New car order - cancellation rights

sparty23

Hi I would like some advice if possible.

I ordered a new car through the drive the deal website, it was a factory order and was told it would take about three months. The took the deposit and said the dealer would be in touch. The dealer indeed did get in touch and told me that although they have registered the order, the factory haven't started making the model year that I ordered yet. It has now been a month and I have still have no word of when construction will begin.

I would like to know what my rights are with regard to cancellation and getting my deposit back. I have signed nothing and my only contact has been via email/telephone.

Thanks in advance.

Hintza

If it's a Japanese car or car company (or any company using Japanese parts) you will know that they are having severe supply problems due to the Earthquake and power outages etc. Ths will impact as greater demand for other marques and world car production has been scaled back in the last few years.

The German companies are suppling the UK as a market of last resort (higher margins elswhere in Europe due currency rates).

I would be careful about pulling an order unless you have a back up plan.

As for your deposit I would suggest you have lost that (you aren't even close to your delivery time yet) but you can always speak to drive the deal and the dealer and se what they have to say.

PZH

sparty23 wrote: »

I would like to know what my rights are with regard to cancellation and getting my deposit back. I have signed nothing and my only contact has been via email/telephone.

But you will have agreed to Terms & Conditions.

You need to read the T&C's carefully.

But, as stated above, a lot of car makers are having issues at the moment because of events in Japan.

gordikin

You must have something in writing about the deposit you paid surely?

bris

Email and telephone orders are legaly binding but come with cancellation rights, this time will now have past but you may still be able to cancel if the car company can not fulfil the contract. You should read the T&C's carefully and see what they say about delays etc.

Freddie_Snowbits

gordikin wrote: »

You must have something in writing about the deposit you paid surely?

What do you think? I saw this geezer outside the Car ASuction and handed over my dough. Goty a lemon.

No, I suggest that OP takes it up with the dealer, but as the order is 'made to order', one could suggest that b...

NeilF3485

I ordered a new German car last year on factory order, was told a 3 month lead time and ended up taking 7 months.

I paid 10% of the £3k deposit up front, and this is what I would have lost if I cancelled the order. That being said, I also hadn't signed anything etc. as finance documents don't need to be signed and remainder of deposit paid until car landed in the UK.

All I would say to the OP is that just because they haven't started building it after a month, that doesn't tell you anything. I'm fairly sure that the time from the start of the build to landing in the UK of my car was about 9 days. So I heard nothing for months and then suddenly it was done! A colleague who bought from the same German company had a 3 month lead, heard nothing but an estimate delivery date, got a call a week before that date saying it was sat on the forecourt ready.

At the moment they are not in breach of anything, they said a 3 month lead time and you have nothing really to suggest they won't meet this time frame? I don't understand why you want a refund when at the moment the process is how one would expect it to be? Surely they could refuse you a refund anyway as they are not outside the statement time frame etc.

sparty23

Hi thanks. Car is a Volvo and I've read they are suffering from supply problems, though as they haven't even begun construction of the model I ordered yet I'm not sure that is the problem. Of course I will talk to the dealer and would really prefer not to cancel but was just keen on the forums advice advice before I make the call. I guess I just wondered if someone with good knowledge if the distance selling regulations had advice on specified delivery dates given the fact that they haven't begun the manufactur yet and so i presume are unlikely to meet the delivery date. Thanks Anyway.

sparty23

Thanks Neil, I had presumed possibly incorrectly that it was gonna take the three months I was given to build the car, so that a month delay before beginning was gonna push back the delivery date by the same amount. As I said I would prefer not to cancel, probably just need more patience.

NeilF3485

sparty23 wrote: »

Thanks Neil, I had presumed possibly incorrectly that it was gonna take the three months I was given to build the car, so that a month delay before beginning was gonna push back the delivery date by the same amount. As I said I would prefer not to cancel, probably just need more patience.

No problem. I suffered a chronic lack of patience waiting for mine (although it was 4 months late!) but was harassing dealer constantly for updates. Dealer should at least be able to tell you if it IS going to be longer than 3 months if you give them a call.

I previously found a list of "current manufacturer lead times" online which was updated monthly, but sadly I can't find it again for you. I know historically Volvo had relatively good stock levels and therefore shorter lead times (8-12 weeks) whereas almost every Audi was on a 16-30 week lead!

Anyway, hopefully the dealer can confirm or deny and you can make an informed decision on what you want to happen next.

gordikin

OP...can you please answer post #4...?