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Bike dealers and deposits..

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TheArchitect
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PostPosted: 16:28 - 05 Feb 2015    Post subject: Bike dealers and deposits.. Reply with quote

I recently put a deposit down on a bike and am currently waiting on insurance to pay out before I can pay the balance and pick up the bike.

Spoke to the dealer yesterday and he's saying if I don't pick up the bike by saturday he will put it up for sale again and I will lose my deposit.

When I paid the deposit I made my situation clear to them and they said it should be fine and to keep them updated with regard to the insurance etc, which I have been doing. Granted it's been over 2 months since I paid the deposit but to be fair the situation with the insurance is out of my hands to some extent.

Is the dealer allowed to keep my deposit like this? He's claiming it's to cover the storage of the bike and that the bike is taking up space in his shop, space which could have been occupied by a bike that's for sale. Do I have any grounds to demand my deposit back if it came to that?
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Skudd
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PostPosted: 16:38 - 05 Feb 2015    Post subject: Reply with quote

I would ask what a reasonable time was and how much deposit was put down. Two months is a long time for a bike shop, not for insurance. I wouldn't have rushed out putting deposits on anything until I had money in my hands anyway.

How much is the bike?
How much deposit did you put down?
Average of £5 per day storage 0r £30 per week.
Do the maths.

Sounds like a reasonable shop is feeling that it has been taken advantage of and you are stretching good will a bit far.
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TheArchitect
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PostPosted: 16:53 - 05 Feb 2015    Post subject: Reply with quote

Bike's worth 4.7K and I put down 200.

I see your point and agree somewhat. But, when I put the deposit down I had already had in writing from the TP insurance that they have decided to give me payment without prejudice and the payment will take 14 days to process. A week after that I paid the deposit on the bike safe in the knowledge that the money was coming through.

Shortly after that I was notified that TP driver is denying all knowledge of the incident and so I am where I am with a dragged out case.

Now I have no intention of messing around the dealership. The guy I dealt with is very friendly and has been extremely understanding so far. But I disagree with their reasoning in saying they are losing revenue by storing the bike for me. Sounds a bit far fetched for a main dealer with ample parking and storage facilities. I even offered to increase my deposit by 1k to show that I'm not messing around and I'm committed to buying the bike, it's just that I'm being messed around by TP insurance and can't really control the course of action.

Anyhow, back to the question. Can they rightly keep my deposit even if it is them breaking off the deal and can I demand the deposit back?
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Skudd
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PostPosted: 16:58 - 05 Feb 2015    Post subject: Reply with quote

LondonCommuter wrote:


Anyhow, back to the question. Can they rightly keep my deposit even if it is them breaking off the deal and can I demand the deposit back?


If they had put a time limit on the deposit and you had agreed to return to pay in full within a given time then they can keep the deposit if you haven't stood up to your side.
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TheArchitect
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PostPosted: 17:02 - 05 Feb 2015    Post subject: Reply with quote

Skudd wrote:
LondonCommuter wrote:


Anyhow, back to the question. Can they rightly keep my deposit even if it is them breaking off the deal and can I demand the deposit back?


If they had put a time limit on the deposit and you had agreed to return to pay in full within a given time then they can keep the deposit if you haven't stood up to your side.


I think they said 10 days at the time. I am taking the piss a bit but completely unintentionally so. Just don't fancy losing the deposit, and more importantly I don't want to lose that bike!
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Rogerborg
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PostPosted: 17:39 - 05 Feb 2015    Post subject: Reply with quote

Sorry to be brusque, I know you're the victim here, but look at it from the dealer's point of view.

They've got £4,700 of their money tied up in that bike doing nothing. They're in the business of selling bikes, not storing them, and they've got no reasonable basis for believing that you'll ever be able to pay them for it.

If you agreed to pay within 10 days, they you broke the deal, not them. After that, it's Here Be Dragons. Perhaps they should have moved sooner. At that point they might have given you back the deposit and sold the bike elsewhere, but it sounds rather like you've been telling them to keep it, which (whether you realised it or not) was at their cost.


