Car Dealer Deposit Issue

cracovia445

Hi all,

I saw a car on ddeal when i call the seller he said that car is sold i am getting another car next week pay me 3000euros deposit and u can ce to see it i was being fair he didnt mention any terms nothing i paid him by bank the next day i ringed him that i changed my mind i am not coming on friday please return my money back he started making show that he cant give me a penny back! Why i didnt see the car i dont know mileage we have no deal!
He never answers my texts or calls!
Now he is looking to rob me 800euros- and still dont know what to do! He even indirectly threat me and i have proof please help!!

Phoenix3

Welcome to Boards.ie.Congratulations on your 1st post.Maybe you can explain your situation a little better???????

cracovia445

Phoenix3 wrote: »

Welcome to Boards.ie.Congratulations on your 1st post.Maybe you can explain your situation a little better???????

A car dealer is holding on my money when i paid him 3000 to come an see the car next week the car didnt exist he said he is only getting it next week i changed my mind thought its to much hassle i ringed him the next day saying that i am not coming to see the car please payback money the man start ignoring my calls and not answering then few times shout at me over the phone now an my Friend an Irish man called him to know how can he do that to someone? He hanged up the phone and called me later that he abused and threat him i have proof for that he only asked him why? Is he not giving me money back? Then he said i have to go and meet this man first time if i want my money he said that i have to accept 2250 which is 750 less for bo reason and he also need an apology from my friend abusing him? Apology for wat he only asked him whats happening? And he also threat me that he knows 2 Gardai and they will find my friend its a clear threatning to me! I spent 200 just to get to him today! I have no idea whats happening its insane

Paulw

You gave someone a deposit for a car they didn't have and that you haven't seen????

Sounds like you just gave away money.

If it was a dealer, rather than a private sale, normally there are terms and conditions, and usually it specifies that a deposit is non-refundable. Not a whole lot you can do if that is the case.

cracovia445

Paulw wrote: »

You gave someone a deposit for a car they didn't have and that you haven't seen????

Sounds like you just gave away money.

If it was a dealer, rather than a private sale, normally there are terms and conditions, and usually it specifies that a deposit is non-refundable. Not a whole lot you can do if that is the case.

He is a dealer and nothing was explained over the phone no terms and conditions no mileage nothing at all

cracovia445

Paulw wrote: »

You gave someone a deposit for a car they didn't have and that you haven't seen????

Sounds like you just gave away money.

If it was a dealer, rather than a private sale, normally there are terms and conditions, and usually it specifies that a deposit is non-refundable. Not a whole lot you can do if that is the case.

Even i did not signed any thing he never mentioned any terms nothing at all i just made a biggest mistake of my life but he is on the wrong too

ytpe2r5bxkn0c1

cracovia445 wrote: »

He is a dealer and nothing was explained over the phone no terms and conditions no mileage nothing at all

Over the phone? How did you pay him?

cracovia445

Lily Clean Bayou wrote: »

Over the phone? How did you pay him?

Yes over the phone i paid to his bank acc

Paulw

You transferred money to someone's bank account directly???

Sorry, but it sounds like you've made a massive mistake.

If he is a dealer, then you could possibly take a case to the small claims court, but then it is his word against yours. He will, more than likely, claim that the deposit was non-refundable, but as a gesture of good will he offered you some of the money back. In that case, he would be likely to win.

It all sounds like very dodgy dealings.

ytpe2r5bxkn0c1

Not much you can do so! An expense lesson learned. Always ask for the terms associated with a deposit.

cracovia445

Paulw wrote: »

You transferred money to someone's bank account directly???

Sorry, but it sounds like you've made a massive mistake.

If he is a dealer, then you could possibly take a case to the small claims court, but then it is his word against yours. He will, more than likely, claim that the deposit was non-refundable, but as a gesture of good will he offered you some of the money back. In that case, he would be likely to win.

It all sounds like very dodgy dealings.

Thats crazy he is a dealer but how can he proof that he explained his terms and conditions how can he take deposit on something that doesn't exist and ghen not answering calls and today hd was indirectly threatning is it all legal to him and 3000 euros is that easy for him to keep?

ytpe2r5bxkn0c1

Now I'm confused! You said you were down 800, then 750, now 3000. How much are you not getting refunded?

cracovia445

Lily Clean Bayou wrote: »

Now I'm confused! You said you were down 800, then 750, now 3000. How much are you not getting refunded?

