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Original poster

Absolutely mind blown by this

41 replies

letsstaylight · 08/12/2023 23:16

Not sure what to think - just baffled

2 months ago we went to purchase a car from our local VW dealer (6 months old, value about £40k if that's important). Had a car to trade in. They had one in their network which we agreed on, we left a £500 deposit via credit card and did finance paperwork, were promised we'd have the car within a week.

2 weeks pass and no car despite following up on the phone. Finally got a call back from car sales guy, apparently he'd written our phone number down wrong despite the messages (and emails) and the car had been sold. Annoying, but these things happen. He promises to find us an equivalent.

No car is forthcoming and frustrated with their lack of action on customers who are ready to buy we decide to look elsewhere (their loss). Choose a different car brand.

Go to get our deposit back (via phone as we live a little while away from the dealership).

Weirdly they say they can't refund the deposit back to the credit card so ask for bank details to send £500 to (first red flag). We email them these.

Deposit arrives and it's to a totally different account than the one we emailed to them.

Turns out they have refunded to our joint account which was given on the finance application form vs the account which was emailed to them (my husbands account, it was his credit card).

Obviously we have lost nothing here aside from a load of time due to their incompetence and bad customer service - the money was returned - but the act of refunding cash to a bank account after the initial payment was credit card, alongside accessing bank account details specific to the finance agreement feels so wildly wrong.

Not pushing for nor expect to get anything from VW for this but would love any thoughts/advice as to where they've misstepped, I think it's fair to email to be pretty annoyed about it. GDPR? Consumer rights?

OP posts:
Mydogisscratching · 08/12/2023 23:45

Absolutely mind blown about what op?

Someone looked for your bank details, found some in the paperwork, then sent you the money they owe you to one of your accounts.

Am I missing something? Why does this matter?

Mydogisscratching · 08/12/2023 23:46

Why do you want to get them into trouble?

Original poster
letsstaylight · 08/12/2023 23:48

My objective isn't to get anyone in trouble but a) why are they refunding a credit payment as cash, and b) how can they access bank details that were given to a separate financial business

OP posts:
Janedoe82 · 08/12/2023 23:49

Couldn’t get worked up about this.

ChristmasPuddy · 08/12/2023 23:54

Wait, what? I don’t see what is so mind blowing about this! You did give them the joint bank details.

Why not just let them know and ask how it happened?

Original poster
letsstaylight · 09/12/2023 00:08

I work in a field with very strict data protocols. If this happened in my company someone's job would be on the line

OP posts:
Mydogisscratching · 09/12/2023 00:09

letsstaylight · 09/12/2023 00:08

I work in a field with very strict data protocols. If this happened in my company someone's job would be on the line

Oh well, seeing as you don't want to get anyone into trouble, never mind? It's not at your company and someone's job isn't on the line.

WrongSwanson · 09/12/2023 00:11

I can't see a GDPR issue, but it does sound like they didn't follow financial procedures properly

(And I am surprised anyone would take - or provide - payment details by email tbh)

Original poster
letsstaylight · 09/12/2023 00:14

@Mydogisscratching it's unlawful per gdpr but sure! No big deal

OP posts:
Original poster
letsstaylight · 09/12/2023 00:15

WrongSwanson · 09/12/2023 00:11

I can't see a GDPR issue, but it does sound like they didn't follow financial procedures properly

(And I am surprised anyone would take - or provide - payment details by email tbh)

The dealership and financial services company are two completely separate entities and data should not be shared between the two.

OP posts:
Mydogisscratching · 09/12/2023 00:20

What is it you think they've done wrong? Which part of gdpr specifically?
Which They probably have a data sharing agreement. Did you read the 50 pages of ts&C's that said they'll be sharing data with each other?

The financial company and the dealership need to be able to communicate that you've paid the deposit, the deposit has been received, you've requested the deposit back etc etc.

