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lee_dewing

  • Posts: 3124
mugged off
« on: January 03, 2018, 08:46:20 pm »
Recently put a holding fee down on a van.

Decided not to buy it as wasn't happy with RAC inspection report.

Told garage not buying wanted £100 Holding fee back.

Salesman said they wanted to see RAC report as they don't believe van may need £1000 spending on it.

Should I forward report?

Not a happy bunny.
Don't want to start losing my cool on the phone😖

Any advice please?
Thanks lee
Pleasure in the job puts perfection in the work.     - Aristotle

paul alan

  • Posts: 1683
Re: mugged off
« Reply #1 on: January 03, 2018, 08:50:45 pm »
will give report over when i see the £100??

P @ F

  • Posts: 6323
Re: mugged off
« Reply #2 on: January 03, 2018, 08:52:13 pm »
It all depends on the paperwork for the holding fee mate , does it say its non returnable ? , if so then they could well have had you over , it happened to me about 20 year ago with a car !
I'm so lazy I'm getting tired of it !

lee_dewing

  • Posts: 3124
Re: mugged off
« Reply #3 on: January 03, 2018, 09:01:49 pm »
This is email, not saying they won't refund, no money refunded though.

Shall I email back to say I'll be in Saturday with report.

I'm quite a polite, passive guy and also bigger than alot of people also 😁

Am I just being silly 😐

Sorry to hear that P@F

Lee,

My boss would like to see a copy of the report if possible please.

We find it quite strange that the RAC have said you'd need to spend about £1000 on it.

Kind regards
Pleasure in the job puts perfection in the work.     - Aristotle

Splash & dash

  • Posts: 4364
Re: mugged off
« Reply #4 on: January 03, 2018, 09:11:42 pm »
This is email, not saying they won't refund, no money refunded though.

Shall I email back to say I'll be in Saturday with report.

I'm quite a polite, passive guy and also bigger than alot of people also 😁

Am I just being silly 😐

Sorry to hear that P@F

Lee,

My boss would like to see a copy of the report if possible please.

We find it quite strange that the RAC have said you'd need to spend about £1000 on it.

Kind regards





Sounds like a reasonable request to me they cannot really come to if they don’t know what the problems are , when they see it if you don’t want to proceed with the purchase I would then ask for my deposit back , you also have a seven day cooling off period so that might also be a bargaining point

p1w1

  • Posts: 3873
Re: mugged off
« Reply #5 on: January 03, 2018, 09:14:13 pm »
I dont see the problem really, how do they know your telling the truth. Once they have it though i would want my money back.

P @ F

  • Posts: 6323
Re: mugged off
« Reply #6 on: January 03, 2018, 09:14:45 pm »
Well all you can do is ......Take a copy of your copy in  (keep the original) and play it by ear , if they then refuse to refund you , tell them they can keep it and that you will be going to the local paper with the original or maybe the citizens advice people , or you could camp outside with it and show any customers that might be walking in to buy a van  ;D
You will either get the oner back or get filled in  :o
I'm so lazy I'm getting tired of it !

The Jester of Wibbly

  • Posts: 2257
Re: mugged off
« Reply #7 on: January 03, 2018, 09:16:44 pm »
Just explain that you have paid for the inspection which is money you have now lost out on. 

Tell them once they have refunded the deposit you're happy to pass the report on to them free of charge.
Claim your 50% off your mobile payment card reader with Sum Up.  http://fbuy.me/f7Ve3

Marc Stock

Re: mugged off
« Reply #8 on: January 03, 2018, 09:26:14 pm »
Best thing to do lee is show them the original report in your hands. Read it with the boss, be polite and show them.

If they said that it was ok for you to get an RAC inspection; they have set a condition on the sale.

Once you have established the issues do this next.

Say that you still want the van and to proceed with the sale and pay the balance you must insist on the garage doing the work on the van as specified in the report beforehand.

As you have paid the holding deposit they are bound by their own terms and conditions and they have to rectify the issues, or refund you.

But also bear in mind if they do go ahead and fix the issues before the close of sale you are bound by contract to purchase the van

Send them all this is writing in a contract.

In fact if they dont do anything, and dont refund you. Tell them that you can force them to do the work by the process of court action. ( if you so wanted)

Splash & dash

  • Posts: 4364
Re: mugged off
« Reply #9 on: January 03, 2018, 09:34:56 pm »
Best thing to do lee is show them the original report in your hands. Read it with the boss, be polite and show them.

If they said that it was ok for you to get an RAC inspection; they have set a condition on the sale.

Once you have established the issues do this next.

Say that you still want the van and to proceed with the sale and pay the balance you must insist on the garage doing the work on the van as specified in the report beforehand.

As you have paid the holding deposit they are bound by their own terms and conditions and they have to rectify the issues, or refund you.

But also bear in mind if they do go ahead and fix the issues before the close of sale you are bound by contract to purchase the van

Send them all this is writing in a contract.






If there is that much wrong with the van I would walk away there are thousands of good vans out there so why settle for a bad one Evan if they agree to fix it

Marc Stock

Re: mugged off
« Reply #10 on: January 03, 2018, 09:43:54 pm »
Best thing to do lee is show them the original report in your hands. Read it with the boss, be polite and show them.

If they said that it was ok for you to get an RAC inspection; they have set a condition on the sale.

Once you have established the issues do this next.

Say that you still want the van and to proceed with the sale and pay the balance you must insist on the garage doing the work on the van as specified in the report beforehand.

As you have paid the holding deposit they are bound by their own terms and conditions and they have to rectify the issues, or refund you.

