Getting your deposit back…
Getting your deposit back…
Author
Discussion

PinkPanther

Original Poster:

1,010 posts

293 months

Monday 31st January 2005
quotequote all
…Has anyone been successful?

I ordered a T440R at the 2002 Motorshow and was expected to take delivery of the car in March '04 but this obviously never happened.

I subsequently upgraded it to a Typhon as soon as it was announced and in order to get the car 'earlier' (i.e. moving it up the build list) I opted to pay the full 10% deposit.

However with the great degree of uncertainty following the build times of these cars, and the lack of feedback from the factory, I find myself in the unfortunate position of thinking about getting my deposit back. Had I had some positive feedback (or any feedback!) from the factory and some concrete times for delivery I might feel less inclined to get the deposit back.

My TVR dealer has been more than helpful in attempting to find out more from TVR (about build times, not getting the deposit back) but even he is having difficulty. He has mentioned in the past that getting deposits back from TVR is notoriously difficult due to the nature of the company.

However... any advice from those in the know would be much appreciated

PP

>>> Edited by PinkPanther on Monday 31st January 15:45

cuneus

5,963 posts

271 months

Monday 31st January 2005
quotequote all
What have you got in writing (or verbally) regarding the timescales ?

_DeeJay_

5,057 posts

283 months

Monday 31st January 2005
quotequote all
From what I understand, it's a difficult process.
How about asking your dealer to swap your deposit for the next one that arrives for a small fee?

i.e. the next time someone orders a Typhon they could give 90% of it to you and keep 10% as a fee?

Darren.

Big Al.

69,336 posts

287 months

Monday 31st January 2005
quotequote all
TVR will not refund! It states that on the order form.

BUT my dealer when I cancelled my Tuscan S convertible (much for the same reasons your thinking of)

My dealer said that my deposit was transferable!

In fact after having a coffee with him he said he would return the deposit, WHEN he sold my car as he was not going to cancel the order on TVR.

As I'm in no panic for the money I have a choice, buy another car from him or wait for the refund.

Don’t think my dealer will lose out in the long run as my Tuscan had a 2K show discount!

Ed to add

Did you only pay the minimum deposit? not wishing to pry of course.

>> Edited by Big Al. on Monday 31st January 16:22

PinkPanther

Original Poster:

1,010 posts

293 months

Monday 31st January 2005
quotequote all
As I stand I've got a couple of letters from my dealer (basically receipts for the deposit - £7,325 altogether) and the original order form (the yellow copy) which has a predicted March '04 delivery date written on. Other than that I've had no other correspondence or feedback from the factory.

I've asked my dealer in passing about getting the refund back but as yet have not really put the wheels into motion - still toying with the idea at the moment.

Thought it best to see others experiences before I start to do anything.


_DeeJay_ said:

How about asking your dealer to swap your deposit for the next one that arrives for a small fee?



This is an option, however given the status of the Typhon/T440R I can't see many more people putting orders in now - good idea though!

PP

Edited to say: Dealer has also said that I could transfer the deposit to a Sagaris or another new TVR, but if i'm not going to get a Typhon I'd quite fancy an Ultima GTR!

>> Edited by PinkPanther on Monday 31st January 16:45

_DeeJay_

5,057 posts

283 months

Monday 31st January 2005
quotequote all
I'm not getting into this too deeply again, but someone said in a previous discussion that the law is different on prototypes and legally you can get a refund. I'm no legal eagle though, so it could be complete rubbish....

Big Al.

69,336 posts

287 months

Monday 31st January 2005
quotequote all
PinkPanther said:
basically receipts for the deposit - £7,325 altogether


What I don't quite understand is why have you had to pay 10% of the cost price for your deposit when your car had not gone into production?

I paid the basic £1000 + VAT at £175, My deposit paid was £1175.

I was expected to pay an additional sum of approx £4000, but ONLY when the car went into production.

I have heard of one dealer also taking the full deposit up front but he didn’t get the business in the end! It was transferred to other TVR dealer. The car in question was in fact due for immediate delivery.

Tyre Smoke

23,018 posts

290 months

Monday 31st January 2005
quotequote all
I'm no legal boffin on this, but you paid your money in good faith expecting delivery around March '04. Now, April or even May or June last year might have been acceptable, but nearly 12 months later .

There must be some sort of consumer law that covers this and you should perhaps look at getting the deposit back from either the dealer or TVR. For near as dammit £7.5k it's got to be worth a try!

PinkPanther

Original Poster:

1,010 posts

293 months

Monday 31st January 2005
quotequote all
Big Al. said:

PinkPanther said:
basically receipts for the deposit - £7,325 altogether


What I don't quite understand is why have you had to pay 10% of the cost price for your deposit when your car had not gone into production?

I paid the basic £1000 + VAT at £175, My deposit paid was £1175.


