New car refund - unacceptable delay
Discussion
I'm currently helping an elderly (70+) neighbour who is having trouble with a new car purchase and would appreciate some advice on next steps. I won't name anything here.
Neighbour (who is of sound mind and judgement - confirmed by medics) broke an ankle around the festive period last year. Due to some complications with it not healing as planned, she decided to p/x her small run-around for a brand new one(same car and model) - but with an auto box. Full balance paid up front (8k+).
The deal was done in early March. Since then there has been delay after delay, with the dealer providing her with all manner of excuses. Long story short, she's asked for my help and on Thursday last week I was able to progress to the following state of play:
Aside from the fact he completely failed to try and resolve the issue, the dealer behaviour has been dreadful from Day 1.
Neighbour has now lost all faith and it has soured the prospect of getting a new car - just wants the money back. I'm in the process of documenting everything with dates / times / names but would appreciate some advice from anyone who has been in a similar situation.
Next step is a letter to head office I think (unless anyone can tell me of a better avenue to explore).
Cheers
Neighbour (who is of sound mind and judgement - confirmed by medics) broke an ankle around the festive period last year. Due to some complications with it not healing as planned, she decided to p/x her small run-around for a brand new one(same car and model) - but with an auto box. Full balance paid up front (8k+).
The deal was done in early March. Since then there has been delay after delay, with the dealer providing her with all manner of excuses. Long story short, she's asked for my help and on Thursday last week I was able to progress to the following state of play:
- dealer to call neighbour on Friday to collect old car in px and arrange pick up date for new car.
- Saturday I called and spoke to sales manager who finally confirmed that the production of these cars had been halted due to an issue found, and that estimated delivery date was now late July / early August (confirmed by head office). He confirmed he'd tried to source a car from a dealer network but had been unable to, but agreed to call today at 10am so that she could have a day or so to think about how to proceed.
Aside from the fact he completely failed to try and resolve the issue, the dealer behaviour has been dreadful from Day 1.
Neighbour has now lost all faith and it has soured the prospect of getting a new car - just wants the money back. I'm in the process of documenting everything with dates / times / names but would appreciate some advice from anyone who has been in a similar situation.
Next step is a letter to head office I think (unless anyone can tell me of a better avenue to explore).
Cheers
Absolutely shocking behaviour.
Use this to find email address of preferable head of dealer group if large, and in any case UK Distributor - or even CEO of the whole lot.
A very direct email emphasising the taking advantage of a helpless old lady and the shamefaced cheek of their dealership. A post on their Facebook and twitter page for both dealer and manufacturer to the same effect
That's outrageous and they deserved to be leant on and named and shamed.
Use this to find email address of preferable head of dealer group if large, and in any case UK Distributor - or even CEO of the whole lot.
A very direct email emphasising the taking advantage of a helpless old lady and the shamefaced cheek of their dealership. A post on their Facebook and twitter page for both dealer and manufacturer to the same effect
That's outrageous and they deserved to be leant on and named and shamed.
Notshortnottall said:
I won't name anything here.
spoke to sales manager who finally confirmed that the production of these cars had been halted due to an issue found
I know you said you wouldn't name anything, but it might be worth identifying the car - somebody may be able to confirm or deny that claim, and - if it's true - maybe shed light on how long it's been going on and when it's going to start delivery again.spoke to sales manager who finally confirmed that the production of these cars had been halted due to an issue found
TooMany2cvs said:
Notshortnottall said:
I won't name anything here.
spoke to sales manager who finally confirmed that the production of these cars had been halted due to an issue found
I know you said you wouldn't name anything, but it might be worth identifying the car - somebody may be able to confirm or deny that claim, and - if it's true - maybe shed light on how long it's been going on and when it's going to start delivery again.spoke to sales manager who finally confirmed that the production of these cars had been halted due to an issue found
It may be that one of the dealers on here might be able to help.
Notshortnottall said:
JustinP1 said:
What does the contract say with regards to cancellation, breach and damages?
Unsure at present - I'm waiting on the docs being dropped in to me. All I've seen so far are two "tear-offs" from a sales receipt book.Once I have further documentation I'll confirm.
Second Rule of Contract Club - What does the contract say?
Either way, you can breach it just by giving notice. The dealer is duty bound to mitigate his losses. There is nothing he can do to physically make you buy the car. He has to sell it to someone else.
JustinP1 said:
First Rule of Contract Club - What does the contract say?
Second Rule of Contract Club - What does the contract say?
