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PCH Cancellation

A couple of months ago I signed a PCH agreement for a car to be delivered on 23rd Sept. Two days ago the leasing company phoned to say the car had been delivered but it was of a lower spec. This would still cost me the same monthly fee.

I said I didn't want the car as it was of the wrong spec. They said there would be an early exit fee but I disagreed as they failed to order the car I wanted.

Am I within my rights to refuse the car? Will I still have to pay the exit fee? Do I need to write to the company to formally refuse the car?

Thanks.

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If they're not delivering the car as described in the contract then they're clearly in breach and no you shouldn't have to pay any fees.

    Which company is it?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    It depends.

    Is the change in spec because the car itself is a lower trim level, or missing options?
    Or is it the car you ordered, but the manufacturer have changed the standard equipment in the meantime?

    How is the car described on your order? Does it meet that description?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AdrianC wrote: »
    It depends.

    Is the change in spec because the car itself is a lower trim level, or missing options?
    Or is it the car you ordered, but the manufacturer have changed the standard equipment in the meantime?

    How is the car described on your order? Does it meet that description?
    Good point.
  • The leasing company is Stoneacre.

    The car that has been delivered is a lower trim level to what I ordered. The manufacturer hasn't changed anything since I ordered it. The leasing company just took delivery of a car with a lower trim level.

    I ordered the Seat Leon FR Technology Titanium. The next spec down is the FR Technology. The leasing company didn't say which spec was delivered, just that it was the one below the one I ordered.
  • MataNui
    MataNui Posts: 1,075 Forumite
    In that case its simple. They have not upheld their part of the contract. They either source what was agreed or there is no contract. You dont need to pay exit fees.
  • Thanks.

    All I've had is this one phone call. Do I need to put something in writing to them?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    I ordered the Seat Leon FR Technology Titanium. The next spec down is the FR Technology. The leasing company didn't say which spec was delivered, just that it was the one below the one I ordered.
    Not a terribly hard mistake to make, then.

    Looking at Seat's website, it appears that the only difference is 18" alloys instead of 17", and a couple of bits of bodykit.

    Unless those are absolute make-or-break for you, then you stand a far better chance of success if you talk to them about negotiating a reduction in the monthly lease, rather than pushing to reject.

    It is, of course, entirely possible that the quote they gave you was for the car that's been ordered and received, rather than for the one you understood it to be for. How did their quote compare with other suppliers at the time?
  • MataNui
    MataNui Posts: 1,075 Forumite
    As long as the OPs order sheet says 'Seat Leon FR Technology Titanium' then if thats not what has been delivered the OP is 100% entitled to walk and pay nothing.The technicalities of exactly whats different and how important they may be to one person or another is not relevant. Nor is how competitive the quote for the stated model is compared to other lease companies.

    The OP has a number of options. He can demand they source what was ordered, He could negotiate a lower fee based on what they delivered. He can if he wants just walk.

    OP, Its not a cancellation as they are thinking about it. They haven't supplied what was ordered (yet). Make sure you put everything in writing and back it up with copies of the order sheet etc.
  • Thanks all for the input.

    I've decided to at least contact the company and see if I can improve the deal rather than walking away.
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You'd be better off with the smaller alloys anyway, as the ride on the Leon is pretty firm as standard. But of course negotiate a lower fee. The dealer doesn't have a leg to stand on if the order you signed is the higher spec.
    No free lunch, and no free laptop ;)
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