Help - lease car delayed - Cancellation Fee?

carrieh1

Hi, I'm hoping someone can give me some advice on a predicament I'm in with National Vehicle Solutions.

I ordered a car for an 18 month lease, 18 monthly payments with no deposit on the 9th June of this year. I was advised at the time that it was expected by late July or early August. I had to hand back my company car at the end of June so prepared myself to be car-less for a month. I paid the £200 admin fee and returned my order form.

However, when I chased for updates on the order, the estimated delivery date became later and later, and eventually was confirmed to arrive in the UK 7th October, with delivery to me expected around the 14th. At this point I asked if I could swap my order slot with someone else, or take a stock car, but was told this was not an option.

My company have since introduced a great deal in their car scheme, which I'd like to change to, as I've lost all faith in the leasing company.

Today I advised that I would like to cancel my order and requested that they pay me back my administration fee as they could not provide the car within the one month time frame that was promised (wording on my order form is below)

SUBJECT TO
I/We hereby agree to accept delivery of the above vehicle, within one month of the requested delivery date, subject to availability and satisfactory completion of finance documentation.
I/We fully understand that the terms and conditions set out below are subject to revision due to either, “National Vehicle Solutions" being unable to obtain the above vehicle at the figure upon which their quotation has been based, or should there be an increase in funding and/or manufacturing price increase/charges beyond “National Vehicle Solutions " control. I/We shall have the option to cancel in this case and any monies paid will be refunded.
By signing this form you are entering into an Agency Contract (for the supply of services) and a Supply Contract (for the supply of goods). National Vehicle Solutions will act on your behalf to source the vehicle(s) as described as above. You will not have the right (under Distance Selling Regulations) to cancel the Agency Contract once we have begun to source the vehicle(s).
In the event of me/us canceling this order for any reason, other than stated or failing to take delivery within the specified period I/We shall be liable to pay a cancellation fee of £ 500.00 to “National Vehicle Solutions ". In the event of National Vehicle Solutions “" being unable to obtain the vehicle then "National Vehicle Solutions” will not be responsible for any losses you may have incurred.


They have come back to say they now may be able to get a stock car (someone else's cancelled order) which matches my very standard spec, and that if I choose to cancel I have to pay £500 as they will be able to deliver the car before the "one month" runs out (end of September). But it seems so unfair that this option was only given to me when I asked to cancel, and was denied before!

I then asked if I could transfer the contract to my sister as an alternative, at which point they said that the rates had gone up and she'd have to pay more (including a £1,200 deposit!). So I went back to say I don't need the admin fee back, but I cannot and will not pay the £500 cancellation fee. They said they will continue to source a stock car for me until I give firm notice of my cancellation in writing.

I have lost all trust in the company and want to give my notice of cancellation in writing, but am scared that they can forcibly take the £500 (my bank details were on my finance approval documents) or sue me for losses. Another part of me thinks that they are just expecting me to back down and pay it, and probably wouldn't really take legal action if it came to it.

I commute 25 miles each way for work and am now in a position where I will need to buy something very soon to fill the gap, as I've been unexpectedly left without any car, which has caused me a lot of expense and inconvenience. Had they delivered the car when they said they would I wouldn't have cancelled, but now I have no interest in taking the car or having any further dealings with this company.

Does anyone have any suggestions as to what my rights are and how I should proceed?

Many thanks in advance!

thescouselander

Is the stock car exactly the same (to the letter) as is described on your contract?

Ectophile

Does the car they are tentatively thinking of offering actually meet the specification.

All this to-ing and fro-ing seems a bit vague so far. From what you say, you haven't actually cancelled, and they haven't actually offered you the car for certain.

If they can't provide the car, then you have a right to cancel. But if they can, then you don't, however much you may have lost confidence in them.

carrieh1

I agree, I've only had vague information from them so far. They say they have vehicles in stock, but these seem to be other people's allocations that may or may not be available, not actual stock cars. I've been told "I will be in a position on Friday to generate your agreement with a vehicle from stock that matches your order requirements." NO mention of how long the new vehicle will take.

More worryingly, I called the dealer directly this afternoon, and they'd never heard of them. I then asked for proof that they'd ordered the car and had a very rude response.

If I cancel now, with no promise that a car will be here, but again no proof that the car can't be supplied, are they able to take action against me to make me pay the £500 fee? Please help!

Ectophile

At the moment, I don't believe that you have any right to cancel without paying the fee. They have until one month after the stated delivery date to deliver the car.

You can only cancel if they miss that deadline, or if they admit that they cannot meet it.

Your only possible hope would be to get a court to declare that the contract was unfair (under the Unfair Terms in Consumer Contracts Regulations 1999) on the basis that the rights under the contract are unbalanced - they can fail to deliver without penalty, but you have a penalty if you want to cancel.

But you would need to get proper legal advice on that, and I suspect it would be well past mid-September before it came to court anyway.