I gived him 3000 he today said that he might take off 750-800 from it but dont know when he will give back.

Oryx

If you didn't get a written agreement when handing over money then you have pretty much allowed him to do what he likes with it.

To hand over such a big amount based on a telephone call, for an item you haven't seen, is a crazy thing to do. You effectively gave your money away.

For such a large amount I would get proper legal advice.

bbam

Yes you've made a bad mistake here. Bit he is abusing the situation.

Maybe call into a Garda station and explain your case. I can see no reason why you wouldn't get your full deposit back. If you were lucky enough to meet a sympathetic Garda they could give him a call and nudge him in the right direction.

cracovia445

Oryx wrote: »

If you didn't get a written agreement when handing over money then you have pretty much allowed him to do what he likes with it.

To hand over such a big amount based on a telephone call, for an item you haven't seen, is a crazy thing to do. You effectively gave your money away.

For such a large amount I would get proper legal advice.

I didn't signed any agreement or agreed any terms but losing such a big amount without any proof from his side is insane i am going to solicitor on monday.

cracovia445

bbam wrote: »

Yes you've made a bad mistake here. Bit he is abusing the situation.

Maybe call into a Garda station and explain your case. I can see no reason why you wouldn't get your full deposit back. If you were lucky enough to meet a sympathetic Garda they could give him a call and nudge him in the right direction.

Gardai Said its a civil matter in someway its a theft to keep someons money for no reason and psychologicaly driving me mad

Paulw

cracovia445 wrote: »

I didn't signed any agreement or agreed any terms but losing such a big amount without any proof from his side is insane i am going to solicitor on monday.

You don't need to sign a document for it to be a contract.

But, going to see a solicitor may be your only choice now.

BandyMandy

Can you not ask your bank to cancel or retrieve the payment? If you go down the legal route it may cost you more.

Fred Swanson

This post has been deleted.

JohnDx

Go back to the bogus dealer and say you want to take the car for a test drive, don't return it, until he gives your deposit back.

BandyMandy

Why cant he/she cancel the payment? I thought all bank transactions take up to 3-5 days to clear.

Gmol

So what car is he giving you? If it's a dealer he should have a record of the money going in. You could prove you sent him money but have received nothing in return, could legally protest outside his premises, keep all future correspondence via email. Also email him the current state of situation.

Gmol

Also is he a member of SIMI?

kona

Special.

slimjimmc

BandyMandy wrote: »

Why cant he/she cancel the payment? I thought all bank transactions take up to 3-5 days to clear.

Much faster nowadays.
https://www.centralbank.ie/paycurr/sepa/Pages/SEPACreditTransferScheme.aspx

Payees will receive funds within one business day of the payment being executed.

http://www.ipso.ie/section/CharacteristicsofElectronicPayments

In Ireland, the clearing time for standard electronic payments is next day value for interbank transfers, subject to the payment instruction being received ahead of ‘shut-off’ times which can vary from bank to bank. Payment instructions received after the ‘shut-off’ time will be processed one working day later
Most banks offer same day value for payments made to other accounts held in that same bank
Many banks offer same day money transfer inter-bank services for large value payments

green123

bbam wrote: »

Yes you've made a bad mistake here. Bit he is abusing the situation.

Maybe call into a Garda station and explain your case. I can see no reason why you wouldn't get your full deposit back. If you were lucky enough to meet a sympathetic Garda they could give him a call and nudge him in the right direction.

what is the point of a deposit if you can get it back ?

a deposit is to stop people from changing their mind and wasting peoples time.

deposits should not be returned

emeldc

JohnDx wrote: »

Go back to the bogus dealer and say you want to take the car for a test drive, don't return it, until he gives your deposit back.

That's exactly what I would do, but I wouldn't be advising anyone else to do it.

Paulw

JohnDx wrote: »

Go back to the bogus dealer and say you want to take the car for a test drive, don't return it, until he gives your deposit back.

And then all the dealer has to do is report that the car is stolen (a criminal offence).

