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woodcutter



Member Since: 04 Apr 2010
Location: Lake District
Posts: 23

United Kingdom 
LLOYDS LAND ROVER CARLISLE

Be aware these guys are trying to withold my deposit, upon finding the finance offer unacceptable, they are refusing to pay back a £500 deposit, contravening section 57 of the consumer credit act, they are aware of this but have ignored my request to talk to the dealer principle.
In my opinion this is theft, and i shall be persuing them to the fullest extent of the Law, tommorow i contact the local press, and shall start legal proceedings agains them.
How can these people sleep at nights?
This is my first LR experience and im not impressed.

Post #265277 Thu May 06 2010 5:25pm
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Texstar



Member Since: 27 Aug 2006
Location: W.London
Posts: 208

United Kingdom 

In the world of 'Premium Brand' dealerships (and I say that tongue in cheek where LR are concerned Whistle ) I have to say that LR do seem to have more than their fair share of shady character DP's. Usually S****stones ones though from my experience. Good Luck though, can't see that they have a leg to stand on TBH. Thumbs Up RRS TDV8 Buck Blue (no, not now in my dreams). ..........D3 TDclankety clankV6 ............BMW 318i

Post #265285 Thu May 06 2010 6:12pm
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woodcutter



Member Since: 04 Apr 2010
Location: Lake District
Posts: 23

United Kingdom 
stealers

They dont have a leg to stand on, its just a shame they even tried this on, Lets face it not many peolple can afford to loose £500 for nothing I wonder how many other customers let these so and so's get away with this.
Ill never do business with these t**ts again and im thinking of exposing them to the media even if they pay me back.

Post #265286 Thu May 06 2010 6:22pm
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NJF



Member Since: 05 Dec 2009
Location: Normally on DISCO3.CO.UK
Posts: 95

Luxembourg 2010 Range Rover Sport TDV8 HSE Stornoway Grey

Better to leave the press out of it and start proceedings in the small claims court? Every silver lining has a cloud

2007 D3 HSE with winch, RAI, sliders, roof rack, ladder, yellow top, Engel etc for the school run
2010 RRS TDV8 HSE for work

Post #265294 Thu May 06 2010 7:51pm
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woodcutter



Member Since: 04 Apr 2010
Location: Lake District
Posts: 23

United Kingdom 
Stealers

NJF wrote:
Better to leave the press out of it and start proceedings in the small claims court?

Im just so angry with there treatment, Ill calm down a bit in the morn(perhaps)

Post #265313 Thu May 06 2010 8:38pm
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NightFox



Member Since: 02 Mar 2010
Location: North Shropshire
Posts: 381

United Kingdom 

Just be careful you don't weaken your case by making any false assumptions - it depends on how and why the deposit was taken, but usually with car financing the deposit actually has nothing to do with the finance agreement; you pay the deposit to the dealer and then it's up to you how you pay the remainder, even if it's finance offered by the dealer.

In other words, the deposit forms part of the contract with the dealer, and in the case of a vehicle being built to your own specification, this could be seen to be non-refundable in law. Legally, the fact that you're unable to finance the remaining balance is not the dealer's fault - they could even argue that you are in breach of contract.

HOWEVER, I'm not saying that to wind you up, it's just if you are going to fight this you need to make sure you understand everything and what your legal position really is, not just what you interpret it as being.

Though putting all the legal issues aside, it's a low trick for the dealer to pull - even if you don't buy the car they know damn well that they'll still be able to sell it easily at book price and won't be making a loss or even just re-use the build slot if it's not too late. Alfa Romeo Giulietta 1.8::MG Montego Turbo::MGB GT::Rover Sterling::MGF::MG ZT 190+
Discovery Series II Td5 GS::Discovery 3 TDV6 S::Freelander 2 TD4 XS::Freelander 2 TD4 SE
Zermatt Silver Range Rover Sport TDV6 3.0

Post #265315 Thu May 06 2010 10:13pm
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woodcutter



Member Since: 04 Apr 2010
Location: Lake District
Posts: 23

United Kingdom 
Theft

Its a second hand vehicle, they will be able to sell it no problem, the only hardship they have had is to remove it from the forecourt!!
Plus its within the 7 day cooling off period, we all have the right to a change of mind. according to Trading standards if the vehicle was to be purchaced using finance and the dealer is aware of this, even if the finance is not thru the dealer then the sale is linked to the finance so if acceptable finance is not found the sale is void.
And as you have said this is a very low trick to pull.