LondonCommuter wrote:
I think they said 10 days at the time. I am taking the piss a bit

You could have taken the piss to Mongolia and back by now.

Normally I'm all "fight the power, brah", but you fucked up, you trusted an insurer. That's made your problem the dealer's problem.

At this point, I believe that I would say "Fair enough, and thank you for being so patient up to now. If I do get a payout, and the bike is still available, I hope that we can still do business on the basis of ready cash." A tin of Quality Street wouldn't go amiss either, it could save you £200 later.

For now, you might think about sending an invoice for that £200 (plus a tin of Quality Street) to the TP insurance, claiming it as a direct cost of their error.
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DieselASFC
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PostPosted: 17:58 - 05 Feb 2015    Post subject: Reply with quote

Rogerborg wrote:
For now, you might think about sending an invoice for that £200 (plus a tin of Quality Street) to the TP insurance, claiming it as a direct cost of their error.


Sounds like sage advice to me Thumbs Up

You WERE told you'd be getting your payout within the fortnight, and you did need another bike lined up.

Dealer is doing nothing wrong here. You've bone been screwed by the dopey, lying fucker that took you out.

How is the insurance thing coming along btw? I do hope you're phoning the buggers up every day.
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monkeybiker
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PostPosted: 18:11 - 05 Feb 2015    Post subject: Reply with quote

Like has been said, if they set a time limit for the deposit then they are being reasonable.
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TheArchitect
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PostPosted: 18:24 - 05 Feb 2015    Post subject: Reply with quote

The reasonable and gentlemanly side of me completely agrees with the sentiments here. I guess I'm just fed up with the whole insurance issue and basically bitter that my plans have been ruined.

Hey ho, it's only £200, I'm more annoyed about potentially losing the bike because I still think it was a great buy.

Due to speak to the dealership again on Saturday, will see what they say. If nothing else, I'll see if they'll accept a top up on the deposit and £100 on top of final price to cover the storage. They are nice guys so it's only fair it seems.
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TheArchitect
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PostPosted: 18:32 - 05 Feb 2015    Post subject: Reply with quote

DieselASFC wrote:

How is the insurance thing coming along btw? I do hope you're phoning the buggers up every day.


Ringing them daily, but because it's now essentially an internal fraud investigation (driver claiming someone cloned his car or some crap) there is limited information they can give me until the investigation is complete. What I do know is that in 9 days the claim reaches it's 90 day limit for a decision, at which point they need to either pay out or get taken to court. Still got the courtesy bike btw!
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Rogerborg
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PostPosted: 18:38 - 05 Feb 2015    Post subject: Reply with quote

Jaysus, the costs of that rent-a-bike. Shocked

LondonCommuter wrote:
The reasonable and gentlemanly side of me completely agrees with the sentiments here. I guess I'm just fed up with the whole insurance issue and basically bitter that my plans have been ruined.

Oh, they've treated you with cavalier contempt, but...

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iooi
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PostPosted: 19:19 - 05 Feb 2015    Post subject: Reply with quote

A couple of options.....

Get a loan to pay for the bike or finance at the dealer and then pay that back as soon as you get the payout.

Or

Walk away and lose £200.
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waffles
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PostPosted: 19:52 - 05 Feb 2015    Post subject: Reply with quote

LondonCommuter wrote:
Due to speak to the dealership again on Saturday, will see what they say. If nothing else, I'll see if they'll accept a top up on the deposit and £100 on top of final price to cover the storage. They are nice guys so it's only fair it seems.


If you really wanted the bike you would have called them today to sort things out rather than let it slide. Tell them that you still want the bike but are being held up by an insurance payout and see if an additional payment will secure the bike for you for another week or two.

Failing that, do what iooi suggested and get a loan to cover it.
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Commuter_Tim
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PostPosted: 20:28 - 05 Feb 2015    Post subject: Reply with quote

Rogerborg wrote:


This far? ...No further? Thinking
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Supermoto_Fan
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PostPosted: 20:40 - 05 Feb 2015    Post subject: Reply with quote

2 months is quite a long time for a dealer I guess, especially if they have received other interest.

