Garage ordered Manual instead of Automatic

raven999

Just looking for some general advice on a new car I ordered a few months back. I originally ordered an automatic, as I only have an automatic license. The car has now arrived after 10 weeks waiting and it's a manual.

This is a franchised dealer. Garage has kindly offered a refund on my deposit or they could order the correct car, but I have to wait 6-12 weeks. I have been left in a very difficult position as I need the car for my new job and can't really afford to wait for the new one. I've tried to explain the situation to the manager of the garage and asked if I could get a courtesy car. The garage have refused, they've also declined any other compensation.

Alfrescodave

Have you checked the Internet, especially manufacturers main site, to see if any other locations have an automatic ? - although the dealer should have had the decency to do it for you

Quentin

Did you get a binding contract as far as the delivery date is concerned? If so, get some legal advice on how best to pursue the matter.

But if there is no contract regarding delivery, then give up on compensation, and see if they have any goodwill to offer you to keep your business. Otherwise if having a car now is imperative go elsewhere and see if you can get another.

Anihilator

Surely the order paperwork showed a manual had been ordered? If the order form didnt state automatic why didnt you query it?

As for the position. The dealer has offered a perfectly reasonable solution. Either wait for that car or get your deposit back and hit the dealers and find a pre registered/nearly new automatic.

Idiophreak

Anihilator wrote: »

As for the position. The dealer has offered a perfectly reasonable solution. Either wait for that car or get your deposit back and hit the dealers and find a pre registered/nearly new automatic.

I don't see that as being "perfectly reasonable" at all...OP wanted car now, dealer agreed to deliver. Dealer failed to deliver. OP now faces renting a car til the correct car actually turns up, or faces rushing around to buy a car which obviously isn't the one they wanted - otherwise they'd have bought it in the first place.

To put the OP in this situation with no offer of compensation at all is really not reasonable.

Lemonade_Pockets

raven999 wrote: »

Just looking for some general advice on a new car I ordered a few months back. I originally ordered an automatic, as I only have an automatic license. The car has now arrived after 10 weeks waiting and it's a manual.

This is a franchised dealer. Garage has kindly offered a refund on my deposit or they could order the correct car, but I have to wait 6-12 weeks. I have been left in a very difficult position as I need the car for my new job and can't really afford to wait for the new one. I've tried to explain the situation to the manager of the garage and asked if I could get a courtesy car. The garage have refused, they've also declined any other compensation.

Its a crap situation to be in but the garages terms and conditions on the order form will effectively let them get away with handing your deposit back.

However before you get to that stage you could try going further up the management chain speak to the dealer principle. Also speak to the MFR customer services and see if they can help (they might be able to sort out a car) although automatic courtesy cars are a rare beast - its (unfortunately) unlikely they'd register one just for you.

Alternatively can you not continue to drive your current car???

Anihilator

Idiophreak wrote: »

I don't see that as being "perfectly reasonable" at all...OP wanted car now, dealer agreed to deliver. Dealer failed to deliver. OP now faces renting a car til the correct car actually turns up, or faces rushing around to buy a car which obviously isn't the one they wanted - otherwise they'd have bought it in the first place.

To put the OP in this situation with no offer of compensation at all is really not reasonable.

Yes it is perfectly reasonable and more importantly the law.

Unless the OP has an order form stating automaticc then I dont think he has a chance. Quite clearly the wrong car was ordered and one would question why they didnt notice on the order form they will have signed.

Idiophreak

Anihilator wrote: »

Yes it is perfectly reasonable and more importantly the law.

Unless the OP has an order form stating automaticc then I dont think he has a chance. Quite clearly the wrong car was ordered and one would question why they didnt notice on the order form they will have signed.

Hate to say it, but the law is often quite deficient in these matters.

Obviously, if the OP *knew* they were ordering a manual, that's something different - but based on the OP you have to assume they didn't....

And I can't imagine they didn't notice that the price was wrong etc etc. If the OP has order confirmation with "automatic" written on it, do you still view refunding the deposit as reasonable recompense?

Lemonade_Pockets

Idiophreak wrote: »

Hate to say it, but the law is often quite deficient in these matters.

Obviously, if the OP *knew* they were ordering a manual, that's something different - but based on the OP you have to assume they didn't....

And I can't imagine they didn't notice that the price was wrong etc etc. If the OP has order confirmation with "automatic" written on it, do you still view refunding the deposit as reasonable recompense?

Its irrelevant what ever was written on the order (auto or manual) as it will basically say in the terms and conditions if we can't fufil the order we owe you nothing except your deposit. Anything over and above that is good will.

I'm not saying thats right or appropriate but that's the crack basically.

Idiophreak

Lemonade_Pockets wrote: »

I'm not saying thats right or appropriate but that's the crack basically.

I've no doubt that's the crack. It was the description "perfectly reasonable" I was taking issue with - quite often there's some distance between what's "right" legally and what's "right" morally.

olly300

Idiophreak wrote: »

I've no doubt that's the crack. It was the description "perfectly reasonable" I was taking issue with - quite often there's some distance between what's "right" legally and what's "right" morally.

The dealer will only deal in what's legal as they are a business, and the prime legal and moral thing a business has to do is make money for it's shareholders.

If you go further up the chain you may get what's right morally as the company has a name and reputation to defend.

However the OP hasn't answered the question about what it says on the order form i.e whether it specifically said automatic, and what the T&Cs say.