Refund of deposit
Discussion
no I didn't but when the dealer promises that this is the most sorted car TVR have produced and that is backed-up by personally by Mr Samuelson then you do have to give it some credibility.
It would also have been nice to have been told that the deposit was non-refundable (this is of course the exception within the car industry that I can find), especially when the dealer assured me verbally that it would be possible to cancel after having a test drive.
Whilst I still own and love the cars, my belief in the company has taken a turn for the worse, and I would appreciate any constructive advice anyone has to offer.
It would also have been nice to have been told that the deposit was non-refundable (this is of course the exception within the car industry that I can find), especially when the dealer assured me verbally that it would be possible to cancel after having a test drive.
Whilst I still own and love the cars, my belief in the company has taken a turn for the worse, and I would appreciate any constructive advice anyone has to offer.
Speed12,
No patronising here but surely you were given a receipt when you paid the deposit. I also assume that Terms and Conditions were attached to this receipt. Well, that's where I would start. If it stipulates that deposit can be refunded if one party (the dealer) does not respect the terms of the contract, you are left with 3 options:
1) Prove that the dealership has breached the contract - not obvious with what you have told so far I must say
2) Negociate a full / part refund with your dealer - can be hard if the car has been 'specced'
3) Find someone who would be willing to 'buy' your deposit - again it might be hard if the car is already specced.
Regards
No patronising here but surely you were given a receipt when you paid the deposit. I also assume that Terms and Conditions were attached to this receipt. Well, that's where I would start. If it stipulates that deposit can be refunded if one party (the dealer) does not respect the terms of the contract, you are left with 3 options:
1) Prove that the dealership has breached the contract - not obvious with what you have told so far I must say
2) Negociate a full / part refund with your dealer - can be hard if the car has been 'specced'
3) Find someone who would be willing to 'buy' your deposit - again it might be hard if the car is already specced.
Regards
thanks rthierry
I did of course receive a receipt, but the contact details were only given after I signed and the dealer took the deposit - no opportunity to read, and I didnt ask as I expected the basis to be the same as for any other car manufacturer - i.e. that the deposit only became non-refundable when you specced the car - something which I have not done.
I am attempting to negotiate with the dealership but their problem is that TVR take the deposit from them immediately and will not return it to them.
The contract appears to allow the dealer multiple get outs (including if the model is late!) but there are no obvious ones for the consumer. I have been told by a number of solicitors that this repesents an 'unfair' contract which is not allowed these days, but that would require taking them to small claims - which really has to be the very last resort.
I would very much like to find a pragmatic solution to this which does not require anything so nasty as legal action.
I think your third option sounds a possibility, my order was made at the motor show so I assume I should be near the front of the queue - not sure about the legalities of this option though.
I did of course receive a receipt, but the contact details were only given after I signed and the dealer took the deposit - no opportunity to read, and I didnt ask as I expected the basis to be the same as for any other car manufacturer - i.e. that the deposit only became non-refundable when you specced the car - something which I have not done.
I am attempting to negotiate with the dealership but their problem is that TVR take the deposit from them immediately and will not return it to them.
The contract appears to allow the dealer multiple get outs (including if the model is late!) but there are no obvious ones for the consumer. I have been told by a number of solicitors that this repesents an 'unfair' contract which is not allowed these days, but that would require taking them to small claims - which really has to be the very last resort.
I would very much like to find a pragmatic solution to this which does not require anything so nasty as legal action.
I think your third option sounds a possibility, my order was made at the motor show so I assume I should be near the front of the queue - not sure about the legalities of this option though.
quote:
Speed12,
No patronising here but surely you were given a receipt when you paid the deposit. I also assume that Terms and Conditions were attached to this receipt. Well, that's where I would start. If it stipulates that deposit can be refunded if one party (the dealer) does not respect the terms of the contract, you are left with 3 options:
1) Prove that the dealership has breached the contract - not obvious with what you have told so far I must say
2) Negociate a full / part refund with your dealer - can be hard if the car has been 'specced'
3) Find someone who would be willing to 'buy' your deposit - again it might be hard if the car is already specced.
