Deposit placed before factory closures
Deposit placed before factory closures
Author
Discussion

Caps4444

Original Poster:

40 posts

69 months

Monday 6th April 2020
quotequote all
Just wanted some advice.
Put a deposit down in Feb for a new Macan.
Mid April Delivery, car was due to be built end of March.

With the current crisis, and potential job uncertainty, am I able to cancel and get my deposit back, even if they had started to build the car?

Any guidance would be appreciated.
Many thanks.

Twinfan

10,125 posts

125 months

Monday 6th April 2020
quotequote all
Speak to your OPC. If the car is in build you will lose your deposit if you cancel unless the OPC volunteers to give it you back.

NickUSA

807 posts

188 months

Monday 6th April 2020
quotequote all
From the standard Porsche T&Cs:

Delivery: We will write to you notifying the Estimated Delivery Date for your Vehicle once we receive confirmation from the manufacturer of your
Vehicle’s production date. You may cancel your order at any time before the Estimated Delivery Date is notified to you by giving written notice
to us that you wish to cancel your order. We will refund any deposit paid if you cancel your order in these circumstances.

Twinfan

10,125 posts

125 months

Monday 6th April 2020
quotequote all
NickUSA said:
From the standard Porsche T&Cs:

Delivery: We will write to you notifying the Estimated Delivery Date for your Vehicle once we receive confirmation from the manufacturer of your
Vehicle’s production date. You may cancel your order at any time before the Estimated Delivery Date is notified to you by giving written notice
to us that you wish to cancel your order. We will refund any deposit paid if you cancel your order in these circumstances.
Caps4444 said:
Put a deposit down in Feb for a new Macan.
Mid April Delivery, car was due to be built end of March.
Doesn't sound like that clause applies.

NickUSA

807 posts

188 months

Monday 6th April 2020
quotequote all
Twinfan said:
NickUSA said:
From the standard Porsche T&Cs:

Delivery: We will write to you notifying the Estimated Delivery Date for your Vehicle once we receive confirmation from the manufacturer of your
Vehicle’s production date. You may cancel your order at any time before the Estimated Delivery Date is notified to you by giving written notice
to us that you wish to cancel your order. We will refund any deposit paid if you cancel your order in these circumstances.
Caps4444 said:
Put a deposit down in Feb for a new Macan.
Mid April Delivery, car was due to be built end of March.
Doesn't sound like that clause applies.
I'd agree, it looks like the OP has been informed of his estimated delivery date.

Caps4444

Original Poster:

40 posts

69 months

Monday 6th April 2020
quotequote all
Hi - I was informed as I called them up, not by a letter or email.

Might be e-mailing OPC Sales person.


Twinfan

10,125 posts

125 months

Monday 6th April 2020
quotequote all
Yep, you'll need to chat it over with your salesperson...

oml130

20 posts

99 months

Monday 6th April 2020
quotequote all
Depends; did you buy it over the phone or did you actually go to the dealership? If you were not in physical contact you can ‘get out’ via distance purchase laws - there is a section around that in the contract.

Cheib

24,943 posts

196 months

Monday 6th April 2020
quotequote all
I personally wouldn’t chat about it. If you want to cancel I’d write a polite e-mail saying you want to exercise your right to cancel under the T&C’s....quote the relevant clause and leave it like that. I would say it’s because they are currently unable to deliver the car rather than you don’t want it. If they haven’t written to you which appears to be the case and appears to be a key stage under the contract then I think you have the right to cancel.

I suspect because the factory is shut they are on difficult ground legally in trying to hold you to a contract...even if the OPC says they have informed you of an Estimated Delivery Date they currently can’t deliver a car probably for several months which would make it very difficult to hold your deposit IMHO.

Caps4444

Original Poster:

40 posts

69 months

Monday 6th April 2020
quotequote all
So i purchased mid Feb in a dealership. Lock on date was around the 20th of Feb and the sales person then said that Delivery should be in mid April to end April, build towards end of March.

