Is the dealer bound by an Order Form?

[SW12]

I ordered a car in November for December delivery which has been repeatedly delayed and I’ve still not collected it, in late December there was a sale on this model with a much better price. The dealer cancelled my order and created a new one (for the same vehicle) so I could get this price and I signed a new order form at this point which had the same Q4 2019 GFV for the PCP.

The dealer is now telling me that this GFV cannot be used and the Q1 2020 GFV has to apply (this takes the price back to nearly the same monthly as the original order), however I thought the order form was binding for both parties? The difference is only £40pm but that’s not really the point, I was told specifically that the higher of the GFVs (either that which is on the order form or if it was higher at the time finance went through) would be used at the time of signing the second order form.

Anyone know which if this is correct?? Thanks

I’ve really messed up the title of this, sorry! Can I edit that?

[Scrump]

What title do you want?

[Wacky Racer]

I would imagine he meant bound..

[barryrs]

Can I ask why you want a higher GFV?

This is essentially the balloon payment to purchase the car so to my mind a low GFV would reduce the total cost of ownership.

Obviously if you want to go straight into another PCP at the end of the term a higher GFV may appear better however My view is it’s a marketing con.

[SW12]

Hi guys,

Sorry, I meant to say “bound”.

The GFV was £38425 initially and is now £37,3xx. But these cars are up for £33-34k with dealers at 3 years with 30k miles. So essentially I’m counting on there being no value to do a deal in future given the GFVs, hence I simply wanted the lowest monthlies until I hand it back. I’d lease one if it were near the same money, its pretty much a lease in my mind. Please let me know if I’m missing something I should be aware of.

[tallpaul26]

These finance deals usually have terms like ‘applicable to orders placed by X and delivered by Y’. The T&C’s that accompany the order form should set out what happens in the event of a price change.

[SW12]

No T&Cs at all with the second order form, salesperson just said I already had them from first order. The deal advertised did have the order and delivery timescale stipulations.

[anonymous-user]

So it was ok for the first order to be binned because it was in your favour, but not for the second to be binned because it goes against you?

Or did I miss the point

[SW12]

It is ok for the first order to be binned because both parties agreed it, it is not ok for the second order to be altered as both parties have not agreed it.

The point is whether or not the dealer has to honour the price they specified on the order form, as I would gladly honour my agreement to purchase at that price.

[Olas]

SW12 said:

It is ok for the first order to be binned because both parties agreed it, it is not ok for the second order to be altered as both parties have not agreed it.

The point is whether or not the dealer has to honour the price they specified on the order form, as I would gladly honour my agreement to purchase at that price.

Is there a reason you didn’t pay for the car when you ordered it? Completed sales aren’t often cancelled..

[SW12]

I placed a £1000 deposit at the time of ordering. I just presumed it was normal that the balance wasn’t paid until collection as I haven’t PCP’d before.

[Olas]

SW12 said:

I placed a £1000 deposit at the time of ordering. I just presumed it was normal that the balance wasn’t paid until collection as I haven’t PCP’d before.

PCP?! You’re at their mercy. Buy why you want for cash or accept that it’s not your car, and it’s not your choice, or decision, or responsibility.

[tickedon]

Do you have a copy of the order form and the original terms?

[SW12]

Thanks for the input and help.

Resolved today; dealer is maintaining that the GFV from order form can’t be used but have reduced the price to achieve the same monthly (which wasn’t doable yesterday). Handled by a different manager with better rapport so didn’t need to push on the potential breach of contract angle and also didn’t want to needlessly aggravate before collection tomorrow.