New car crashed before delivery...

piblet

Hi there,
I can't quite believe this has happened, hopefully this is the right forum on which to post.
We ordered a Hyundai i20 1.1 crdi via drivethedeal. We ordered in July and were told delivery would be mid to late September, which we were happy with.
We were expecting delivery of the car last Saturday. Unfortunately, I had a call from the person driving the car to us to say that he had crashed it and was returning to base. The car was apparently only just about drivable.
The dealer were reassuring and said they would get us a new car as soon as possible. Ufortunately, it turns out that the only other two ones which were the same spec, colour and engine in the country have been sold. They are therefore suggesting we either a. Wait until December for a new delivery, b. pay extra to get an upgraded model (about £1000 over the cost of the PCP plan) which they say they will supply at cost price, or c. Get a refund of our deposit.
We are going to be quite stuck if we don't get a car. We would settle for the upgraded model (it's the active as opposed to the classic), but it's not the colour we wanted, and we will hardly make use of any of the additional features, so we don't really see why we should pay more for it.
Can anybody tell us where we stand legally, with regards to consumer law? We want to sort out a fair solution, and don't want to leave the dealer out of pocket more than necessary, but also feel a bit like the suggestions so far are a little unfair.
Thanks for your thoughts.

marlot

They're being honest - a surprising number of cars get pranged and repaired before their first owner gets them!

All you are entitled to is a cancellation of the contract and your deposit back. They're trying to be helpful.

jaydeeuk1

Not entirely sure what you expect them to do here - the i20 is in very high demand (some models have 6-12 months wait). They've given you various options which all sound reasona....oh wait, you want to sue them don't you? If you go for emotional trauma, you might be able to sue for your deposit, and any interest you might have accrued (can't remember if courts tend to award 5 or 7 %)
Or you could try and push for a free option on the dec delivery, or negotiate a hire car at cost...

societys_child

a. Wait until December for a new delivery

b. pay extra to get an upgraded model (about £1000 over the cost of the PCP plan) which they say they will supply at cost price

c. Get a refund of our deposit.

The choice is yours what else are you looking for?

but it's not the colour we wanted, and we will hardly make use of any of the additional features, so we don't really see why we should pay more for it.

Ah . . . you want an upgrade but don't want to pay for it

Can anybody tell us where we stand legally, with regards to consumer law?

Yes, take one of the offers a. b. or c.

colino

Take this as divine intervention, get your deposit back and go shopping for nearly new alternative.

piblet

Hi,
Thank you for your replies. I must have phrased things slightly wrong. I'm really not out to screw the dealer, nor am I remotely thinking about suing them. I know this is a very unusual situation.
My question really is this. I've paid a deposit for something. The dealer took the deposit and agreed to supply the product within a set time. For whatever reason, they aren't able to supply the thing I ordered.
Being without a car for that length of time isn't much of an option for us. So, we're pushed towards option b, but, again, it's a substantial amount more expensive.

photome

piblet wrote: »

Hi,
Thank you for your replies. I must have phrased things slightly wrong. I'm really not out to screw the dealer, nor am I remotely thinking about suing them. I know this is a very unusual situation.
My question really is this. I've paid a deposit for something. The dealer took the deposit and agreed to supply the product within a set time. For whatever reason, they aren't able to supply the thing I ordered.
Being without a car for that length of time isn't much of an option for us. So, we're pushed towards option b, but, again, it's a substantial amount more expensive.

Because they cant supply they have offered your deposit back, as has been said what more do you want

marlot

All consumer law says is that you can rescind the contract. ie. get your deposit back.

stuart2088_2

Having recently purchased a Hyundai via DrivetheDeal i think i know who the supplying dealer will be.
If it is the same dealer then i am sure they will do their their best.

You have been given a number of options so i am at a loss as to what else you expect to be offered.

They are a good dealer but i do not think they are capable of turning the clock back.
These unfortunate things happen in life just as cars get damaged coming off transporters.

Can you clarify what you mean by the offer of an upgraded model at more expense to you but you also say at cost price.!!???

The bottom line is due to demand they cannot produce an identical car to what you wanted from thin air.
I waited twelve weeks for my factory order.

I think the options you have been given are very fair and in fact all the dealer can realistically offer.

You have the choice to decide which.:)

forgotmyname

Just think of where that car is going and who the next buyer will be.

Probably totally unaware their as new car with delivery miles has been repaired.

It happens. You were lucky? That it happened as it was being delivered to you. If it happened earlier they would have repaired it and you would be none the wiser.

Abbafan1972

I would just take the deposit back and shop elsewhere for a new car.