Reclaiming a deposit made for a bike?

[Enaver]

Evening,

When I was looking around for getting my bike brand new they didn't have any in stock in any store. I picked a store a then said if I could reserve a bike when it comes in, and he said I would need to make a deposit of which I could afford. I put down a £300 deposit to reserve the bike when it came in which he said would be October.

Since then one of the other stores contacted me saying they had the bike in store and that I could get it if I wanted (2 weeks ago). So me being impatient I just went ahead and bought it thinking I could reclaim my deposit from the other store.

I rang up the other store and they said I can't as they said they ordered the bike FOR me, however I was told it was just to reserve it on the phone. I never signed anything nor did anyone tell me that it would be non-refundable. This is my first big purchase so I am new to it all.

Just wondering where I stand? Do I have to suck it up as I did put down a deposit they don't have to say its non-refundable or do I have a right to get my £300 back?

Cheers
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Honda CBR 500R Black
Yamaha YBR 125 Blue

[unluckyluke]

How did you pay the deposit? If it was cash you can forget ever seeing it again as you have no proof it was paid so no way you could take it to small claims court or anything. If you paid by credit card you could pursue it through court or speak to your card supplier about a section 75 charge back and in this instance I suspect they'll find in your favour. Not sure about debit card, you would have to check with your bank.

[shereen]

[ScaredyCat]

If it's with a credit card do a chargeback.
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Honda CBF125 ➝ NC700X
Honda CBF125 ↳ Speed Triple

[Enaver]

Was over the phone and by credit card
____________________
Honda CBR 500R Black
Yamaha YBR 125 Blue

[unluckyluke]

[Enaver]

Cheers mate, will give my bank a call tonight to try this. If it does go through do I need to worry at all about the Bike Store trying anything?
____________________
Honda CBR 500R Black
Yamaha YBR 125 Blue

[unluckyluke]

[weasley]

Section 75 protects you when something goes wrong, like faulty goods, non-delivery or bankruptcy. It does not protect against "changed my mind", "got impatient" or "oooooh, shiney thing".

You may be covered by the distance selling regulations though, under your right to cancel. Exceptions, it seems, do not include things ordered in for you (although do cover things made or modified to order).
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Yamaha XJ600 | Yamaha YZF600R Thundercat | KTM 990 SMT | BMW F900XR TE

[Rogerborg]

[ScaredyCat]

[Pete.]

[Enaver]

[quote="Rogerborg"]

[Hetzer]

Ordered the bike especially for you. Yeah.

The solution is simple:

"Deposit returned or bye bye windows on a regular basis".

Though you deserve to lose some of it for being such an incredible mug. Thus lessons are learned more effectively.
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"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[Rogerborg]

Loathe as I am to help you, here's what you do. I'm assuming that they didn't bother giving you any paperwork explaining your right to cancel, yes?

So write to them recorded delivery, saying clearly that the contract was made by telephone, and you are exercising your right to cancel it under section 10 of the Distance Selling Regulations 2000.

Assert the following:

They have not provided you with the information required by DSR 2000 Section 8. Therefore your right to cancel is ongoing under DSR 2000 Section 11 (4).

There is no exception to the right to cancel, as the goods are not "made to the consumer’s specifications or clearly personalised". (DSR 2000 Section 13).

The "contract shall be treated as if it had not been made" (DSR 2000 Section 10) and you require a refund within a fixed period, I'd go with 14 days.

After that period, send the exact same letter again, this time heading it NOTICE BEFORE ACTION and tell them that they have 14 days to pay or else you'll start a County Court small claim and add the costs of that to amount owed.

Then do it.

Or spark plugs though the window, it's all good.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Enaver]

Thank you,

Like I said, if I knew it was non-refundable I wouldn't have a problem. Im normally the sort of person to let stuff like this slide as I don't like causing aggro. But since its a large sum of money and wasn't told much, I feel abit like my money has been taken from me as they think im a sap & can easily do it. £300 is a hell of a lot of money for me. Cheers again.
____________________
Honda CBR 500R Black
Yamaha YBR 125 Blue

[Hetzer]

And keep us updated; it's very irritating when people ask for assistance/advice and never return to report the outcome.
____________________
"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[Kickstart]

Hi

If a deposit is refundable then is there any purpose to a deposit at all?

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[Hetzer]

[Kickstart]

Hi

Do you mean that once they have refused a sale to someone else the deposit becomes non refundable?

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[Pete.]

Handing over a deposit shows a firm intent to purchase, rather than a casual enquiry. Even if the purchase doesn't eventually happen, the intent was there as no-one would hand over cash without any intention of buying.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[Kickstart]

Hi

Yes, but if it can be demanded back on a whim then it shows no intent at all.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[Hetzer]

[Pete.]

It does show an intent at the time of making the deposit. Any number of things might happen to stop the sale going through, including the shop not being honest about availability like has happened here. He made the deposit, and has bought the bike so the intent to buy was justified, just that the vendor dipped out by not being able to supply in as good a time as someone else after telling him that he would not be able to buy one anywhere.
____________________
a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[Kickstart]

Hi

In which case pointless to offer one or to ask for one. After all if the bike is not in the shop yet nobody is going to buy it as they could just demand their payment back as just being a deposit.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing