Need your advice on cancelling a new car ?
Discussion
Hi guys..
Where do I start ?? Ok, here goes..
My mum placed an order for the new 1.6 Diesel Monte Carlo Skoda Fabia 5th May 2011, she was told it would be ready last week June/1st week July so she picked all her options required & signed the paperwork and paid the £500 deposit. She was also promised a Scoda Octavia to use for the 1st week in July if needed so she didn't have to re tax her own vehicle which was going to be a part ex.. However a new manager arrived and things started to go downhill in June. He said she won't get a car at all, then they rang and asked her can she have the plain black seats as they can't get the red Monte Carlo ones she asked for, then another call to say the car now won't be ready until Sep/Oct 2011 as they are having trouble getting diesel componants, the whole attitude of the Skoda garage has been very very poor..
However she got annoyed and they said ok to a 1.2 fabia base car to use as a loan car. She did initially agree to this but has now thought it through and decided no, if she wanted a 1.2 base car she would have bought that instead of the monte carlo and so has today been to the garage and said look, your not able to provide what you said you would and you don't even really have a date, its all guess work. they have agreed but have asked her to write a letter of cancelation and in turn she has asked me to write it but I'm not too sure what to write to be honest ?? I've looked online for a template but can't find one so suggestions would be great. Also I'm guessing as they have let her down and not the other way around she is in fact entitled to a full refund of her deposit, would i be right ?
Thanks in advance, Julie
Where do I start ?? Ok, here goes..
My mum placed an order for the new 1.6 Diesel Monte Carlo Skoda Fabia 5th May 2011, she was told it would be ready last week June/1st week July so she picked all her options required & signed the paperwork and paid the £500 deposit. She was also promised a Scoda Octavia to use for the 1st week in July if needed so she didn't have to re tax her own vehicle which was going to be a part ex.. However a new manager arrived and things started to go downhill in June. He said she won't get a car at all, then they rang and asked her can she have the plain black seats as they can't get the red Monte Carlo ones she asked for, then another call to say the car now won't be ready until Sep/Oct 2011 as they are having trouble getting diesel componants, the whole attitude of the Skoda garage has been very very poor..
However she got annoyed and they said ok to a 1.2 fabia base car to use as a loan car. She did initially agree to this but has now thought it through and decided no, if she wanted a 1.2 base car she would have bought that instead of the monte carlo and so has today been to the garage and said look, your not able to provide what you said you would and you don't even really have a date, its all guess work. they have agreed but have asked her to write a letter of cancelation and in turn she has asked me to write it but I'm not too sure what to write to be honest ?? I've looked online for a template but can't find one so suggestions would be great. Also I'm guessing as they have let her down and not the other way around she is in fact entitled to a full refund of her deposit, would i be right ?
Thanks in advance, Julie
Wow! Epic lurking Julie!
I would have thought this falls under the seller breaking the contract by being unable or changing the original order.
If they were offering something better for no extra then that would be OK but I think it is unrealistic to expect your Mum to accept a lesser spec due the factory being unable to deliver.
I would see if you can get a better spec car and if not say you want your deposit back under the sale of goods act.
If they refuse, ask where is the local County Court? as you are making a small claims against them.
I would have thought this falls under the seller breaking the contract by being unable or changing the original order.
If they were offering something better for no extra then that would be OK but I think it is unrealistic to expect your Mum to accept a lesser spec due the factory being unable to deliver.
I would see if you can get a better spec car and if not say you want your deposit back under the sale of goods act.
If they refuse, ask where is the local County Court? as you are making a small claims against them.
You should probably make it very clear in any letter you write cancelling the order that it is due to their inability to provide what was originally specified. If not they might use the letter as proof that you cancelled for no reason and keep your deposit.
Better still get them to write to you explaining the problems they have fulfilling your order then cancel.
Better still get them to write to you explaining the problems they have fulfilling your order then cancel.
Wow, thank you so much for your support, I only popped out for an hour and come back to all your replies, thanks guys..
I really didn't know where to start re the letter but now I have a great plan of action and a good idea what to put in it too, my mind went totally blank (being blonde didn't help) when she said can I write the letter, I thought great, this needs to be right or they'll use it against her..?!
I know what you mean though, can she have black seats, its either a monte carlo or its not ??
I'll let you know how it goes as she's made arrangements to see them Tuesday with the letter in hand..
thanks Xx
I really didn't know where to start re the letter but now I have a great plan of action and a good idea what to put in it too, my mind went totally blank (being blonde didn't help) when she said can I write the letter, I thought great, this needs to be right or they'll use it against her..?!
I know what you mean though, can she have black seats, its either a monte carlo or its not ??
I'll let you know how it goes as she's made arrangements to see them Tuesday with the letter in hand..
thanks Xx
julie0108 said:
Wow, thank you so much for your support, I only popped out for an hour and come back to all your replies, thanks guys..
