legal advice please bespoke vehicle purchase problem

[brianlewis]

please can anyone give me advice?

without viewing I put a deposit down on a bespoke limited edition vehicle that was advertised last November, the advert stated first production off the assembly line will be March this year

approx 2 months later I paid half the balance 7K

shortly after I was told I would have to wait at least 4 to 5 months for delivery, I questioned why so long but was told it was my fault for not confirming the spec quick enough, the spec was confirmed 1st March,
I am now at a stage where I am fed up waiting and want to know if it is possible to get my money back ?

thanks,
Brian.

[Rude-boy]

As ever your rights and remedies should be set out in the contract between you both.

That is the starting point and anyone trying to advise without looking at that first is honestly trying to be helpful no doubt but acting blind.

[NGee]

brianlewis said:

I am now at a stage where I am fed up waiting and want to know if it is possible to get my money back ?

What did they say when you asked them?

[Jasandjules]

What does your contract say about delivery and cancellation?

[brianlewis]

I sent an e mail chasing it up however still no reply to when I will receive it.

[brianlewis]

Jasandjules said:

What does your contract say about delivery and cancellation?

when I paid deposit in November the letter stated -the final spec and the price is to be confirmed but this is now a firm order and you are on the build list

I signed and returned the order form ( if I had known how long to receive it I wouldn't have signed it )

they said they will contact me shortly when they will require final spec which will be before Xmas and at that point would require payment up to 50 percent of final price.

it says Payments are non refundable and the balance is payable when vehicle is complete

[Cylon2007]

So the spec was confirmed 1st March and you have been quoted 4 -5 months delivery, that takes you to the end of August, so it's no late yet.

[Monkeylegend]

brianlewis said:

I signed and returned the order form

it says Payments are non refundable and the balance is payable when vehicle is complete

Does it say anything about the possibility of delays or what happens in this event?

[brianlewis]

Cylon2007 said:

So the spec was confirmed 1st March and you have been quoted 4 -5 months delivery, that takes you to the end of August, so it's no late yet.

true, but I was told about the 4 to 5 week delivery after the 1st March and after the 7K part payment, If I had known of the delay I would have tried to cancel a lot sooner.

[brianlewis]

Monkeylegend said:

Does it say anything about the possibility of delays or what happens in this event?

No, nothing at all regarding delays etc.

[anonymous-user]

brianlewis said:

please can anyone give me advice?

without viewing I put a deposit down on a bespoke limited edition vehicle that was advertised last November, the advert stated first production off the assembly line will be March this year

approx 2 months later I paid half the balance 7K

shortly after I was told I would have to wait at least 4 to 5 months for delivery, I questioned why so long but was told it was my fault for not confirming the spec quick enough, the spec was confirmed 1st March,
I am now at a stage where I am fed up waiting and want to know if it is possible to get my money back ?

thanks,
Brian.

Advertised in November?

Paid deposit January or February, told would be 4 or 5 month wait?

Didn't confirm spec until march?

Seems to me that August/September would be reasonable delivery if that's a correct interpretation.

But what did you expect? That a bespoke cat would be available in a few weeks? Or that you could cancel a bespoke order? That's not how life works, it's bespoke, so built to order, that's what you confirmed, and received confirmation you couldn't cancel

Unless they fail to deliver at all I don't think you have a leg to stand on, they're not even late in delivering yet

[brianlewis]

keirik said:

Advertised in November?

Paid deposit January or February, told would be 4 or 5 month wait?

Didn't confirm spec until march?

Seems to me that August/September would be reasonable delivery if that's a correct interpretation.

But what did you expect? That a bespoke cat would be available in a few weeks? Or that you could cancel a bespoke order? That's not how life works, it's bespoke, so built to order, that's what you confirmed, and received confirmation you couldn't cancel

Unless they fail to deliver at all I don't think you have a leg to stand on, they're not even late in delivering yet

I paid the deposit last November but didn't realise it would take so long as the advert in November stated the first batch will be ready in March,I wasn't told the delay until it was too late after paying an extra 7K , as it is a convertible I don't want to miss the good weather.

[A1VDY]

NGee said:

brianlewis said:

I am now at a stage where I am fed up waiting and want to know if it is possible to get my money back ?

What did they say when you asked them?

He very obviously didn't ask them, why is this not so clear to you..

[dundarach]

Unless this is a wind up, the OP needs to have a long look at their reflection...

You claim you wanted a bespoke vehicle and don't want to wait five months, balls, sorry I think you've just changed your mind...

However as others have said, ask them to cancel it and see what they say?

[NGee]

A1VDY said:

NGee said:

brianlewis said:

I am now at a stage where I am fed up waiting and want to know if it is possible to get my money back ?

What did they say when you asked them?

He very obviously didn't ask them, why is this not so clear to you..

It's perfectly clear to me, that's why I was suggesting to the OP the first thing to do should be to call them - instead of asking a bunch of random keyboard warriors, why is this not so clear to you..?

At least my post was helpful and to the point (even if a little too sarcastic for you) unlike yours - but thanks for you input.

[Jasandjules]

brianlewis said:

when I paid deposit in November the letter stated -the final spec and the price is to be confirmed but this is now a firm order and you are on the build list

I signed and returned the order form ( if I had known how long to receive it I wouldn't have signed it )

they said they will contact me shortly when they will require final spec which will be before Xmas and at that point would require payment up to 50 percent of final price.

it says Payments are non refundable and the balance is payable when vehicle is complete

Without a firm date for delivery you would have to be looking to argue that time was of the essence and/or it was a fundamental term of the agreement that delivery was within 5 months. This is not really a great shout however given it is hardly out of the question with custom made cars for there to be a delay (not that you actually even have a date to state there is a delay) and I doubt anyone would consider 5 months to produce a custom car realistic.

IF you agreed with them it would be delivered in 6 months maximum etc it would be your word against theirs and again as above I find it difficult to suggest that a court would consider that a likely agreement between a custom car maker and client.

Unless I've missed something simple of course..

[Monkeylegend]

Could be worse OP, you could have paid £5k for a deposit on a TVR.

[anonymous-user]

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs) gives exemptions to cancellation rights after 14 days, for bespoke items .

A deposit as well as potentially the full amount would still be liable by the op if I've read it correct, but i'm no lawyer.

Edited by Thesprucegoose on Thursday 11th July 22:16

[Marcellus]

Jasandjules said:

Without a firm date for delivery you would have to be looking to argue that time was of the essence and/or it was a fundamental term of the agreement that delivery was within 5 months. This is not really a great shout however given it is hardly out of the question with custom made cars for there to be a delay (not that you actually even have a date to state there is a delay) and I doubt anyone would consider 5 months to produce a custom car realistic.

IF you agreed with them it would be delivered in 6 months maximum etc it would be your word against theirs and again as above I find it difficult to suggest that a court would consider that a likely agreement between a custom car maker and client.

Unless I've missed something simple of course..

I think for a contract to be "time of the essence" it has to be stated at the time of contract exchange...... i don't believe it possible to say "that contract I signed six months ago had a time of the essence clause"

[bennno]

What do you define as a bespoke car &or £14k?

Had a not dissimilar experience buying a track prepared 205 from LAD years ago, they took forever and were in no hurry after they’d received the initial large deposit.