Ordered new car and now they can’t deliver

[_speedyellow_]

So on Sunday I ordered a new car from a local Mercedes main dealer put my deposit down, confirmed part exchange details etc.
I’m then told the car cannot be delivered because it isn’t even in the country and there is a hold on it.
I’ve waited all day to hear of a remedy and I’m told they will refund the deposit and tear up the contract. I’m hoping they can find an alternative car in different colour but it’s not looking good.
I’m supposed to be swapping vehicles tomorrow so just wondering what you guys would do?
I’m tempted to wander down there tomorrow hand the keys over and ask where the new car is... if I cancelled an order I’d lose my deposit. If they cancel because they screwed up (or may have sold it to someone else) what is my remedy?
Apparently to get the car I want in the colour I’d have to factory order with deliver Q2 next year.

I’d be keen to know what you would do- what are my actual rights?

Thanks
Speed yellow!

[novus]

They have told you the resolution. The can no longer supply the car so will close the deal and refund you
They obviously cat source a similar car or they would have offered you that option

[sherman]

Unless its the perfect car for you and they will build and ship one for you within a reasonable time frame, get your deposit back and go down to the next place.
See if another dealer for the same brand can get your car.

[Nickp82]

Fair enough it must be annoying for the deal to come to a grinding halt but st happens, I would honestly just get my money back and move swiftly on.

[Julian Thompson]

I suspect there is some “loss of bargain” here - something I learned on here about from Breadvan72 and which has worked for me since I read his posts a while back.

But there was also something in there about “frustration of the contract” which is something to do with it and I can’t exactly remember what....

[Muzzer79]

If they can’t supply you a car, what’s your loss?

You’re refunded your deposit.

It’s not like the reverse, where they could miss out on selling the car to someone else.

Just buy another car from elsewhere. There’s too much going on in the world to try and hold a dealer to ransom to supply a car they don’t have.

[anonymous-user]

Muzzer79 said:

se.
Just buy another car from elsewhere.

Preferably a different marque.

Then write to Merc UK office and tell them why they've lost a sale and loyal customer and who the dealer was.

[normalbloke]

You must be due some compo, surely...

[AngryPartsBloke]

Julian Thompson said:

I suspect there is some “loss of bargain” here - something I learned on here about from Breadvan72 and which has worked for me since I read his posts a while back.

But there was also something in there about “frustration of the contract” which is something to do with it and I can’t exactly remember what....

Most simple way to describe frustration, is where the contract has become impossible to perform through no fault of the party who is obligated under the contract. It doesn't cover hardship or a an obligation becoming too expensive. If a contract is found to be frustrated, it is terminated from the point of frustration and the parties are relieved of thier obligations.

[The Moose]

ValleyRed said:

Muzzer79 said:

se.
Just buy another car from elsewhere.

Preferably a different marque.

Then write to Merc UK office and tell them why they've lost a sale and loyal customer and who the dealer was.

And then take it to the dealer to show you were serious!

[The Road Crew]

normalbloke said:

You must be due some compo, surely...

Got to be. They owe you. They should pay!

I'd expect them to clear you mortgage and deliver the merc of your choice within 24 hours as a bare minimum, but push for floor mats and a tank of gas as well.

Bloody car companies who do they think they are?!

[The Moose]

Muzzer79 said:

If they can’t supply you a car, what’s your loss?

If the equivalent car is more expensive elsewhere, then the cost difference?

[Sheepshanks]

_speedyellow_ said:

So on Sunday I ordered a new car from a local Mercedes main dealer put my deposit down, confirmed part exchange details etc.
I’m then told the car cannot be delivered because it isn’t even in the country and there is a hold on it.
I’ve waited all day to hear of a remedy and I’m told they will refund the deposit and tear up the contract. I’m hoping they can find an alternative car in different colour but it’s not looking good.
I’m supposed to be swapping vehicles tomorrow so just wondering what you guys would do?
I’m tempted to wander down there tomorrow hand the keys over and ask where the new car is... if I cancelled an order I’d lose my deposit. If they cancel because they screwed up (or may have sold it to someone else) what is my remedy?
Apparently to get the car I want in the colour I’d have to factory order with deliver Q2 next year.

I’d be keen to know what you would do- what are my actual rights?

Thanks
Speed yellow!

Sounds like you’re being fobbed off - if there’s a hold on a model then usually it’s well known and they get released quickly, yet the dealer seems keen to cancel the order.

Happened to a colleague ordering a BMW from stock on an end-of-quarter blow-out deal. He was miffed as they went on radio silence for several days but then did admit the car has been sold to someone else. He pointed out a contract was in place and money had changed hands. They ordered him a new one - took about 8 weeks.

You’re right that if you cancelled it’s likely the dealer would keep your deposit, yet somehow it’s OK for them to just walk away. Outrageous, really.

Edited by Sheepshanks on Tuesday 29th September 23:52

[anonymous-user]

_speedyellow_ said:

So on Sunday I ordered a new car from a local Mercedes main dealer put my deposit down, confirmed part exchange details etc.
I’m then told the car cannot be delivered because it isn’t even in the country and there is a hold on it.
I’ve waited all day to hear of a remedy and I’m told they will refund the deposit and tear up the contract. I’m hoping they can find an alternative car in different colour but it’s not looking good.
I’m supposed to be swapping vehicles tomorrow so just wondering what you guys would do?
I’m tempted to wander down there tomorrow hand the keys over and ask where the new car is... if I cancelled an order I’d lose my deposit. If they cancel because they screwed up (or may have sold it to someone else) what is my remedy?
Apparently to get the car I want in the colour I’d have to factory order with deliver Q2 next year.

I’d be keen to know what you would do- what are my actual rights?

Thanks
Speed yellow!

Just look elsewhere . No ‘rights’

[anonymous-user]

Contact the Daily mail and in the meantime get practicing your compo face

[A1VDY]

Complete non issue.
Deposit back, buy another car elsewhere, job done.
There are literally millions of cars out there, it really doesn't have to be this particular one..

[NelsonM3]

Got to be a windup surely?

[James-m5qjf]

It’s this type of consumer behaviour that make our lives a bit of a misery.... Mistakes/delays can and will happen, especially during a global pandemic, just accept it and be reasonable.

[flatso]

James-m5qjf said:

It’s this type of consumer behaviour that make our lives a bit of a misery.... Mistakes/delays can and will happen, especially during a global pandemic, just accept it and be reasonable.

Exactly! At the end of the day its their loss, just go with the spec to another dealer and buy from there. Its a shame for the wasted time, but nothing to get hung over.

[smifffymoto]

Stop blaming the pandemic.
We are all human and make mistakes.It’s how the mistakes are dealt with and rectified that separate the good from the bad.
I would say this dealer has said the problem is of their making and dealt with it quickly and professionally.