Nothing in writing etc, updated only on the phone.


tedblog

1,442 posts

101 months

Monday 6th April 2020
quotequote all
Caps4444 said:
So i purchased mid Feb in a dealership. Lock on date was around the 20th of Feb and the sales person then said that Delivery should be in mid April to end April, build towards end of March.

Nothing in writing etc, updated only on the phone.
OPC calls are all recorded for training purposes... Is verbal enough? i do believe so.
Did you go to the delearship to order the car or did you purchase over the phone, you would be covered by difficult rules if you did?

Caps4444

Original Poster:

40 posts

69 months

Monday 6th April 2020
quotequote all
I purchased at the dealership and I think around the middle of March, I called for an update and he said should be built end March and delivered early mid April.
The issue is that the estimated delivery date will now be a month or so after the factory opens, so for example if it opens in May, then I’ll get the car in June.....etc.
So does delay give me any additional right to cancel.

With job uncertainty, I don’t want to risk having to pay monthly car payments, as a car for us is more convenience than a necessity.

Twinfan

10,125 posts

125 months

Monday 6th April 2020
quotequote all
If you definitely don't want the car you should inform them that you're cancelling the order in writing and ask for your deposit back.

The build delay isn't your sole reason for cancelling so you can't use that for any negotiations IMHO.

If the OPC refuse a refund then you'll need to look at the legal Ts and Cs, but I think the OPC has the upper hand here.

I'm in exactly the same position with a booked holiday and I expect to lose my deposit.

Caps4444

Original Poster:

40 posts

69 months

Monday 6th April 2020
quotequote all
I just read the contract and it states as a poster above kindly mentioned:

Delivery: We will write to you notifying the Estimated Delivery Date for your Vehicle once we receive confirmation from the manufacturer of your Vehicle’s production date. You may cancel your order at any time before the Estimated Delivery Date is notified to you by giving written notice to us that you wish to cancel your order. We will refund any deposit paid if you cancel your order in these circumstances.

The first line is the key, I think. “We will write to you notifying.....”

Have people been notified by writing about delivery dates in the past?

NickUSA

807 posts

188 months

Monday 6th April 2020
quotequote all
Caps4444 said:
I just read the contract and it states as a poster above kindly mentioned:

Delivery: We will write to you notifying the Estimated Delivery Date for your Vehicle once we receive confirmation from the manufacturer of your Vehicle’s production date. You may cancel your order at any time before the Estimated Delivery Date is notified to you by giving written notice to us that you wish to cancel your order. We will refund any deposit paid if you cancel your order in these circumstances.

The first line is the key, I think. “We will write to you notifying.....”

Have people been notified by writing about delivery dates in the past?
Formal letter no, but I pushed to get the individual steps, i.e. when the body was complete, paint shop , final assembly etc etc

Caps4444

Original Poster:

40 posts

69 months

Monday 6th April 2020
quotequote all
I’ll write to them shortly.
Should I use the cancellation form, or should I just email. If they don’t agree I’d prefer to take the car, can’t lose my deposit.
Thanks.

tedblog

1,442 posts

101 months

Monday 6th April 2020
quotequote all
I dont think the factories will start producing until around June at the earliest.

Cheib

24,943 posts

196 months

Monday 6th April 2020
quotequote all
tedblog said:
I dont think the factories will start producing until around June at the earliest.
I don’t see it this side of summer....parts probably come from thirty or forty countries...all on just in time supply basis. You only need one or two parts suppliers to be out of action to cause major headaches.

Hopefully I am wrong but it’ll be a nightmare I reckon.

Twinfan

10,125 posts

125 months

Monday 6th April 2020
quotequote all
Caps4444 said:
I’ll write to them shortly.
Should I use the cancellation form, or should I just email. If they don’t agree I’d prefer to take the car, can’t lose my deposit.
Thanks.
Surely if you take the car you lose in depreciation driving it away? Either you want the car or you don't?

footsoldier

2,291 posts

213 months

Monday 6th April 2020
quotequote all
Is there an estimated delivery date on the order form?
If not, don’t ask, just inform them you are cancelling, using the form provided