I did pay the basic £1175 at the Motorshow. The rest was paid some time later in order to get the car earlier (i.e. to get one of the first 10 build slots)

PP

PinkPanther

Original Poster:

1,010 posts

293 months

Monday 31st January 2005
quotequote all
Tyre Smoke said:

There must be some sort of consumer law that covers this and you should perhaps look at getting the deposit back from either the dealer or TVR.


I would have thought so - don't fancy taking it that far though.

Depends what I decide 2 do, if i decide I want to claim the deposit back (after seeing how others have fared) i'll approach my dealer and see what the situation is. If there's no way of getting the deposit back (save going to a lawyer). I'll just have to bite the bullet and wait another 1,2,3 years

PP

Big Al.

69,336 posts

287 months

Monday 31st January 2005
quotequote all
PinkPanther said:


I did pay the basic £1175 at the Motorshow. The rest was paid some time later in order to get the car earlier (i.e. to get one of the first 10 build slots)

PP



So when you took up this one of the first 10 slots option, what was the expected dely date for the car? Year 04?

So when do you now think TVR will condescend to build you a car???

And if that date is not acceptable to you?

I think the words contract and breach spring to mind.

>> Edited by Big Al. on Monday 31st January 17:15

b17nns

18,506 posts

276 months

Monday 31st January 2005
quotequote all
TVR are in breach of contract.

The contract determined that they would supply you with a vehicle during March 2004.

A reasonable timeframe eitherway could be deemed acceptable as they have stated it as an approximate delivery date.

This however is no longer a reasonable timeframe. Also the company has not communicated with you as to why there has been a delay or to even ask if it is acceptable to you.

TVR's order form (ie contract) states deposits are not refundable but as they are in fact the ones breaching the contract this no longer applies.

Request the return of your deposit (politely at first) and if this is refused inform them that you shall be meeting with your solictor for recovery of same plus costs.

cuneus

5,963 posts

271 months

Monday 31st January 2005
quotequote all
If you still want the car:

Dear Sir/Madam


REF: TVR

On {date}, I ordered the above car from your factory, and was quoted a delivery date of . I paid a substantial deposit in advance. However, despite numerous calls and promises of delivery, I have not yet received the car.


Under the Sale of Goods Act 1979 (as amended) I am entitled to expect goods to be delivered within a reasonable time. As it is now from the initial order, I feel I have been kept waiting for an unreasonable length of time. I now wish to make time of the essence of the contract. If you do not deliver the car within ten days of the date of this letter, I will consider you to be in breach of contract. The contract will then be terminated and I will require a full and immediate refund.


Yours faithfully, etc.

Pies

13,116 posts

285 months

Monday 31st January 2005
quotequote all
Didn't NS say anybody who paid 10% deposit would get a TVR courtesy car to use if there car was not ready on time?

The Pits

4,290 posts

269 months

Monday 31st January 2005
quotequote all
Yes. He's good to his word about that. I've been driving around in mine (a tamora) since Christmas.

jem

548 posts

269 months

Monday 31st January 2005
quotequote all
breach of contract -

either;

1 take legal advice as already mentioned and pull
out.

2 drive the tamora into the ground, and enjoy not
rushing


J

sportie

561 posts

280 months

Monday 31st January 2005
quotequote all
You can get your deposit back, you need to read "TVR standard terms and conditions of sale"

Section 19. New Models/Prototypes

19.1.1 The Dealer may cancel the order at anytime without liabillity

19.1.3 On cancellation under condition 19.1.1 any deposit paid will be returned.

All you need to do is read the small print

PinkPanther

Original Poster:

1,010 posts

293 months

Monday 31st January 2005
quotequote all
sportie said:
You can get your deposit back, you need to read "TVR standard terms and conditions of sale"

Section 19. New Models/Prototypes

19.1.1 The Dealer may cancel the order at anytime without liabillity

19.1.3 On cancellation under condition 19.1.1 any deposit paid will be returned.

All you need to do is read the small print


Mmm... Interesting

Thanks for that sportie!

gingerprince

571 posts

270 months

Tuesday 1st February 2005
quotequote all
cuneus said:
If you do not deliver the car within ten days of the date of this letter, I will consider you to be in breach of contract.


Just imagining a spanking new Typhon turning up built in ten days with sticky-back plastic

No change there then

venom

1,864 posts

288 months

Wednesday 2nd February 2005
quotequote all
In all seriousness I would have thought the danger is getting the car delivered in line with the projected timescale but long before it has had a lot of gremlins worked out of the system.

Granted a year is a bit steep, but I'd have thought it an occupation risk associated with purchasing a brand new model from a company like TVR to experience timescale overrun?

I'm personally not wealthy or brave enough to put my money where my mouth is on this subject, and I applaud you for doing so - TVR relies on people like you to keep going, but wouldn't overrun have been a consideration at the outset? After all, it's not a first (or last) for a low volume manufacturer to overrun on new projects.