Ordered new car - wrong colour provided!

Danipat

A factory order usually takes 12 weeks so you could get it within 3 months but who wants to wait that long! Itll be so much easier for them if you keep it and a lot of hassle for them to change it so if you do keep it youll be doing them a favour. Dont tell them youre happy to keep it, tell them youre willing too but not happy and see what they offer. Id be happy with anything tbh, if youre not wait for the right colour to come

don9999

New orders for 5008 are quoted at 7-8 months minimum at the moment (checked with several garages).

I agree, would be a lot of hassle (and cost) for them to accept back this 'nearly-new' car which they would have to sell as second-hand.

Hence, to minimise cost to them, and disruption to me, I was seeking adequate compensation. Finally settled for a cash payment, and free service plan.

unholyangel

don9999 wrote: »

OK, resolved. Cash compensation + service plan. Minimised his further losses, and gives me some compensation.

Question on a point of law though.... (too late to be practical, but I'd still like to know)....

He claimed that I did 'not' have the right to a 'replacement' as such - he would have to cancel the contract (financing etc..) and re-order, but at the higher cost - so would cost me at least £3k more.

I had 'assumed' that since the original car was NOT supplied as contracted, it was the garage's responsibility (if I requested) to replace it to my original requirements at NO extra cost to myself!

As I say, is a moot point in this case now, as I have accepted the car anyway.

You have a statutory right to request a replacement - Consumer Rights Act 2015.

Of course the trader could refuse to provide it but then you'd have a claim for damages against them and damages would primarily be assessed on putting you in the same position (or as near as money can achieve it) to the position you would have been in had the contract been performed correctly (which would be with the car you ordered in the colour you ordered on the date it was promised to be delivered). Only if that wasn't possible, would the courts seek to put you into the position you would have been in had you not entered the contract.

FWIW my comment earlier about not being in a worse off position was indeed (as doam suggested) with regards to his comment about not using the car. There would be a potential argument for using the cars for necessary journeys (to get to work, if you'd booked a holiday before this all transpired etc) but it would depend on individual circumstances. If you had use of your old car or another car, were treating it as a dodgem or suddenly decided to go on a 1000 mile round trip, I'd be far less confident of it.

robatwork

don9999 wrote: »

Hence, to minimise cost to them, and disruption to me, I was seeking adequate compensation. Finally settled for a cash payment, and free service plan.

Now after all this lovely to and fro advice, I think the least you owe the good denizens of the Motoring forum is to give details on what you actually got.

don9999

Am sorry robatwork, you may have missed it.


I reported back a couple of days ago (post #39).
We agreed on cash compensation + service plan.


Discussion continued because whilst I have accepted the deal, so negotiations are over, I still wasn't happy with the way I was dealt with. Garage claimed it was going to cost me if I requested a replacement - I thought I had the right to the replacement at NO COST to me.


Of course, any advice is moot in MY case now (because is resolved) but was still of interest to me, and perhaps others who might find themselves in a similar situation.


I DO appreciate all the advice I received before, and since, I agreed a deal.

pulliptears

don9999 wrote: »

Am sorry robatwork, you may have missed it.

No, I think robatwork means a figure.