Cancelling order

[Willoughby 15]

Sold a £20,000 truck to a customer 6 weeks ago, he came to look test drove and signed an order form and paid a 20% deposit. It was a business to business sale. 

If I'm honest I though he was probably a time waster and that his cheque would bounce... but it didn't. It was serviced and couple of minor jobs done and 10 days later was ready to go. 

I've now been chasing him now for a month to pay the balance and take it, but he keeps stalling - tells me he will come and see me and pay, then doesn't ring or turn up etc..... 

My order form states the 20% deposit is a "holding deposit" and in small print deposit payments are refundable at the discretion of the seller.  I also have a clause in for storage fees.

I think its not unreasonable that I give him a final 7 days to pay - or I cancel the contract and keep the deposit?

Alternatively service, work and storage would be about £2,000..... Is refunding him 1/2 his money safer... just in case he decided to pursue it legally? 

Anyone else any experience of this sort of thing...... 

[Velicular 10]

I would have thought a deposit was for you to hold the truck and not sell it to anyone else. If he paid a deposit and never came back for the truck even though you have contacted him I would think you have the right to give him written notice for 10 days to complete the transaction or he loses his deposit.

Hey I am not a solicitor or really know anything about the law but it seems you have done your part and held it for him. If some one else had come along to purchase the truck you could not have sold it to them or you would have been in breach of contract.

[Max Branning 149]

On a slightly different scale i had a customer who left a £200 deposit against a £2495 car. Told me he would collect within 3 or 4 days which gave me time to MOT the car for him. I rang him on day 3 to tell him car was ready and he said he would be in the next day. Did not see him for another 2 weeks when he gave some cock and bull story about losing his job. He turned up in a new car similar to the one he was supposed to be buying off me which i can only presume he got a better deal on. He asked for his deposit back to which i refused and explained that i has spent time and effort preparing his car and taking it off sale. He has threatened to take matters further but i have not heard anything since and this was around 3 months ago.

[bestprice4cash 20]

2 hours ago, Max Branning said:

On a slightly different scale i had a customer who left a £200 deposit against a £2495 car. Told me he would collect within 3 or 4 days which gave me time to MOT the car for him. I rang him on day 3 to tell him car was ready and he said he would be in the next day. Did not see him for another 2 weeks when he gave some cock and bull story about losing his job. He turned up in a new car similar to the one he was supposed to be buying off me which i can only presume he got a better deal on. He asked for his deposit back to which i refused and explained that i has spent time and effort preparing his car and taking it off sale. He has threatened to take matters further but i have not heard anything since and this was around 3 months ago.

In your example I doubt £200 even covered your costs?  Why the hell should you refund it. 

It is funny people always come back with a story about a grandparent that has died, a lost job, serious illness or whatever.......  but ask them to prove it with a death certificate, P45 or medical letter and they never can. 

 

OP I would put it in writing. Give him another 7 days to pay the balance and collect it. After that you must re-advertise and get rid. I would return the deposit after reselling the car, minus all costs incurred - including depreciation, re advertising fees, storage costs and your time spent chasing him.  I think this is reasonable.  I'm not sure it is reasonable to hang on to the whole £4000 unless you can demonstrate that loss. 

[Velicular 10]

Here is an interesting article about deposits and rights. http://www.thecarexpert.co.uk/bought-a-car-and-changed-my-mind/

Though giving the deposit back is the kind thing to do and may get you some credibility. I say might because if they have found a truck cheaper else where they are going to slate you for the truck being too expensive, so either way you lose. I think I have become too cynical!

Anyway have a read it is quite interesting written from a consumers rights not a dealers.