car dealership cancelled my order after I complained to manufacturers about poor cs

neilmcl

Bantex wrote: »

Sometimes there is a reason, such as they have figured they are going to make an overall loss on the deal and would rather dump it.

That doesn't make it acceptable, does it

agrinnall

georgiestar wrote: »

Apparently the funds should be in my account tomorrow - it takes a few days to clear, never had that before?
If we were to order at another dealers and it was at a higher cost (which im pretty sure it will be as we did a lot of research) how would we go about getting the difference in cost from this dealership?

You'd need to invoice them, but they'll probably reject it. In which case you would need to start a Small Claim (probably best to send a Letter Before Action first in case that encourages them to pay up) - you'll need to be sure of your case though, so make sure the contract says what you hope it does.

https://www.moneyclaim.gov.uk/web/mcol/welcome

georgiestar

Thanks for the advice. Just phoned again and the person said that the order was cancelled because my partner was rude to a receptionist. Guess I have no case to make even though the order is in my name?
Will be giving my husband a talking to this evening

ljonski

Will be giving my husband a talking to this evening

Ask him later to post on the relationships thread!

frugal_mike

georgiestar wrote: »

Apparently the funds should be in my account tomorrow - it takes a few days to clear, never had that before?
If we were to order at another dealers and it was at a higher cost (which im pretty sure it will be as we did a lot of research) how would we go about getting the difference in cost from this dealership?

That depends on whether or not the contract had concluded and whether or not it allowed the dealer to cancel. You can only claim your losses if they have breached the contract. If the contract has not yet concluded then it is not yet binding on either party so they are free to pull out without breaching anything. The fact you paid a deposit implies it has concluded, but that's not guaranteed.

Also if the contract allows them go cancel then they haven't breached anything, so again you can't claim losses. As others have mentioned it may be an unfair term if the contract allows them to cancel but not you, which may make such a term unenforceable.

If you are owed losses then you would have to sue them for it (unless they agree to pay). However if you have paid anything using credit (credit card or finance etc) then the credit provider are jointly and severally liable for the contract under Section 75 of the Consumer Credit Act so you can claim your losses from them.

All of this is moot unless you actually have any losses though.

photome

frugal_mike wrote: »

That depends on whether or not the contract had concluded and whether or not it allowed the dealer to cancel. You can only claim your losses if they have breached the contract. If the contract has not yet concluded then it is not yet binding on either party so they are free to pull out without breaching anything. The fact you paid a deposit implies it has concluded, but that's not guaranteed.

Also if the contract allows them go cancel then they haven't breached anything, so again you can't claim losses. As others have mentioned it may be an unfair term if the contract allows them to cancel but not you, which may make such a term unenforceable.

If you are owed losses then you would have to sue them for it (unless they agree to pay). However if you have paid anything using credit (credit card or finance etc) then the credit provider are jointly and severally liable for the contract under Section 75 of the Consumer Credit Act so you can claim your losses from them.

All of this is moot unless you actually have any losses though.

Guessing they wont be known until another car is sourced

LilElvis

georgiestar wrote: »

Thanks for the advice. Just phoned again and the person said that the order was cancelled because my partner was rude to a receptionist. Guess I have no case to make even though the order is in my name?
Will be giving my husband a talking to this evening

If your husband refutes their claim then you could ask for a copy of the recording. All the main dealers I've spoken to near me record calls 'for training purposes'.

As VW head office do seem to be proactive perhaps you could use them to source you another car at the price you agreed as a gesture of goodwill. Worth a try at least.

arcon5

Bantex wrote: »

You have the right to take your business elsewhere. I assume they have returned your deposit.

Some customers are just more trouble than they are worth.

Bantex wrote: »

Dealers just buy the cars from the manufacturer. Most would rather deal with reasonable people who do not put in complaints because they do drop everything to deal with just one customer.

They probably just decided that you would not be profitable in the long run.

Maybe you both need to have a re-read of the op. And if you still stand by these ridiculous comments then maybe go in to a dark room and think back to what point in life you lost the plot!

Don't take much notice op - clearly some people think it's okay to be treated poorly when spending £000s with a company.

They are breaching the contract so could potentially be liable for a lot more than merely your deposit. But also any out of pockets such as travel expenses etc. Also if you exhaust their complaints procedure with no luck you could also potentially buy it elsewhere and sue them if there is any differences in price etc.

arcon5

frugal_mike wrote: »

That depends on whether or not the contract had concluded and whether or not it allowed the dealer to cancel. You can only claim your losses if they have breached the contract. If the contract has not yet concluded then it is not yet binding on either party so they are free to pull out without breaching anything. The fact you paid a deposit implies it has concluded, but that's not guaranteed.

Also if the contract allows them go cancel then they haven't breached anything, so again you can't claim losses. As others have mentioned it may be an unfair term if the contract allows them to cancel but not you, which may make such a term unenforceable.

If you are owed losses then you would have to sue them for it (unless they agree to pay). However if you have paid anything using credit (credit card or finance etc) then the credit provider are jointly and severally liable for the contract under Section 75 of the Consumer Credit Act so you can claim your losses from them.

All of this is moot unless you actually have any losses though.

Just because a contract hasn't been concluded (IE goods changed hands) doesn't mean a binding contract hasn't been entered in to!

photome

arcon5 wrote: »

Maybe you both need to have a re-read of the op. And if you still stand by these ridiculous comments then maybe go in to a dark room and think back to what point in life you lost the plot!

Don't take much notice op - clearly some people think it's okay to be treated poorly when spending £000s with a company.

They are breaching the contract so could potentially be liable for a lot more than merely your deposit. But also any out of pockets such as travel expenses etc. Also if you exhaust their complaints procedure with no luck you could also potentially buy it elsewhere and sue them if there is any differences in price etc.

I agree but just wondered who "both" are