I've been let down on scrappage and want to claim - thoughts and ideas please!

vanoonoo

Hi Everyone :beer:

ok - so, I have an R reg fiesta, which, in July, was valid for the scrappage scheme so I gleefully registered for a new Hyundai i20 diesel. delivery was suggested end sept/early oct. several telephone calls and heated discussions later, I have withdrawn from my order and the scrappage scheme and I am no longer eligible for the scrappage scheme as my fiesta no longer has a valid MOT cert or a Tax disc (it's now declared SORN in anticipation of the new car!). This is becuase not only have hyundai not delivered me a shiny new car as promised and agreed, they now have no idea if my car is even in production and are unable to give me even a vague idea of when a car could be with me.

So, my question, oh wise ones, is, do you think I stand a chance going to the small claims court to get the "opportunity" loss from Hyundai? Has anyone heard of anyone who has been able to claim for losses incurred as a result of no longer being able to participate in the scheme due to failure on behalf of the supplier?

looking forward to hearing your thoughts!

:T

Lemonade_Pockets

The first point is that you would claim from the Dealer not Hyundai.

Secondly have you read your order form?

For instance the last order form i had said this on the back of it
"The seller will use his best endeavours to secure delivery of the vehicle and the accessories on the desired delivery date or dates but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of the seller."

Thirdly in the absence of such a T+C in your contract you have to "prove" beyond reasonable doubt that the loss you incurred was foreseeable by the other party.

I don't have legal training so can't really help but check out those few things first.