will not refund monies

[flyingpete212]

Hi, put a £300 deposit on vehicle on condition it passed a test in 30 days got receipt to confirm. Week later seller demanding a further £2000 claiming he hard up. I refused as we had a agreement. He threatened he would re-sell it and not refund one penny.
Now 45 days later I asked if he had the test cert so we could complete deal. He has taken another deposit on the vehicle and will not refund my money.

Sent registered letter demanding my money back he just ignores me.

One option is small claims court but could I stop the sale to other person if he drags things out?

Appreciate advice.

[Old_Geezer]

My suspicion is that you could only stop the sale if you are very muscular and carry a large stick. It being a civil action I'm unsure there'd be any other easy way to prevent him doing whatever he wants with his vehicle, but he'll need to cope with the consequences. But maybe someone more knowledgeable wrt the law knows better.

[tonywiltshire]

Pete, a deposit is a sum paid to one party to a contract to the other party as a guarantee that they will carry out the terms of the contract, that party will forfeit the deposit if they do not carry out the terms of that contract even if the deposit is in excess of the other party’s loss.
If the other party refuses to refund your deposit you will have little option but to start civil action but first write a letter before action.

[EDDIE51]

Yes, he has to refund your deposit . But you have no way to stop the sale to the other person.
If you can find who the other person is you could warn him/her as to what a shyster the seller is and advise them to look elsewhere for a car. ( but then the seller may keep that deposit as well)