Either way, you can breach it just by giving notice. The dealer is duty bound to mitigate his losses. There is nothing he can do to physically make you buy the car. He has to sell it to someone else.
Ok so I now have the contract. Delivery date is written as 29/03/2014 and nowhere does it state anything different. There is no window for delivery stated.Second Rule of Contract Club - What does the contract say?
Either way, you can breach it just by giving notice. The dealer is duty bound to mitigate his losses. There is nothing he can do to physically make you buy the car. He has to sell it to someone else.
They've also charged £450 for delivery - from 5 miles away!!!
Notshortnottall said:
Ok so I now have the contract. Delivery date is written as 29/03/2014 and nowhere does it state anything different. There is no window for delivery stated.
They've also charged £450 for delivery - from 5 miles away!!!
Ha ha delivery is from the factory not from there show room to you, I have no other advice to offer but it sounds a bit wrong.They've also charged £450 for delivery - from 5 miles away!!!
Carl
C. Grimsley said:
Ha ha delivery is from the factory not from there show room to you, I have no other advice to offer but it sounds a bit wrong.
Carl
Furry muff - I've never bought new! Still seems a bit strange that you have to pay extra for them to supply the car to you though. It would only go to their showroom otherwise - which isn't far away.Carl
Notshortnottall said:
JustinP1 said:
First Rule of Contract Club - What does the contract say?
Second Rule of Contract Club - What does the contract say?
Either way, you can breach it just by giving notice. The dealer is duty bound to mitigate his losses. There is nothing he can do to physically make you buy the car. He has to sell it to someone else.
Ok so I now have the contract. Delivery date is written as 29/03/2014 and nowhere does it state anything different. There is no window for delivery stated.Second Rule of Contract Club - What does the contract say?
Either way, you can breach it just by giving notice. The dealer is duty bound to mitigate his losses. There is nothing he can do to physically make you buy the car. He has to sell it to someone else.
They've also charged £450 for delivery - from 5 miles away!!!
However, unless specifically stated, time is not usually 'of the essence' of contracts unless specifically stated.
They might be a bit s
t and not know that though.Bottom line is you can shout and scream and they will put their fingers in their ears and go 'na na na'. Pay a solicitor £150 to write a short letter, and they'll probably run a mile.
Edited by JustinP1 on Monday 9th June 23:39
Not sure what neck of the woods you are in, but the weather forecast this weekend is generally good so many car showrooms are likely to be busy. Can't see them wanting a row kicking off in front of potential punters.
Or take a leaf out of the book of the Landy owner who parked up in front of the dealer with his duff car stickered up with a list of all the faults. Something along the lines of "we rip off the elderly".
Or just go in and tt him..
Or take a leaf out of the book of the Landy owner who parked up in front of the dealer with his duff car stickered up with a list of all the faults. Something along the lines of "we rip off the elderly".
Or just go in and t
t him..Time is not of the essence unless stated to be,so, but the buyer can send a letter stating that time is now of the essence and demanding delivery by a set (reasonable) date, failing which the seller will be taken to have repudiated the contract. I agree that a crisp letter from a law firm may obtain a quicker result than a letter from Mrs Old Lady or Mr Friendly Neighbour.
Please note that the above is not a submission for appointment to the Vinerian Chair of English Law.
Please note that the above is not a submission for appointment to the Vinerian Chair of English Law.
Edited by anonymous-user on Tuesday 10th June 07:49
Do the homework yourself, find her a nearly new car of correct spec and tell dealer this is the car you want.
If the new car isn't available just accept that, obviously the dealer is being a bit of a cad not being open but he has the money to lose now, he wont want to open that option up.
She'll have a nearly new car, save £1500 and be in a car next week. If you cant find one call the importer and ask the to source you one.
If the new car isn't available just accept that, obviously the dealer is being a bit of a cad not being open but he has the money to lose now, he wont want to open that option up.
She'll have a nearly new car, save £1500 and be in a car next week. If you cant find one call the importer and ask the to source you one.
I've had 3 instances of bad service by companies, after several unsuccessful calls to their customer services departments I took to twitter and within 30 mins all companies had recontacted me and resolved the issue plus thrown in extras etc provided that I either remove my posts or add that the issue had been resolved and how fantastic they now are.
When in comes to social media I'm a dinosaur however it appears the larger companies hate bad press over this type of media and have departments just monitoring such sites......get tweeting its got to be worth a shot
When in comes to social media I'm a dinosaur however it appears the larger companies hate bad press over this type of media and have departments just monitoring such sites......get tweeting its got to be worth a shot
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