Discussion
Surely its the dealer who you have the contract with 
..... money may have been passed to the factory, but by the dealer. What does the small print say in your purchase contract 
Is it with the dealer, or with the factory using the dealer only as an agent ?
If the dealer is still trading, but not in TVR's, then at least you have an active company to pursue. If it ends up truly as a debt with TVR - which bit.........
You may be able to get the dealer to give you a credit note against future purchase / servicing as an agreable compromise.
Best of British.
..... money may have been passed to the factory, but by the dealer. What does the small print say in your purchase contract Is it with the dealer, or with the factory using the dealer only as an agent ? If the dealer is still trading, but not in TVR's, then at least you have an active company to pursue. If it ends up truly as a debt with TVR - which bit.........
You may be able to get the dealer to give you a credit note against future purchase / servicing as an agreable compromise.
Best of British.
Edited by tubbystu on Tuesday 13th February 18:55
Problem is you need legal representation probably cost as much as im owed ? ive said it before you get more protection buying a packet of crisps in this country than you do buying a car or a house.Did nt pay by card my deposit is a few years old I ordered a Tuscan which was late being built!!!! in the meantime my wife divorced me. I should write a book about it.
marco1958 said:
Anyone else have a deposit on a TVR ??? I had one with a dealer who is no longer TVR . Dealer told me TVR responsible .Now TVR administrators telling me dealer responsible . Catch 22.
I put one down years ago for a T400. I lost interest when the car never appeared and forgot about it. When I got round to enquiring about it there was no response from the factory and now it is game over.
It was non-refundable and I didn't like any of the other TVRs at the time and now it is long gone.
To be honest, I was very slack about it so have no complaints.
marco1958 said:
Problem is you need legal representation probably cost as much as im owed ? ive said it before you get more protection buying a packet of crisps in this country than you do buying a car or a house.Did nt pay by card my deposit is a few years old I ordered a Tuscan which was late being built!!!! in the meantime my wife divorced me. I should write a book about it.
No legal representation needed. Assuming you have some sort of contract / receipt to back up your claim of having left a deposit, read it. If you prefer, post it on here, and somebody else will read it for you.
Assuming there isn't something in the contract that says 'you can never have your money back in any event' and providing it isn't time-barred then you should be able to claim. You can do this from your PC at www.moneyclaim.gov.uk - just state your case, attach you documents, and send.
Obviously the dealer may decide to fight the claim, but if you have everything in writing then you should have no problem, and you shouldn't need a lawyer.
Well their accounts ahow an amount which is labelled "deposits", you still have a right to it regardless, i know you ordered it with a dealer, but they have an obligation as you're their customer. If they processed your order and yours is one the cars partly built at the factory, then any proceeds that particular unit makes need to go towards your claim. I would speak with PKF fella's, you may get a credit on a future TVR with the next successful purchaser.
Just out of curiosity, which company name was the order with? Dealer or TVR (or Blackpool Automotive, TVR Engineering etc....)
(just saw your bit on the other thread Marco)
Just out of curiosity, which company name was the order with? Dealer or TVR (or Blackpool Automotive, TVR Engineering etc....)
(just saw your bit on the other thread Marco)
Edited by dodgey_rog on Tuesday 13th February 20:27
Sorry if this is late but:
If you bought on credit card then you have a right to your money back under the consumer credit act.
If you didn't then you are also okay as you are covered under the sales of goods act, which states that the good must be "fit for the purpose intended". Therefore I'd say that the deposit is a good that is for the purpose of securing an automobile. Should that not be fit for the purpose then I'd sue the relevant persons. When putting down your deposit you should have had a receipt - This will detail who the deposit is held with. Should the receipt state that the deposit is taken fully by the agent (dealer) and not mention that it is held in trust with TVR for them to build you a car then your liability lies with the agent. Should your receipt state that your deposit will be forwarded to TVR, pending the building / creation of your chariot then your liability lays with the administrators.
Should you not have a copy of the receipt then the agent (as they still exist, despite not being TVR any more) is obliged to provide you with this under the freedom of information act as it pertains to business referring to yourself (it also comes under the data protection act as well). Though they are entitled to charge you an administration fee for this copy if they choose, though this must be proportionate to the request.
Feel free to drop me a mail if you want anything else!
If you bought on credit card then you have a right to your money back under the consumer credit act.
If you didn't then you are also okay as you are covered under the sales of goods act, which states that the good must be "fit for the purpose intended". Therefore I'd say that the deposit is a good that is for the purpose of securing an automobile. Should that not be fit for the purpose then I'd sue the relevant persons. When putting down your deposit you should have had a receipt - This will detail who the deposit is held with. Should the receipt state that the deposit is taken fully by the agent (dealer) and not mention that it is held in trust with TVR for them to build you a car then your liability lies with the agent. Should your receipt state that your deposit will be forwarded to TVR, pending the building / creation of your chariot then your liability lays with the administrators.