But also bear in mind if they do go ahead and fix the issues before the close of sale you are bound by contract to purchase the van

Send them all this is writing in a contract.






If there is that much wrong with the van I would walk away there are thousands of good vans out there so why settle for a bad one Evan if they agree to fix it

Thats not the point

They won't. It will cost them too much. A refund of 100 will seem like a no brainer to them compaired to spending money 'fixing' it.

My point is you need to show that legally they dont have a leg to stand on if you show them your willing to close the deal.  As a deposit was put on the vehicle they are locked into the process.

Last thing you want to do is say 'i dont want it now' as thats enough to break the contract you made when you paid the 100 and you wont get it back


Splash & dash

  • Posts: 4364
Re: mugged off
« Reply #11 on: January 03, 2018, 10:10:26 pm »
Best thing to do lee is show them the original report in your hands. Read it with the boss, be polite and show them.

If they said that it was ok for you to get an RAC inspection; they have set a condition on the sale.

Once you have established the issues do this next.

Say that you still want the van and to proceed with the sale and pay the balance you must insist on the garage doing the work on the van as specified in the report beforehand.

As you have paid the holding deposit they are bound by their own terms and conditions and they have to rectify the issues, or refund you.

But also bear in mind if they do go ahead and fix the issues before the close of sale you are bound by contract to purchase the van

Send them all this is writing in a contract.






If there is that much wrong with the van I would walk away there are thousands of good vans out there so why settle for a bad one Evan if they agree to fix it

Thats not the point

They won't. It will cost them too much. A refund of 100 will seem like a no brainer to them compaired to spending money 'fixing' it.

My point is you need to show that legally they dont have a leg to stand on if you show them your willing to close the deal.  As a deposit was put on the vehicle they are locked into the process.

Last thing you want to do is say 'i dont want it now' as thats enough to break the contract you made when you paid the 100 and you wont get it back





You should get your money back no problem as the item isn’t fit for purpose so comes under the consumers sale of goods act , they would be very foolish to try and force you to continue with the purchase , as a last resort it’s a call to trading standards and citizens advice , no way would I continue with the purchase I would diplomatically ask for my money back if they refused I would do the above , and or solicitors letter they will back down very quickly then

Marc Stock

Re: mugged off
« Reply #12 on: January 03, 2018, 10:15:58 pm »
Diplomatic is definitely the way to do it.


lee_dewing

  • Posts: 3124
Re: mugged off
« Reply #13 on: January 03, 2018, 10:25:58 pm »
This is what I sent in an email.
Unfortunately I hadn't read your post then marc.

I am nervous now as I didn't realise I was committed to the sale by the holding fee?

Shows how green I am.
My bottom is making shirt buttons  :'(


Hello Nicholas, I have enclosed the RAC pdf
report.

I maybe wrong but believe you should not ask for this?  As I believe this must be some sort of breach of confidentiality.

I would of thought there was a cooling off period with the holding fee?

I believe you are an AA approved dealership and will verify this with them.

unfortunately I'm out of pocket £200 also for the RAC inspection.

As you will see the report is not great reading.


I was told verbally that even if I negotiated money of the sale repairs could be £1000.

I don't think that's unfair reading the report.

Obviously I have decided not to go ahead with purchasing the van as it is my right to.

Regards lee dewing.
Pleasure in the job puts perfection in the work.     - Aristotle

Marc Stock

Re: mugged off
« Reply #14 on: January 03, 2018, 10:34:04 pm »
You'l be ok.m8

But yeah,.don't pay holding deposits its a good way to rip you off as it puts you and the vendor under contract.

If you must do an RAC report get it done before parting with any money.

What needs doing anyway?

lee_dewing

  • Posts: 3124
Re: mugged off
« Reply #15 on: January 03, 2018, 10:44:03 pm »
Thanks Marc.

Bit frightening all this buying a van lark  :-\
Pleasure in the job puts perfection in the work.     - Aristotle

jk999

  • Posts: 2097
Re: mugged off
« Reply #16 on: January 04, 2018, 12:00:41 am »
So what exactly needs doing to the van that's gonna cost a grand

KS Cleaning

  • Posts: 4100
Re: mugged off
« Reply #17 on: January 04, 2018, 12:19:18 am »
Lee I take it you had agreed to buy the van pending the RAC report?  If so, I don't see how they could keep the holding fee as the report shows the van is faulty.

rosskesava

  • Posts: 17015
Re: mugged off
« Reply #18 on: January 04, 2018, 12:39:41 am »
Lee I take it you had agreed to buy the van pending the RAC report?  If so, I don't see how they could keep the holding fee as the report shows the van is faulty.

^^^

That's it in a nutshell.
Just chant..... Hare Krsna, Hare Krsna, Krsna Krsna, Hare Hare, Hare Rama, Hare Rama, Rama Rama, Hare Hare. It's beats chanting Tory Tory or Labour Labour.

lee_dewing

  • Posts: 3124
Re: mugged off
« Reply #19 on: January 04, 2018, 07:00:29 am »
Hi fellas I would upload the report but it ha my details on it.

But oil leak, whistling noise from turbo, mirror indicator has condensation in it.

Central locking doesn't work on rear doors.

Been told bodywork repairs as left side and rear doors have been resprayed lot of filler and variation in paint work.

Only had one service, enterprise print off sheet has displayed 2 services but actually 1 on real paper work.

Looks like van has took a hit on left side as all problems are there.

Hpi did not show van being in accident though.
Pleasure in the job puts perfection in the work.     - Aristotle