The OP only put down a deposit, and then changed their mind.

The OP paid the money direct from bank to bank (not wise). The OP didn't check if there were any terms, such as the deposit being refundable or not. The dealer is taking advantage here, but the OP has left himself open to it.

A very dodgy situation.

dudara

@JohnDx please do not recommend theft as a solution.

dudara

cracovia445

Going to see the solicitor on monday as the man agreed to give back 2250 but i refused to accept yesterday

emo72

the dealer probably purchased a car at your request. if its coming from the uk it could take a few weeks for it to come in. your best bet is to go ahead with the deal as originally agreed. as you got nothing on paper about how long the transaction will take, well then its open ended. you are at his mercy, however if he supplies the car as agreed then youve lost nothing.

edit....your quote... "the next day i ringed him that i changed my mind i am not coming on friday please return my money back"

you entered into a deal. he does not have to return anything. he probably purchased the car and arranged shipping, those things are not cheap. sorry.

Sir Chops

cracovia445 wrote: »

He is a dealer and nothing was explained over the phone no terms and conditions no mileage nothing at all

Then why give him any money??? Let it be a lesson to you to curb your foolishness in future. An expensive lesson undoubtedly but one you obviously need to learn.

ytpe2r5bxkn0c1

emo72 wrote: »

the dealer probably purchased a car at your request. if its coming from the uk it could take a few weeks for it to come in. your best bet is to go ahead with the deal as originally agreed. as you got nothing on paper about how long the transaction will take, well then its open ended. you are at his mercy, however if he supplies the car as agreed then youve lost nothing.

edit....your quote... "the next day i ringed him that i changed my mind i am not coming on friday please return my money back"

you entered into a deal. he does not have to return anything. he probably purchased the car and arranged shipping, those things are not cheap. sorry.

I must be losing it! Where did it say the dealer bought the car as opposed to just sourcing one elsewhere and more so where the heck is there any suggestion that it is being imported from the UK?

emo72

Lily Clean Bayou wrote: »

I must be losing it! Where did it say the dealer bought the car as opposed to just sourcing one elsewhere and more so where the heck is there any suggestion that it is being imported from the UK?

nowhere. however most cars are being imported at the moment by dealers. but thats beside the point, the fact is if the dealer has gone and bought a car from anywhere, well why should the dealer lose out because the OP changed their mind?

ytpe2r5bxkn0c1

emo72 wrote: »

nowhere. however most cars are being imported at the moment by dealers. but thats beside the point, the fact is if the dealer has gone and bought a car from anywhere, well why should the dealer lose out because the OP changed their mind?

I agree fully about the naivety of the OP but I can't let it go that most cars are being imported. Quite a few are but by no stretch of the imagination can you say most.

GerardKeating

cracovia445 wrote: »

Thats crazy he is a dealer but how can he proof that he explained his terms and conditions how can he take deposit on something that doesn't exist and ghen not answering calls and today hd was indirectly threatning is it all legal to him and 3000 euros is that easy for him to keep?

How can you prove that he did not?

emeldc

OP as a matter of interest, if €3k was the deposit, how much were you expecting to pay in total for the car.

emo72

Lily Clean Bayou wrote: »

I agree fully about the naivety of the OP but I can't let it go that most cars are being imported. Quite a few are but by no stretch of the imagination can you say most.

i know what you are saying, i work beside a couple of car dealers and all their cars are imported. the only cars they dont import are ones that were traded in.

i asked why and its because second hand models in uk are a higher spec and cheaper for them even when they pay vrt and shipping costs. plus theres a much bigger pool of choice over there, so easier to source specific models.

anyway its going off topic, and im to blame, the whole deposit system is to stop people bailing on their commitments. the op didnt give any reason why they changed their mind. it is of course their perogative to do this, but also the dealers right to say no problem, but im keeping the deposit.

i have sympathy for the op and the dealer. but the dealer was keeping his part of the deal.

dellas1979

Totally confused.

You paid him a deposit for what?

A specific car you had seen/looked at, and agreed with him to buy that car, gave him the deposit for that car, but he no longer has that car
OR
You knowingly put down a desposit on a car you've never seen (and now you want to pull out of the deal)