I really didn't know where to start re the letter but now I have a great plan of action and a good idea what to put in it too, my mind went totally blank (being blonde didn't help) when she said can I write the letter, I thought great, this needs to be right or they'll use it against her..?!
I know what you mean though, can she have black seats, its either a monte carlo or its not ??
I'll let you know how it goes as she's made arrangements to see them Tuesday with the letter in hand..
thanks Xx
this will ONLY work if she has in writing that delivery was to be 1st week in July, otherwise they are not obliged to give her her money back.I really didn't know where to start re the letter but now I have a great plan of action and a good idea what to put in it too, my mind went totally blank (being blonde didn't help) when she said can I write the letter, I thought great, this needs to be right or they'll use it against her..?!
I know what you mean though, can she have black seats, its either a monte carlo or its not ??
I'll let you know how it goes as she's made arrangements to see them Tuesday with the letter in hand..
thanks Xx
I'm wondering did the old Sales Manager promise prospective customers the world to get the orders in - and thus commission - before he left, knowing that chances are the dealership couldnt meet those expectations?
Not that that is the o/p's problem.
It might be worth asking for a meeting with the Dealer Principal, rather than the sales manager and get his view point.
Not that that is the o/p's problem.
It might be worth asking for a meeting with the Dealer Principal, rather than the sales manager and get his view point.
Perhaps of limited use now but......
http://atsearch.autotrader.co.uk/www/cars_popup.js...
Appear to have one sat in the showroom for delivery. Hampshire as well.
http://atsearch.autotrader.co.uk/www/cars_popup.js...
Appear to have one sat in the showroom for delivery. Hampshire as well.
daemon said:
this will ONLY work if she has in writing that delivery was to be 1st week in July, otherwise they are not obliged to give her her money back.
She want's to buy a car, I think a verbal agreement would be strong in this case as it's not about the order it's the terrbile VW service while trying to give them money.tercelgold said:
daemon said:
this will ONLY work if she has in writing that delivery was to be 1st week in July, otherwise they are not obliged to give her her money back.
She want's to buy a car, I think a verbal agreement would be strong in this case as it's not about the order it's the terrbile VW service while trying to give them money.They may well give her her deposit back, but they might not, and they are not obliged to unless the specific timeframe was put into the contract.
I would ask for a meeting with the dealer principal and explain whats happening, see what he says.
daemon said:
'thinking' it and fact are going to be two different things, unfortunately.
They may well give her her deposit back, but they might not, and they are not obliged to unless the specific timeframe was put into the contract.
I would ask for a meeting with the dealer principal and explain whats happening, see what he says.
They are obliged to, if they dispute the verbal agreement it would be just the same as a written contract, with both sides.They may well give her her deposit back, but they might not, and they are not obliged to unless the specific timeframe was put into the contract.
I would ask for a meeting with the dealer principal and explain whats happening, see what he says.
tercelgold said:
daemon said:
'thinking' it and fact are going to be two different things, unfortunately.
They may well give her her deposit back, but they might not, and they are not obliged to unless the specific timeframe was put into the contract.
I would ask for a meeting with the dealer principal and explain whats happening, see what he says.
They are obliged to, if they dispute the verbal agreement it would be just the same as a written contract, with both sides.They may well give her her deposit back, but they might not, and they are not obliged to unless the specific timeframe was put into the contract.
I would ask for a meeting with the dealer principal and explain whats happening, see what he says.
I would be surprised if there wasnt wording in the contract fine print stating the delivery times may vary from those quoted.
daemon said:
I would be surprised if there wasnt wording in the contract fine print stating the delivery times may vary from those quoted.
This.Check the contract that was entered into. The last time I purchased a new car (2008) the delivery date could be amended by up to six months. As it was, it was only a month late.
I can understand the frustration about the black seats - could your mum not hold out until the red ones are available?
As for the base-spec 1.2 Fabia loan car - in my mind that equates to at least two or three months of 'free' motoring whilst waiting for the ordered car - not a bad offer in the circumstances IMHO.
As for the base-spec 1.2 Fabia loan car - in my mind that equates to at least two or three months of 'free' motoring whilst waiting for the ordered car - not a bad offer in the circumstances IMHO.
daemon said:
No written contract = no contract. Its the dealers word against hers if its not in writing.
I would be surprised if there wasnt wording in the contract fine print stating the delivery times may vary from those quoted.
Sorry, yes that's what I meant, the dealer against the buyer which I think would be in the buyers favour overall. They have the cash, want to buy and say they had a verbal/oral agreement; versus a dealer who had a change of mangement and possibly say they never agreed the date by which the car would arrive and would the buyer likeI would be surprised if there wasnt wording in the contract fine print stating the delivery times may vary from those quoted.
a different car instead.
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