oldjiver Posted April 16, 2009 Share Posted April 16, 2009 Just a little query from a newbie I have left a deposit on my 2004 caravan and signed a sale paper agreeing the price. I pick it up in a couple of weeks. Based on the experience of a friend of mine who bought and paid for some furniture and then had to watch it being taken out of the window for the administrators the day before delivery, where do I stand if the firm goes broke. 1. can I get my deposit back if they are insolvent. 2. Do I owe the administrators the balance??????????? If there is legal advice published on the site can you direct me please? Quote Link to comment Share on other sites More sharing options...
Artleknock Posted April 16, 2009 Share Posted April 16, 2009 Just a little query from a newbieI have left a deposit on my 2004 caravan and signed a sale paper agreeing the price. I pick it up in a couple of weeks. Based on the experience of a friend of mine who bought and paid for some furniture and then had to watch it being taken out of the window for the administrators the day before delivery, where do I stand if the firm goes broke. 1. can I get my deposit back if they are insolvent. 2. Do I owe the administrators the balance??????????? If there is legal advice published on the site can you direct me please? If the dealer goes bust then you join the list of creditors, somewhere near the bottom. Always pay a deposit by credit card, then you have some protection. Quote 'I know' is just 'I Believe' with delusions of grandeur Mitsubishi Outlander 2.4 PHEV 4H Unicorn 4 Cadiz Link to comment Share on other sites More sharing options...
paulthomas Posted April 16, 2009 Share Posted April 16, 2009 If the dealer goes bust then you join the list of creditors, somewhere near the bottom. Always pay a deposit by credit card, then you have some protection. Totally agree with this. Quote Link to comment Share on other sites More sharing options...
inthenightgarden Posted April 16, 2009 Share Posted April 16, 2009 it depends if your name was put on the item (caravan) Quote Link to comment Share on other sites More sharing options...
Stansdad Posted April 16, 2009 Share Posted April 16, 2009 You could always negotiate a cheaper price with the administrators if the company goes bust. ..... Quote Link to comment Share on other sites More sharing options...
Steven Posted April 17, 2009 Share Posted April 17, 2009 it depends if your name was put on the item (caravan) Sale of Goods Act 1979 (amended 1982) states:- 6. Title and Payment 6. 1 The Seller warrants that the Seller has good title to the goods and that pursuant to S12(3) of the Sale of Goods Act 1979 or S2(3) of the Supply of Goods and Services Act 1982, whichever applies to the Order, it will transfer such title as it may have in the goods to the Customer pursuant to Condition 6. 2. 6. 2 Title to the goods comprised in the Order shall not pass until the Customer has paid the full price to the Seller, but, even though title has not passed, the Seller shall be entitled to sue for their price once its payment has become due. In a nutshell, it only becomes your property when you have paid the agreed asking price in full. GPS Quote Link to comment Share on other sites More sharing options...
ian dunning Posted April 17, 2009 Share Posted April 17, 2009 Hi, I agree with paying a deposit of, at least, £100 by credit card and we always do this. Regarding the balance, you can't be expected to pay for goods which you haven't received. After all the administrators would be likely to sell on the 'van so they would be having their cake and eating it if they still expected you to pay the balance. I wouldn't worry too much, I know that's easy enough to say in the present financial climate, as I don't believe many dealers have gone bust though there are some. Just ask yourself what is the likelihood of it happening then get on with life? Regards, Ian. Quote Bailey Unicorn Vigo and a 2017 Ford S Max and a Mercedes SLK AMG Sport 9 speed, my mid life crisis solver. Link to comment Share on other sites More sharing options...
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