Dealer was more than happy for me to leave a £200 deposit on a 6k bike and make payment in 2 weeks time although that is alot less than 2 months
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McJamweasel
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PostPosted: 21:05 - 05 Feb 2015    Post subject: Reply with quote

Depending on the bike it could well have lost more than that £200 in depreciation over the 2 months that it's been off-sale.

Speak to them tomorrow and make another payment, that will more than likely keep them sweet until you've been paid out. However - make sure that you come to some agreement about how much longer the additional deposit would secure the bike for - and make sure that you sort something out BEFORE that time runs out.
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0l0dom0l0
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PostPosted: 22:49 - 05 Feb 2015    Post subject: Reply with quote

Sorry mate £200 deposit on a 4.7k bike that's been holding it for 2 months? If I was the dealer I'd have put it up for sale after 2 weeks!

Think you're just gunna have to put this one down to experience.
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blueglue
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PostPosted: 09:56 - 06 Feb 2015    Post subject: Reply with quote

I worked at a car dealership for eight months and two months is just too long. At least we could store cars with deposits in a small compound out the back but even that filled up quickly. Bikes on the other hand are taking up space indoors which will be hurting their business.

bear in mind they need to make space for all of the new 15 plate registration bikes that will be turning up for march. People picking new bikes up will be part exchanging their old ones. Its the circle of life.

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Ste
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PostPosted: 10:19 - 06 Feb 2015    Post subject: Reply with quote

LondonCommuter wrote:
Can they rightly keep my deposit even if it is them breaking off the deal and can I demand the deposit back?

They've actually held on to it for 2 months? Shocked They've been impressively patient with you!

I don't think increasing your deposit would be a sensible thing to do. It makes complete sense that they weren't interested in the idea of you increasing your deposit to 1k. You're not committed to buying the bike as you've no idea when you'll be in a position to pay the full balance or even if you will ever be in a position to pay the full balance.

Of course they're losing revenue by storing the bike for you! They're in the business of selling bikes, not storing them. The bike is also worth less than it was 2 months ago.

Stop fucking them around. Your deposit is gone. To make the best of a bad situation, if you can part on friendly terms with them then you might/should be able to get them to knock £200 off the price of one of their bikes when you are in a position to buy.
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J4mes
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PostPosted: 10:23 - 06 Feb 2015    Post subject: Reply with quote

Increasing the deposit makes no odds, your bike is taking up profit space where they could be putting other bikes for sale.

I'm amazed they're not charging you a storage fee.

Get a loan sorted and go and pay them ffs Thumbs Up
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Ste
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PostPosted: 10:53 - 06 Feb 2015    Post subject: Reply with quote

To charge a storage fee would suggest that they store bikes. Razz
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J4mes
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PostPosted: 11:10 - 06 Feb 2015    Post subject: Reply with quote

Ste wrote:
To charge a storage fee would suggest that they store bikes. Razz


Quote:
Is the dealer allowed to keep my deposit like this? He's claiming it's to cover the storage of the bike


So it appears they do.

But £200 for 2 months isn't bad at all, my local bike shop charges £10 a day once the initial agreed storage period is up.

Shocked
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monkeybiker
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PostPosted: 12:09 - 06 Feb 2015    Post subject: Reply with quote

I think really you should just leave the deal and wait until you get the insurance money sorted. There will always be other bikes. Either that or get a bike loan and buy the bike now.
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P.addy
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PostPosted: 12:41 - 06 Feb 2015    Post subject: Reply with quote

Best bet would be to loan it and pay off ASAP with payout.
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Northern Monkey
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PostPosted: 12:45 - 06 Feb 2015    Post subject: Reply with quote

Paddy. wrote:
Best bet would be to loan it and pay off ASAP with payout.


You should be able to find a credit card that'll give you a few months interest free on purchases. Pay off your CC bill with the insurance payout
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