Should you not have a copy of the receipt then the agent (as they still exist, despite not being TVR any more) is obliged to provide you with this under the freedom of information act as it pertains to business referring to yourself (it also comes under the data protection act as well). Though they are entitled to charge you an administration fee for this copy if they choose, though this must be proportionate to the request.
Feel free to drop me a mail if you want anything else!
V8Cerbera said:
Should you not have a copy of the receipt then the agent (as they still exist, despite not being TVR any more) is obliged to provide you with this under the freedom of information act as it pertains to business referring to yourself (it also comes under the data protection act as well). Though they are entitled to charge you an administration fee for this copy if they choose, though this must be proportionate to the request.
I thought the FOI act only applied to public bodies, such as gov, local gov, hospitals etc.
marco1958 said:
Problem is you need legal representation probably cost as much as im owed ? ive said it before you get more protection buying a packet of crisps in this country than you do buying a car or a house.Did nt pay by card my deposit is a few years old I ordered a Tuscan which was late being built!!!! in the meantime my wife divorced me. I should write a book about it.
It's sh1t, isn't it? Meantime, Farepak punters get to feel the full force of parliamentary suppprt and...er, sod all back.
Same in biz, too: some bunch of oily coiffuered
s have just gone belly up owing me an absolute pigging fortune - only to resurface almost immediately trading similarly. Society has no effective justice for this kind of rampant debt-theft, it makes me simmer to the point of regional skirmish.
As for asset allocation in divorce, well, I think I'll be along to another thread before I break some office wear...
You have my deepest sympathy, squire.
I'm pretty sure that TVR dealers didn't pass any deposit to TVR until the car was about to go into build. Certainly when I ordered my last one HHC took the order, confirmed the date with the factory and then some weeks later asked me for my deposit when the car was about to go into build. I would suggest your dealer is pulling a fast one and I would send him a letter giving him 7 days to return your deposit or you sue him. At the end of the day your contract is with him, not TVR anyway.
Have to say I agree with unrepentant, it is unlikely the dealer passed the deposit on, the factory were not paying for warranty work, parts unavailable etc etc so any dealer would hold the cash til last minute, and in any case i bet all dealers would hold onto the deposit until the last minute purely for cash flow purposes, its the way it is with small businesses.
[quote=marco1958]Problem is you need legal representation probably cost as much as im owed ? quote]
And that is what they hope you will think and that you will leave it there. In my experience, once you push back to these people they realise that you wo;t just go away and they'll honour their legal obligations without your recourse to legal means. They want to avoid that more than you do.
I have found that the threat of a local trading standards office can be effective.
And that is what they hope you will think and that you will leave it there. In my experience, once you push back to these people they realise that you wo;t just go away and they'll honour their legal obligations without your recourse to legal means. They want to avoid that more than you do.
I have found that the threat of a local trading standards office can be effective.
It sounds like things had changed in recent times but it always used to be the case that TVR would not accept an order for a car from a dealer unless it was accompanied by a deposit.
They also insisted that the deposit was paid by the dealer, not the customer i.e. you pay the dealer the deposit and they write a cheque accordingly.
This way your contract was always with the dealer, not the manufacturer/wholesaler, so if you had any problems your only course of redress was with the dealer (which is pretty much how it works with any mainstream manufacturer).
They also insisted that the deposit was paid by the dealer, not the customer i.e. you pay the dealer the deposit and they write a cheque accordingly.
This way your contract was always with the dealer, not the manufacturer/wholesaler, so if you had any problems your only course of redress was with the dealer (which is pretty much how it works with any mainstream manufacturer).
TVR dealers had to pass on the deposit to TVR straight away (£1000+VAT) with a signed copy of the order form to get a build date. A balance of 10% was required along with the confirmed spec prior to build. The dealer would then need to pay for the car in full before it left the factory.
After the 2004 Motor Show at the NEC TVR then wanted 10% deposit on all new car orders.
Not sure if they stuck to it or if the order forms where changed when NS took over but the contract for the order was with TVR (Eng) not the dealer.
Some dealers had the deposit cheques made out to TVR Eng rather than their own company.
After the 2004 Motor Show at the NEC TVR then wanted 10% deposit on all new car orders.
Not sure if they stuck to it or if the order forms where changed when NS took over but the contract for the order was with TVR (Eng) not the dealer.
Some dealers had the deposit cheques made out to TVR Eng rather than their own company.
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