New car doesn't have spec agreed, replacement may not be on scrappage help!

tonym_dj

Hi,

My girlfriend placed a order for a new Fiat in December and agreed to various extras. The car is due for delivery on Monday and the garage today have told her the car has arrived but doesn't have air con installed, which she was quite explicit on.

The garage have said they will discount the remaining balance by the price of the air con or she can have a new car built, however, if she chooses a new car may not fall within the scrappage scheme because the scrappage scheme may end before delivery in 6 weeks time.

My girlfriend doesn't want the current car without air con especially when they are not offering any other kind of compensation.

I feel the new car is down to the garage to sort out as they've not supplied what's been agreed, surely it's their responsibility supply the car under the scrappage agreement as the order was placed in December.

Any advice would be much appreciated!

Thanks
Antony

Cool_Username

I assume you have an order form specifying that the vehicle you ordered has air conditioning? If so it seems pretty open and shut to me - the dealer has taken your money and agreed to supply the car with the specification you've chosen - if this hasn't been provided then they haven't fulfilled their part of the contract.

Personally I don't think the dealership has a leg to stand on.

neilmcl

Isn't the scrappage discount applied for when you order the car, not when its delivered?

tonym_dj

That's exactly what I thought, I think it's an excuse the garage are using in an attempt to palm off a highly spec'd car without air con that they will then struggle to sell on otherwise.

I want to just double check and if possible where we stand legally.

Thanks
Anony

Cool_Username

Do you have an order form in your possession that specifies air-conditioning?

tonym_dj

Yep, we have an order that gives a full breakdown of the model, engine and all the optional extras we've ordered.

natlol

Aircon is available as standard on most models so I am presuming the model that they have got in for you is practically bottom of the range which will effect resale value. I love having aircon and wouldnt buy a car without it but it depends on how important it is to you.

I would get them to sort out what you ordered or walk away.

Cool_Username

tonym_dj wrote: »

Yep, we have an order that gives a full breakdown of the model, engine and all the optional extras we've ordered.

They don't have a leg to stand on. End of.

tonym_dj

natlol wrote: »

Aircon is available as standard on most models so I am presuming the model that they have got in is practically bottom of the range. I would get them to sort or walk away.

This is a Fiat 500 the Pop base model is very standard but we're paying a lot more to practically get base upgraded to what is effectively the standard of most other cars. We're quite concerned about accepting the car without air con as it'll effect it's resale and it'll just seem very strange to have things like bluetooth and handsfree, a special roof but no air con.

Cool_Username

Why would you even contemplate accepting the car? As you've mentioned you have an order form from the dealership with a detailed list of the equipment that the vehicle they provide will have - the vehicle provided doesn't have the said equipment so they haven't fulfilled the order.

Tell the manager at the dealership in no uncertain terms that the vehicle you ordered has not been provided and that you want the correctly 'speced' vehicle that you ordered and paid for.

tonym_dj

Thank you for all of your advice, we only considered accepting it initially as we've waited 3 months already and the car being scrapped has since broken down so it's getting a bit pricey on taxis everyday for work.

We'll demand the car we've ordered and make sure they are aware they need to take responsibility for the discount if for some reason the replacement isn't covered under the scrappage scheme.

In addition what do you think the chances are for getting a courtesy car for the inconvenience?

Thanks once again for all your help it's really appreciated.
Antony