Dealer upping the agreed PCP monthlies - help!

[MrF193]

So I ordered a brand new BMW M140i from a dealer in October 2016. The deal was under a PCP agreement and I requested delivery for 1st March 2017 as that's when my current lease car goes back. I ordered well in advance so as to take advantage of the brilliant offers they had back in October on the particular version I was after (M140i).

Fast forward to this weekend where I was asked to come in to sign the finance paperwork. The 'business manager' imforms me that the GFV has now fallen by £500 for Q1 (these change monthly) and as such: my monthly payments will now be £13 a month higher over the 3 year term. I asked why the original finance proposed back in October no longer stands and was told that it was only valid for 90 days and was part of the 2016 Q4 offer which is no longer valid. I told the dealer that I would cancel the order if they didn't honour the original payment terms of the conditional sales agreement as agreed back in October. Their regional manager is getting back to me on Monday to see if they can honour the original deal.

Can anyone help on where I stand legally with this - are they even allowed to do this?! Is there a consumer law that can ensure I get the original deal honoured? Current offers are no way near as good on the car I'm after and I need a car for March. I know £13 a month isn't much but it's a pretty low ball move from the dealer IMO.

[TooMany2cvs]

MrF193 said:

So I ordered a brand new BMW M140i from a dealer in October 2016. The deal was under a PCP agreement and I requested delivery for 1st March 2017 as that's when my current lease car goes back. I ordered well in advance so as to take advantage of the brilliant offers they had back in October on the particular version I was after (M140i).

Fast forward to this weekend where I was asked to come in to sign the finance paperwork. The 'business manager' imforms me that the GFV has now fallen by £500 for Q1 (these change monthly) and as such: my monthly payments will now be £13 a month higher over the 3 year term. I asked why the original finance proposed back in October no longer stands and was told that it was only valid for 90 days and was part of the 2016 Q4 offer which is no longer valid. I told the dealer that I would cancel the order if they didn't honour the original payment terms of the conditional sales agreement as agreed back in October. Their regional manager is getting back to me on Monday to see if they can honour the original deal.

Can anyone help on where I stand legally with this - are they even allowed to do this?! Is there a consumer law that can ensure I get the original deal honoured? Current offers are no way near as good on the car I'm after and I need a car for March. I know £13 a month isn't much but it's a pretty low ball move from the dealer IMO.

It's hardly unreasonable for a quote to only stand for 90 days. When would the car have been delivered if you hadn't requested it be delayed?

You blame the dealer, but is this BMW GB's finance?

[MrF193]

I accepted the quote and proceeded to order the car on those payment terms. The car arrived at the dealer in January. It could be BMW financial services but shouldn't the the dealer have locked in the finance deal when I put a deposit down?

[TooMany2cvs]

MrF193 said:

I accepted the quote and proceeded to order the car on those payment terms. The car arrived at the dealer in January. It could be BMW financial services but shouldn't the the dealer have locked in the finance deal when I put a deposit down?

What do the Ts & Cs of the contract you signed say...?

So the car could have been delivered within the 90 days - or very close - but for you wanting them to store it for a month and a half before registering.

[Butter Face]

90 day terms on an acceptance is pretty much par for the course. Bad form then not keeping on top of it though as most finance companies I have worked with with honour a deal if kept 'live' (I.e, a phone call)

But manufacturers/ finance companies also put restrictions on registrations for certain deals.

I would put £1 on them calling to say that the area manager has sorted it and all is back on, wouldn't worry.

But also, it's only £13pm, 36m term is it? £468 extra over the term, not enough to cause a sleepless night on a £30k+ hatchback surely?

[Jonno02]

They'll be banking on the new car experience making you react like "oh that's fine, I just want the car." Stand your ground. Cancel if they definitely didn't tell you about that when you ordered.

[Butter Face]

Jonno02 said:

They'll be banking on the new car experience making you react like "oh that's fine, I just want the car." Stand your ground. Cancel if they definitely didn't tell you about that when you ordered.

Yeah, cancel, it's definitely worth cutting your nose off to spite your face over less than £500

Or tell them you want a tank of fuel and a free service, sorted.

[MrF193]

I told them to order the car so that it arrives in March, no idea why they ordered it straight away so that it arrived in Jan! Didn't really want it hanging around in their possession until March.

Agree £13 a month isn't a great deal in the grand scheme of things but it's annoying when you agree a price and then they don't honour it.

I'll see what they come back with and if it's a 'sorry mate still £13 extra a month', then I'll push for a free service (tank of fuel included already)

[TooMany2cvs]

MrF193 said:

I told them to order the car so that it arrives in March, no idea why they ordered it straight away so that it arrived in Jan! Didn't really want it hanging around in their possession until March.

Their logistics chain before it is registered and delivered to you is none of your business... It would still have been 4.5mo from order to delivery.

