Dealer 0 : Customer 1 (with apologies to those dealers on here)

[Mr.C]

Having ordered my DStyle+ from my local dealer and paid a deposit of £300, another member gave me the contact details of the dealer he used who saved me £1200+ on the same car.

Being too good an offer to turn down, I asked my original dealer if he could match the offer, which of course he could not, although he did offer to throw in the free servicing deal instead. (Funny how he couldn't offer it originally!)

As this was still not as good a saving I decided to cancel my original order and place it with the new dealer.

I then proceeded to ask for my original deposit back, to which I was told that I was not entitled to a refund.

However, my dealer had not taken into account that he was dealing with Mr. C, who never takes no for an answer.

Several letters later, and after careful studying of the T & C's of the purchase agreement (and even offering to take the free servicing deal in exchange for my deposit, so that they kept a little bit of money for their inconvenience and retained my future business) I was forced into sending the threatening "pay up in 14 days or we go to Court" letter.

Low and behold, I now have a cheque sitting in my hand for £300 and a smile on my face.

And the moral of the story is..........

Don't be afraid to stand up to big businesses and argue against what your are told by them. Remember, the customer is always right!

[Bigfeet]

I'm very surprised by this, normally under dealer T&C the deposit is non-refundable in order to cover cancellation costs occurred from Citroen towards the dealer.

Still being on the other side of the fence I can't condone this kind of action or dealings and I dear say this will raise the usual comments and arguments.

[joeking27]

From this side of the fence (not car sales, but customer service) the customer is rarely right, normally they think they are but generally don't. You are of course nice to them because they want to spend money.

It looks like you backed out of the deal here, because you didn't research your prices too well. From a technical sense you might be right and your deposit was refundable but you had agreed a price etc and then you bailed. I think your dealership may rewording their T&Cs now.

[Mr.C]

I'm very surprised by this, normally under dealer T&C the deposit is non-refundable in order to cover cancellation costs occurred from Citroen towards the dealer.

Don't know about other dealers T & C's, but the dealer in questions state "If the purchaser shall fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited...."

Nowhere in the contract does it state that the deposit (which is merely a token of good faith) will be forfeited if the Purchaser cancels before that notification has taken place.

Now I'm no Lawyer (although I did take some legal advice, which agreed with my understanding of the contract) but the matter of the deposit and any refund is clearly set out by their contract and as such they wouldn't have had a leg to stand on in Court, hence the refund.

Being on the other side of the fence, you may wish to check your own T & C's for future reference (don't know if all Dealers use the same contract wording).

As to not condoning my actions, and those of others like me, don't take it personally, it is after all just business and in business, some you win, some you lose!

[Mr.C]

I think your dealership may rewording their T&Cs now.

The words Gate, shutting,bolted and Horse spring to mind.

I "bailed" out of the deal, as you put it, because the dealer was unable to price match, having been given the opportunity to.

Like you state, I am right, and have not done anything wrong and it's not my fault that over priced Lawyers can't do their job properly.

[pauljack]

For me I think you were lucky to get your deposit back. It was your fault you never checked all the prices first and not theirs. I don't see why you should be able to get a refund after you cancelled the order not them. Just my opinion but I think you were lucky.

[gar074]

Sorry Mr C, but I agree with joeking27 and pauljack on this one.

You agreed a price, and you had no basis in law for demanding that the dealer reduce the previously agreed price in order to price-match a competitor.

By cancelling your order, in circumstances where the dealer had fully complied up to that point with their part of the bargain, you were technically in breach of contract. They would have been entitled to claim compensation from you for their losses flowing from your breach of contract (eg, their administrative costs in setting up a deal that you backed out of, etc), and if I'd been representing them, I'd have argued that the deposit was not, as you suggest, a "mere token of good faith", but rather a genuine pre-estimate of their losses in the event of default, and therefore forfeit.

[Mr.C]

What's the difference between me ordering something off Amazon which is currently out of stock, but due in at some point in the future, and for which I have paid for it, in advance, to reserve it, and then finding out that the same item is available either sooner, or cheaper elsewhere and I then cancel my original order and get a full refund?

You don't see Amazon keeping your money.

Prices change on a daily basis and I don't have enough time to keep checking them.

The only thing that was lucky was me joining this forum at the right time and getting the tip from another member about his experience and lower price.

[gar074]

What's the difference between me ordering something off Amazon which is currently out of stock, but due in at some point in the future, and for which I have paid for it, in advance, to reserve it, and then finding out that the same item is available either sooner, or cheaper elsewhere and I then cancel my original order and get a full refund?

Simples. When you buy online as a consumer, you have a right to cancel your purchase and get a full refund by virtue of the Consumer Protection (Distance Selling Regulations) 2000. Those rights don't apply when you buy face to face.

[RufusDS3]

Just to add on a comment above.
I got my deposit back wen I picked car up.
A £300 cheque with my hand book .
Happy days.

[mix]

What's the difference between me ordering something off Amazon which is currently out of stock, but due in at some point in the future, and for which I have paid for it, in advance, to reserve it, and then finding out that the same item is available either sooner, or cheaper elsewhere and I then cancel my original order and get a full refund?

You don't see Amazon keeping your money.

The difference being you would have paid the full £10 for the book from Amazon which wouldn't be printed to order.

Whereas you only paid a deposit to Citroen.

+ 1 to you for beating 'the man'.
- 1 for this thread and your attitude.

[Jimbob]

Forget legally - I feel it was wrong morally to back out. I'm with Biggie - we need good dealers and a good deal is always one which suits both sides equally. There may have been good reasons why he couldn't match the price. My modus operandi is as follows:

1. Plenty of research.
2. Make deal.
3 Stop looking.

Jimbob.

[ZACK]

I Suppose The Way The Dealer Looked At It Was That It Was Only £300 And They Couldn't Be Arsed To Go To Court...

Agree With Mixin,

No Need For The Attitude...

[Mr.C]

+ 1 to you for beating 'the man'.
- 1 for this thread and your attitude.

Good point mixin.

Hold my hands up and apologise to one and all for the attitude (bad day at the office - but still no excuse)

To Err is Human and all that.

Merry DSmas to one and all.