New Car Ordered- No Car

hiimnew2018

Hi everyone,
I am new to this forum and hoping you might be able to advise me.
I ordered a new car yesterday (on finance)- signed the contract and was approved.
I have had a phone call from the company I dealt with today to say the car was on 'special offer' and all of the allocated cars to the offer have now gone. So I cannot have that car on that deal.
Feeling really disappointed and I have dealt with this company for my last car and they were great.
My question is- do I have any rights? I most certainly would have been charged if I had cancelled the order (it says so on the contract) and I can find no where on the contract to say they may not be able to fulfil the order.
They are searching for a new deal for me but feeling a little annoyed. Also, I have obviously been credit checked for this with no car at the end of it so it will be on my credit file!
Thanks in advance

Merlin139

Maybe you would like to name and shame the company concerned? What particular deal are you referring to?

kmb500

hiimnew2018 wrote: »

My question is- do I have any rights? I most certainly would have been charged if I had cancelled the order (it says so on the contract) and I can find no where on the contract to say they may not be able to fulfil the order.

Rights for what? If they haven't got any of those cars, what do you expect them to do?

If you haven't been charged and you're presumably able to back out of the finance if you don't want their replacement offer - what have they actually done wrong apart from being a pain in the a$$ ? They havent you left financially worse off. You had a credit check, okay, a lot of people have credit checks not sure what the big deal with that is.

Not trying to be rude just trying to understand apart from leaving you frustrated (understandably) what have they done wrong.

forgotmyname

They had a car, before you completed the deal they sold the car to someone who signed before you did. You cannot force them to give you a car they do not have.

1 credit check wont be an issue.

macman

Is this a new car, as in factory fresh, or a new car to you?

DUTR

forgotmyname wrote: »

They had a car, before you completed the deal they sold the car to someone who signed before you did. You cannot force them to give you a car they do not have.

1 credit check wont be an issue.

Personally I don't think they even had the car to sell the finance (which it's the finance they want to sell).
My last 2 cars I've had brand new factory order, the dealers only seem interested in selling finance.

unholyangel

If there had been all the elements of a legally binding contract - offer, acceptance, consideration etc then that deal is binding and they cannot change their minds simply because its no longer going to make them as much profit as they thought.

I would suggest that all the necessary elements are present - otherwise you wouldn't have been subject to a cancellation fee if you had cancelled.

motorguy

unholyangel wrote: »

they cannot change their minds simply because its no longer going to make them as much profit as they thought.

Yes, they can - and they have with the O/P.

I can understand the O/P is miffed, but if the dealer cant do the deal, then they cant do the deal.

sleepymans

Tell them you expect them to find the next to nearest higher spec model at the original agreed price, or you will name and same, then take your valuable business elsewhere.

I suspect this is a low end make/model?

AdrianC

My bet is that it's a pre-WLTP car, perhaps pre-registered before the end of last month, perhaps part of the small "legacy" volume that's allowed to be registered later than the main cut-off.

If the importer's run out of stock, they've run out of stock. Terribly sorry, full return of any monies paid. End of.

So what else do you want?

motorguy

sleepymans wrote: »

Tell them you expect them to find the next to nearest higher spec model at the original agreed price, or you will name and same, then take your valuable business elsewhere.

I suspect this is a low end make/model?

I would have thought if the dealership could offer a similar deal, they would have, so your "threat" wont hold much sway.

And the O/Ps business isnt "valuable" if the dealership would otherwise be losing money on the deal