can't get deposit back, need advice

[Muri777]

hey guys, not sure where to post this.

ordered a scirocco R with denlo VW in parramatta, all over the phone as the dealership is a 2 hour drive from me, i didn't sign a contract but they asked or a deposit to show "commitment" so i gave them one.

finance didn't get approved so when i asked for my deposit back they refused.

anyone have any ideas?

i didn't sign any contract with VW or denlo i told them i would sign when the car was ready to be picked up (which never happened)

any tips for me getting my 1000 deposit back??

thanks.

[FJ Steve]

did they give you a receipt?

Off to Dept of Consumer Affairs methinks.

[Muri777]

no receipt, I'm going to call my credit card company and ask them to reverse the payment as its only been 6 days since i put the deposit down

[Mk3 AAA]

In future be sure to get this sort of transaction in writing. Contracting for sale of a car can be oral so you really want to get terms (I.e. the agreement to purchase is x is subject to finance approval, in y circumstances the deposit will be 100% refundable....) down on paper before handing over any money. Sorry I know that's too late but people can really get themselves into sticky spots with sloppy arrangements (happened to us all in some capacity im sure). Did you agree that the deposit was refundable?

[Muri777]

In future be sure to get this sort of transaction in writing. Contracting for sale of a car can be oral so you really want to get terms (I.e. the agreement to purchase is x is subject to finance approval, in y circumstances the deposit will be 100% refundable....) down on paper before handing over any money. Sorry I know that's too late but people can really get themselves into sticky spots with sloppy arrangements (happened to us all in some capacity im sure). Did you agree that the deposit was refundable?

yes, they assured me that if the finance doesn't approve i would get a refund.

but once finance didn't approve they said they want me to try their own finance (which i don't want to do) and they won't refund it because of that.

kinda silly, I've read NSW fair trading laws and since i haven't signed it they have no legal obligation not to give it back.

[richycreations]

yes, they assured me that if the finance doesn't approve i would get a refund.

but once finance didn't approve they said they want me to try their own finance (which i don't want to do) and they won't refund it because of that.

kinda silly, I've read NSW fair trading laws and since i haven't signed it they have no legal obligation not to give it back.

What's wrong with going through vw finance, by memory they run through st George and interest rates are not too bad either.

But on the other hand if you didint want to do that it's pretty miss poor that after finance wasn't approved that the deposit wasn't refundable.

[Martin]

This is absurb - never pay money with out a written agreement
You're in a "he said, she said" situation - you'll have to play that hard
Companies can't take money from people and not provide said product/service - that's fraud

Contact the Boston Group in Melbourne
For something like $36 they will send a letter of demand for you
I've used this approach on several occasions,
it's a cheap way to show the vendor you mean business

[Dan86]

That sucks mate,

Again, its a shame you live so far away, normally when this type of thing happens I would go in when the dealership is at its busiest and go off my head and cause a scene, places tend to reverse decisions pretty quick when customers start leaving because someone is acting like a raving lunatic in their store.

[OEM G60]

Could you, apply through their finance, make sure you don't get approved, then get it back? You really shouldn't have to i know, but you may as well waste some of there time and money if that's how they want to play it.

I didn't have trouble getting $1000 deposit back from Toyota, finance got approved but i decided against a brand new one...

[maclean_cherry]

Give VW finance a go.. I just bought my R36 privately but used BMW finance and they were far cheaper than any bank or deal I could get through a broker..

MC

[Umai Naa!!]

What's wrong with going through vw finance, by memory they run through st George and interest rates are not too bad either.

But on the other hand if you didint want to do that it's pretty miss poor that after finance wasn't approved that the deposit wasn't refundable.

Not all dealerships have the franchise's finance division as their default lender.

In hindsight, you shouldn't have handed over a single cent until the finance was approved, and your sale contract was drawn up and signed.

The 'commitment' deposit is the biggest sham known in the industry. It's a trap to get you to hand over extra money for the sake of handing over extra money. You don't have to pay it.

[Muri777]

Makes no sense.

I don't want to go through Vw finance at this point in time as my financial position has changed after my finance was declined so I don't want to go through that.

Once again to reiterate, I didn't sign any contract with VW

[FJ Steve]

Send me $1000.00

I am sure that I could arrange a super cheap discounted price for whatever VW you are trying to buy.

Now, if that doesn't interest you, I have a friend in nigeria who needs to off-load some serious $$$s. All he needs is some 'minor' personal details and you can gain huge amounts of money from assisting him. Care to help?

What I am trying to say is....do you regularly send off $1000.00 to people/companies etc without any papertrail to support/protect you?

[Blitzen]

can't get deposit back, need advice

I had the same thing happen with Penrith Holden. I went to consumer affairs and got the deposit back inside a week.

[Mk3 AAA]

Companies can't take money from people and not provide said product/service - that's fraud

You only need to give valuable consideration. I.e. reserving a car etc.

I think retailers fear a bad reputation, like us all I guess, why not drop (and I know this is a bit of a w*nk but $1000 is worth some effort surely) that you're a member of an Australia wide VW forum, and thus far you have been supportive of them on here but you're going to struggle in the future to recommend them to anyone, family, friends or online, and being a VW fan your constantly selling the brand to people close to you. (If they're not picking up on the subtle 'I'm going to name drop and flame you on a site a bunch of your customers are on'...then make it less subtle)

OR... go with Dan and chuck a proper, no holes barred, haven't seen one like it since the war tanty.

Just some thoughts, if they have any decency they'll pay up. Good luck, tell us how you go.