Post #265328 Fri May 07 2010 6:26am
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Jonny Fresh



Member Since: 04 Feb 2008
Location: Manchester
Posts: 3586

England 

Unfortunately I agree with NightFox.......I would expect to lose a deposit in this situation, it is not their fault you do not like their finance offer. Why don't you source finance elsewhere and still buy the vehicle?

Post #265333 Fri May 07 2010 8:24am
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NightFox



Member Since: 02 Mar 2010
Location: North Shropshire
Posts: 381

United Kingdom 

When you're talking about deposits and cooling-off periods, AFAIK the Consumer Credit Act deals only with deposits made as part of a credit agreement if you cancel that agreement within the cooling off period. Obviously I don't know the details of your arrangement with Lloyds, but here's a simple example on a £20,000 car

Buyer and seller agree to sell car. Here the contract is made. Buyer pays seller £500 deposit as part of this contract and agrees to pay remaining £19,500 at a later date when the car is handed over. The contract will probably include a "right to cancel" that would usually stipulate that the deposit paid will be forfeit.

Buyer now has to finance the £19,500. The dealer is able to offer finance based on an initial payment of £10,000 (the finance deposit) + 36 payments of £whatever. This agreement is nothing to do with the contract to buy the car, even if it is financed against the vehicle.

After 3 days (within cooling off period), buyer decides he doesn't want the finance any more. Credit agreement is therefore cancelled and his £10,000 finance deposit is refunded. This is what the CCA refers to.

However, buyer and seller still have a contract for the sale of the car.

Though as I say, I don't know the details of what your contract was with Lloyds, I just offer the above as an example of how these things normally work. A major point in your case will be whether the initial contract was formally made on the condition that you could get satisfactory finance for the vehicle. Bottom line is get some professional legal advice (CAB, Trading Standards etc) about your position before you plan your strike.

One key thing to consider though, what did you think was the purpose of the £500 deposit that the dealer asked you for? Alfa Romeo Giulietta 1.8::MG Montego Turbo::MGB GT::Rover Sterling::MGF::MG ZT 190+
Discovery Series II Td5 GS::Discovery 3 TDV6 S::Freelander 2 TD4 XS::Freelander 2 TD4 SE
Zermatt Silver Range Rover Sport TDV6 3.0

Post #265335 Fri May 07 2010 8:40am
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woodcutter



Member Since: 04 Apr 2010
Location: Lake District
Posts: 23

United Kingdom 
Cash returned

Got my money back and dodged a bullet i think, will never buy from this stealer again, they prob arnt that bothered but i wouldnt buy or use a company that treats people so poorly, I understand there are more than one ways of looking at the issues i had, but common sense would be the first id use.
Guess ill look elsewhere for my car!!

Post #265667 Mon May 10 2010 9:16pm
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NightFox



Member Since: 02 Mar 2010
Location: North Shropshire
Posts: 381

United Kingdom 

Did you have to take any action in the end or did they finally just do the decent thing? Alfa Romeo Giulietta 1.8::MG Montego Turbo::MGB GT::Rover Sterling::MGF::MG ZT 190+
Discovery Series II Td5 GS::Discovery 3 TDV6 S::Freelander 2 TD4 XS::Freelander 2 TD4 SE
Zermatt Silver Range Rover Sport TDV6 3.0

Post #265676 Mon May 10 2010 9:58pm
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woodcutter



Member Since: 04 Apr 2010
Location: Lake District
Posts: 23

United Kingdom 
stealers

Dealer principle agreed to give me the money back, no further action neccessary.

Post #265696 Tue May 11 2010 8:20am
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