GenghasBANG
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Are we going to have to refund this customer?
GenghasBANG replied to GenghasBANG's topic in General Dealer Chat
He literally emailed us today telling us that he’s taken pictures of the adverts, recorded himself going through our website to show our (in his words : lack of ) proper and clear t&c’s ( in case we decide to change anything so he has ‘proof’) , will be reporting all this to auto trader, and we can look forward to him blasting our name to the high heavens using ever medium available to him Our boss wasn’t in today, but my colleagues again didn’t seem very phased by it - apparently since he did the transaction by debit card ( and not credit card )he’s going to have an uphill battle getting the money back if he does decide to go down the chargeback route. Seems abit excessive lol -
Are we going to have to refund this customer?
GenghasBANG replied to GenghasBANG's topic in General Dealer Chat
Thank you for all your replies, i imagine this is something that happens relatively often with other dealers, so trying to figure out the best way around it. I mean, its not like i personally can push for him to get a refund, just wanted an idea of where we stood legally. Just got in, and, to give some more context, there are emails between him and my boss which do imply that he was planning to pay for the car? So he did show CLEAR intention of at the very minimum, coming in to see the car - If that makes a difference? We processed the car as sold subject to viewing, we sent him some paperwork ; info about GAP, AA cover, receipt for his deposit and a blank order form - although, of course, its blank (that is to say - he has not actually signed anything yet) @justina3 This is where my train of thought currently is, regardless of whether we think it's right or wrong, if he does file a chargeback with his bank, is he likely to 'win' it? -
Are we going to have to refund this customer?
GenghasBANG replied to GenghasBANG's topic in General Dealer Chat
Look to be honest, despite the fact he sounded like a bit of a tw*t, i agree, he placed the deposit at around 5PM on Friday, we were open Saturday but not Sunday, then theres Monday and today, in reality, we've 'held' it for 3 days and he's now made it clear he doesn't want it anymore. This is really more about are we even 'allowed' to keep the deposit? For most things, i believe he'd have a mandated 14 days to cancel? It just seemed strange that no one around me even mentioned this? And when i did, it felt like i was being told it doesn't even apply in the situation? -
Hi All Ive tried to do my own research into this, but the information has just been so conflicting its driving me crazy. And where i've only just started the job and this seemed quite heated, i didnt want to bother any colleagues as they seemed quite annoyed by it all. I did ask one colleague about 'distance selling laws', but he just brushed it off and said its nothing to worry about Last Friday, we got a call from an eager buyer who had seen an ad for one of our cars on auto trader. After a bit of a chat, he agreed to place a £250 holding deposit on the car. Today, when he was supposedly on his way up to see it, he had a change of heart. My colleague spoke to him on the phone, and he told us that he'd decided he wanted to go for a auto instead of a manual. My colleague told him that, as we hadn't mis-represented the car, he wouldn't be entitled to his refund back. He knew the car was a manual, and he still put a deposit down, why should we lose out when this car could've gone to someone else? Naturally the customer kicked off and first mentioned that: 1 ) Our advert on auto trader clearly says the deposit is refundable (although, it does say *subject to terms* right next to it) 2) RE - subject to terms - our website doesn't actually SPECIFY in any way, what *terms* these are. In his defence, this is true, it doesn't. It actually gives the impression that if someone changes their mind for whatever reason, they're entitled to a refund Customer eventually hung up the phone, citing that he would just do a chargeback. To be honest, he sounded like a royal a-hole, and the thought of this guy getting his deposit back seems completely un-just. BUT, i have to wonder - as he hasn't ever been to see the car, and all the transactions/communications were done over the phone, is this situation not covered under the standard distance selling laws? We don't take deposits by credit card because of the haggle s75 can bring, but won't this case be just as hard to 'defend'? I'd really like to be able to go back into work tomorrow and actually have a clue what i'm talking about lol, so thanks for any help you can provide