever monies you would see fit to return to me with worthy charity of your choice.

Regards

Maurice

[dergside]

Sorry to say this, but I think your money is gone.

A deposit is usually a part payment to hold or reserve an item of goods or service, and offset against the final price. It's also precisely to compensate the vendor or supplier for time wasted or loss arising from the deal not being concluded by the buyer. In the absence of any other formal agreement I think it would be looked at by the law as being a deposit as described and the seller would be entitled to retain it because its the buyer that reneged on completing the deal.

That might be the formal view of it, but it is a bit scummy and would certainly leave a bitter taste in my mouth. Painful, but one to chalk up to experience I think.

[Moe]

Oh yeah the money is long gone. Live and learn, its another story to tell, but I do consider it sharp practice. For instance I need some parts (drivers side sun visor) and just ordered 800 euro of trim pieces. There was a deal to be done with more money in their favor, had they the decency to to be reasonable and retain a customer.