Regards
The reason why I want to pull out is that the car will be 12 months late and my family circumstances have changed - i.e. we have two kids now and last time I checked the Tamora has only 2 seats.
I am debating whether to keep my existing Chimaera or not on the basis that opportunities to get out on my own are very limited - spending an additional £15-20K just is no longer an option.
As a sideline - if lasts years rumours of a TVR 4 seat convertible had been true then I would have been very pleased!
I am debating whether to keep my existing Chimaera or not on the basis that opportunities to get out on my own are very limited - spending an additional £15-20K just is no longer an option.
As a sideline - if lasts years rumours of a TVR 4 seat convertible had been true then I would have been very pleased!
The receipt/order I received stated May 2001 as delivery, I have not had a revised delivery date recently but the dealer does not even have a demo and as far as I am aware no customer cars have been released - therefore expecting the car before May 2002 would seem unlikely.
It's not the issue of the wife really - she is very into the Chimaera and had a new Zafira this year to keep her quiet!
It is just the opportunities to get out in the car are likely to be very limited for the next few years - all part of being a family.
It's not the issue of the wife really - she is very into the Chimaera and had a new Zafira this year to keep her quiet!
It is just the opportunities to get out in the car are likely to be very limited for the next few years - all part of being a family.
Also to throw my 2 penny worth in, if you have 2 kids now then you must have had 1 then, unless your wife has had twins in the mean time? And given that the car was ordered in October 2000, isn't it a little unreasonable to blame it on the arrival of another child, which I assume you were planning for around October last year (or even perhaps your wife was already pregnant then)...?
The cars will be here sooner than you think. The TVR Centre got the first demo car last week (I'm off to have a look at it tomorrow) and the rest of the dealers will have them in the next couple of weeks.
Customer cars will arrive shortly after that and if you ordered at the motor show then you'll be right at the front of what was originally a small queue so I'd guess that you'd certainly have your car before the end of the year.
I don't wish to sound unsympathetic and I'm not a big fan of non-refundable deposits but it seems a bit rich trying to wriggle out of it if you only read the small print after signing the contract. As you're well aware it's £37,000. You wouldn't spend that on a house without checking your legal position thoroughly.
Customer cars will arrive shortly after that and if you ordered at the motor show then you'll be right at the front of what was originally a small queue so I'd guess that you'd certainly have your car before the end of the year.
I don't wish to sound unsympathetic and I'm not a big fan of non-refundable deposits but it seems a bit rich trying to wriggle out of it if you only read the small print after signing the contract. As you're well aware it's £37,000. You wouldn't spend that on a house without checking your legal position thoroughly.
that is correct, we had two kids then but my intention was to run the car for 2001 and then sell it on and maybe get a 4 seater convertible or something. A 1 year old child does not have the concept of being left behind (so I can at least take the older one for a drive) but a 2 year old does.
It seems that everyone is keen to understand my reasons for not wanting to go through with the purchase of the Tamora, as I have said the car is going to be too late - at the time I asked and asked and asked and was assured that the delivery date (i.e. May 2001) was a pessimistic estimate.
It is not a question of not having the money or not liking the car (mind you I havent driven it yet!) it is plain and simply that the car will be just too late to be of any practical or enjoyable use.
It seems that everyone is keen to understand my reasons for not wanting to go through with the purchase of the Tamora, as I have said the car is going to be too late - at the time I asked and asked and asked and was assured that the delivery date (i.e. May 2001) was a pessimistic estimate.
It is not a question of not having the money or not liking the car (mind you I havent driven it yet!) it is plain and simply that the car will be just too late to be of any practical or enjoyable use.
Hang on a minute, go easy on the bloke! The point is that anyones circumstances can change over a period - particularly if that 'period' keeps being extended. The point is, he was told one date for delivery and that keeps changing. The car isn't specced and doesn't exist on the production line. TVR build to order so he should be able to get his money back without any bother - unless TVR behave in their normal way.
Don't get me wrong, I owned a TVR until very recently and love them - but the factory should give him back the money.