[MrF193]

Not sure why that's an issue if I told them from the start that I'm specifically ordering for 1st March delivery. At no point was I informed at point of sale that the price could or would change due to the 90 day rule. It's not even in the terms and conditions of the new vehicle contract.

[55palfers]

What if you had offered them £13 less per month before you came to collect it?

[zedstar]

The 90 day issue is their issue, if it mattered for your order then it was for them to bring it up. How the hell are you meant to be responsible?

[InitialDave]

I had a similar situation due to an option pack being included on the only car available to me, I resolved it by persuading them to give me the amount involved (~£500 over the term) as the value on a (worthless) trade-in car.

[TooMany2cvs]

MrF193 said:

Not sure why that's an issue if I told them from the start that I'm specifically ordering for 1st March delivery. At no point was I informed at point of sale that the price could or would change due to the 90 day rule. It's not even in the terms and conditions of the new vehicle contract.

But is it in the finance Ts & Cs?

How about if you'd ordered it for delivery in three years time?

[Jonno02]

Butter Face said:

Yeah, cancel, it's definitely worth cutting your nose off to spite your face over less than £500

Or tell them you want a tank of fuel and a free service, sorted.

I don't like people pissing down my leg. Maybe that's just me. I don't quite think a service and a tank of fuel is £500. You'd need 3 services to be anywhere near that.

[Hennerz1994]

I had a very similar thing happen with BMW. I was looking at a 220d that they had in stock. Was 6 months old ex demo I had agreed a price with them and paid the agreed deposit. Ok the day before I was meant to be picking the car up they called and said they couldn't do it for the price I had signed for and would need a extra £40 a month. I told them to stick it and went and bought another Audi.

[MrF193]

Thanks for everyone's comments, it seems most of you think this isn't acceptable which makes me feel better.

They didn't even get back to me with an update today. Very close to naming and shaming this dealer but will send an email today and wait until tomorrow.

Is it worth speaking to the dealer principal to address this shocking service?

[TSCfree]

Jonno02 said:

Butter Face said:

Yeah, cancel, it's definitely worth cutting your nose off to spite your face over less than £500

Or tell them you want a tank of fuel and a free service, sorted.

I don't like people pissing down my leg. Maybe that's just me. I don't quite think a service and a tank of fuel is £500. You'd need 3 services to be anywhere near that.

Not just you. Seems the whole car industry is geared up to treat buyers/sellers like mugs just because it's a few extra quid. Even the WBAC commercials are effectively saying it's fine to piss your hard earned away because you can't be arsed. Time can be money, but those people who that applies to are few and far between. Take care of the pennies,etc,etc...

[Sheepshanks]

Hennerz1994 said:

I had a very similar thing happen with BMW. I was looking at a 220d that they had in stock. Was 6 months old ex demo I had agreed a price with them and paid the agreed deposit. Ok the day before I was meant to be picking the car up they called and said they couldn't do it for the price I had signed for and would need a extra £40 a month. I told them to stick it and went and bought another Audi.

A colleague did a stonking deal on a fairly well loaded 520d Touring that was in stock. This was mid-Sept and it had to be registered by end of Sept (ie end of quarter) to get the finance deal. Dealer was going to call him with reg number to get the insurance changed over but went on radio-silence for several days, eventually telling him someone else had already sold the car but, never mind, we'll refund your deposit.

He pointed out that a contract existed, money had changed hands, and they better go away and have a think about it. They came back and let him factory order a car on the same terms, and put another grand (which he had to take as options) into the deal. He was just crapping himself while waiting that his old car, which they'd given a reasonable p/x on, wouldn't expire in the meantime.

[Hennerz1994]

Sheepshanks said:

A colleague did a stonking deal on a fairly well loaded 520d Touring that was in stock. This was mid-Sept and it had to be registered by end of Sept (ie end of quarter) to get the finance deal. Dealer was going to call him with reg number to get the insurance changed over but went on radio-silence for several days, eventually telling him someone else had already sold the car but, never mind, we'll refund your deposit.

He pointed out that a contract existed, money had changed hands, and they better go away and have a think about it. They came back and let him factory order a car on the same terms, and put another grand (which he had to take as options) into the deal. He was just crapping himself while waiting that his old car, which they'd given a reasonable p/x on, wouldn't expire in the meantime.

sounds like your colleague got a good deal. I said to them i would have them at the original price and wouldn't pay the extra amount. They refused and they sponsor the golf club where i work and at every opportunity i have told this story to anyone who was thinking of buying a BM not the first time this sort of thing has happened at this dealer. Did the same thing to my bosses daughter but wanted a extra £140 a month. Seems a bit of a joke selling there dream to younger people then when they come to get the car say they can't have it.
Turns out i had a much better deal got a 17 plate A5 s line for less money than i would have paid for the 220d m sport in the end.