New Car Order Delayed - Can The Deposit Be Claimed Back?

Slyder_2

Hi. I ordered a new Ford Focus ST2 last november from an Internet Broker, placing down a £500 deposit. The car was estimated to be delivered in March 2006.

There have been severe delays in sourcing the car, and so now 7 months later I still do not have a build or delivery date for the car. It is an ongoing wait....

I asked the Broker to cancel my order, as I cannot go on waiting forever for a car. They said:

"When a customer cancels an order, it is subject to a cancellation fee. We are however waivering the cancellation fee on the ST’s and offering a 50% refund of deposit instead"

The question is, am I entitled to the whole £500 back? Can I use Section 75 in this case, because the goods have been delayed? Thanks, Rob

Bossyboots

Surely as it is they who are in breach of your contract, they cannot deduct anything and should refund your deposit. How easy for them otherwise to offer to supply cars, take deposits and only give half back when the promised vehicle does not materialise.

The delay has been three months now. I think that is long enough to wait so yes, hold them in breach of contract and tell them they must repay the full deposit as they have failed to supply the goods. If they get difficult, get onto trading standards.

Reaper

The Sale of Goods Act, 1979 says that a retailer must deliver to you 'within a reasonable time'. It does not define how long that is but, unless they warned you it would take this long before before you ordered, I would say 7 months is ludicrous. They are therefore in breach of contract and you are entitled to a full refund.

I suggest you quote this act next time you contact them. Companies often try it on but then back down as soon as they realise you know your rights.

The_Boss

This needs to be moved to the right forum

matto

You should be able to claim a full refund under the Distance Selling Regulations. I don't think cars are excluded. You have until 7 days after the item has been delivered to cancel under the DSR. They are not allowed to charge a restocking fee or anything of that ilk.

Seems the OFT have produced a guidance leaflet about DSR for motor dealers selling online. I'll leave it for you to read but here's the link

http://www.oft.gov.uk/NR/rdonlyres/446DFD28-F6E2-4F5E-9AE7-20CEDF298654/0/oft689.pdf

Bossyboots

Reaper wrote:

The Sale of Goods Act, 1979 says that a retailer must deliver to you 'within a reasonable time'. It does not define how long that is but, unless they warned you it would take this long before before you ordered, I would say 7 months is ludicrous. They are therefore in breach of contract and you are entitled to a full refund.

I suggest you quote this act next time you contact them. Companies often try it on but then back down as soon as they realise you know your rights.

They are only in breach by three months. The original delivery agreed was March 2006.

Slyder_2

Thanks for the replies. Here is some feedback I had from the company:

4/4/06
"We do have a few build dates through now, but nothing on your particular vehicle. As you are probably aware, there is a nationwide problem with the supply of these vehicles. I’m afraid that we are just playing a waiting game"

19/06/06
"We have now seen some vehicles and have some more delivery dates set for September but I’m afraid that yours is not one of them"


Just to clarify, they advised me originally in a phone call that the car should be ready in March, but this is not in writing. Can I still pursue the advice given to me in this thread?

Also, should this thread be moved to "The (Consumer) Vent Board"?
If so, I do not know how to do that, so help please!

Thanks,
Rob