Don't get me wrong, I owned a TVR until very recently and love them - but the factory should give him back the money.
quote:
The cars will be here sooner than you think. The TVR Centre got the first demo car last week (I'm off to have a look at it tomorrow) and the rest of the dealers will have them in the next couple of weeks.
Customer cars will arrive shortly after that and if you ordered at the motor show then you'll be right at the front of what was originally a small queue so I'd guess that you'd certainly have your car before the end of the year.
I don't wish to sound unsympathetic and I'm not a big fan of non-refundable deposits but it seems a bit rich trying to wriggle out of it if you only read the small print after signing the contract. As you're well aware it's £37,000. You wouldn't spend that on a house without checking your legal position thoroughly.
hate to say it but I think I have heard that somewhere before!
A couple of other points - having never bought a new TVR how should I know that the deposit is non-refundable and why should I even question this when assured by the salesman that it is refundable? I think the worst that can be said is that I was naive to believe the dealer but then I have got a witness to this. Looking back I suspect he may not even have known himself - otherwise he would not have been making promises such as those.
This topic does not seem to be going anywhere - I simply asked whether anyone had any advice or experiences on the subject I was not asking for judgements on acceptable justifications for cancelling an order.
I have asked the dealer for a refund and their response was 'if we had the money then there would be no problem'.
The problem is that TVR seem to grab the money from the dealer and keep it so the dealer would be out of pocket.
That said they are talking to TVR and although I will not name the dealer they are to date being co-operative and as helpful as could be expected.
The problem I see is that if I have to resort to legal action then my contract is with the dealer and it is them who would be sued.
Again I will stress that I do not wish to resort to legal action and we are currently discussing constructive (i.e. where both parties can benefit) alternatives.
The reason for the original post was to gather any similar experiences or advice - it was not to dis any dealers or persons.
to petrolted - when will there be a tamora category on the classified section - I may well take thierry's advice and advertise the build slot for sale - but I would stress that I am only looking for my money back not a profit.
P.S. I will certainly think twice before posting on Pistonheads again as what started out as an innocent post asking for advice and similar experiences quickly turned into a witch-hunt by certain posters who will know who they are.
The problem is that TVR seem to grab the money from the dealer and keep it so the dealer would be out of pocket.
That said they are talking to TVR and although I will not name the dealer they are to date being co-operative and as helpful as could be expected.
The problem I see is that if I have to resort to legal action then my contract is with the dealer and it is them who would be sued.
Again I will stress that I do not wish to resort to legal action and we are currently discussing constructive (i.e. where both parties can benefit) alternatives.
The reason for the original post was to gather any similar experiences or advice - it was not to dis any dealers or persons.
to petrolted - when will there be a tamora category on the classified section - I may well take thierry's advice and advertise the build slot for sale - but I would stress that I am only looking for my money back not a profit.
P.S. I will certainly think twice before posting on Pistonheads again as what started out as an innocent post asking for advice and similar experiences quickly turned into a witch-hunt by certain posters who will know who they are.
quote:
to petrolted - when will there be a tamora category on the classified section
I'll add one later
quote:
P.S. I will certainly think twice before posting on Pistonheads again as what started out as an innocent post asking for advice and similar experiences quickly turned into a witch-hunt by certain posters who will know who they are.
Oh chill out... You got the response you did because your original post sounded like you were one of these fickle fly-by-night TVR owners who was dumping the car because it was a few months late. You said "Due to the lateness of the car (i.e. one year)". The car isn't one year late, it's five months late.
Now we all understand your position because we've had a 'lively debate' about it.
Not strictly on the original posters topic ...but here goes anyway ....
I too originally ordered at the Motor Show ...was advised by my dealer only to do so if I was going to stay with the Marque and buy new at some time as the deposit itself was non-refundable but that it could be transferred to an order for an alternative model at any time if I didnt like the Tamora
.....
Edited by Mike B on Tuesday 23 October 21:27
I too originally ordered at the Motor Show ...was advised by my dealer only to do so if I was going to stay with the Marque and buy new at some time as the deposit itself was non-refundable but that it could be transferred to an order for an alternative model at any time if I didnt like the Tamora
.....
Edited by Mike B on Tuesday 23 October 21:27
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