MrsHarrisAParis · 09/12/2023 00:20

Did you not sign the financial form in the dealership? The data is passed from one company (the dealership) to the other (the finance company) so it isn't a GDPR breach in the way you're implying.
It could be argued it wasn't provided for that purpose but they could equally argue it was provided in relation to paying for that vehicle hence that also fits for refunds of payments to the vehicle.

WrongSwanson · 09/12/2023 00:23

Mydogisscratching · 09/12/2023 00:20

What is it you think they've done wrong? Which part of gdpr specifically?
Which They probably have a data sharing agreement. Did you read the 50 pages of ts&C's that said they'll be sharing data with each other?

The financial company and the dealership need to be able to communicate that you've paid the deposit, the deposit has been received, you've requested the deposit back etc etc.

Exactly.

Op you are being very dramatic.

Aaron95 · 09/12/2023 00:27

letsstaylight · 09/12/2023 00:14

@Mydogisscratching it's unlawful per gdpr but sure! No big deal

No it's not. The finance company and the dealership have to share your bank details and personal information otherwise they couldn't take payments.

They will almost certainly have your permission to do so. Unless they are totally incompetent you will have signed a form somewhere along the way which says you understand they will do exactly that. It may be in very small print in the T&C's but it will be in there somewhere.

Aaron95 · 09/12/2023 00:28

letsstaylight · 09/12/2023 00:15

The dealership and financial services company are two completely separate entities and data should not be shared between the two.

Show quote history

How is the finance company supposed to take payments if the dealership doesn't pass on your details?

CherryBlossom321 · 09/12/2023 00:29

Really poor customer service. You had an agreement with them to buy a specific vehicle, and they sold it to someone else, is this right? In which case I’d be leaving honest reviews on every possible review website regarding how they do business.

TomeTome · 09/12/2023 00:32

There must be some oversight. It sounds really sloppy to me. I’d ask my bank for advice on where/if to report.

nozbottheblue · 09/12/2023 00:58

I think you'll find that it isn't possible to make a repayment of the refund to a credit card account, so they needed your bank account details - this is not a red flag and has happened to me in M&S and other places.
I think as long as you got your deposit back there is nothing to worry about at all.

TheStarofCountyDown · 09/12/2023 09:08

letsstaylight · 08/12/2023 23:48

My objective isn't to get anyone in trouble but a) why are they refunding a credit payment as cash, and b) how can they access bank details that were given to a separate financial business

It probably falls foul of anti-money laundering legislation. The idea that a customer can arrive with a load of cash and "convert" it into credit at bank sounds a bit dodgy

WrongSwanson · 09/12/2023 10:39

TheStarofCountyDown · 09/12/2023 09:08

It probably falls foul of anti-money laundering legislation. The idea that a customer can arrive with a load of cash and "convert" it into credit at bank sounds a bit dodgy

Show quote history

Yes I agree,.it's a financial procedures issue definitely, but not really a GDPR one

User13579367337 · 09/12/2023 10:43

Not a GDPR issue. I’m assuming your job isn’t working as a car dealer so that’s not very relevant. Describing this as ‘mind blowing’ is hyperbolic at best

Topseyt123 · 09/12/2023 10:48

The only issue I can see is that they were sloppy and chaotic, which is obviously frustrating for you.

I see nothing else wrong though. No GDPR breach at all. You got your money back and can easily transfer it in seconds to DH for his credit card.

Just shop elsewhere. No need for a huge song and dance. Calling it mind blowing is very over dramatic. What exactly has blown your mind?

Mxflamingnoravera · 09/12/2023 11:54

It could strictly speaking be seen as money laundering on your part. Money should always be refunded to the source from where it came. But you've got it back, and I doubt you'll have the fraud squad on your doorstep

Pigsinpainauchocolat · 09/12/2023 12:21

Mind blowing? Really? Confused Dealership shared details with finance company. Wow stop the world, it's a shocker!

Hitchens · 10/12/2023 08:19

I personally wouldn't pay any size able deposit for a car I've not actually seen or test driven. I certainly wouldn't apply for car finance without knowing I'm 100% getting that car.

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