Advice - Cancelling A Late Delivery Order

KorkyKat

Hello. Hoping you can help me with this.

I have ordered a car from a dealer - not online. I paid a large deposit. The salesman gave me a verbal delivery date of three weeks.

On the agreement form they quote the 1979 Trading Act (out of date).
It says that deposits are not refundable.

What I would like to know is am entitled to a full refund of my deposit if it is not delivered within the three weeks?

Thank You In Advance.

Aylesbury_Duck

KorkyKat wrote: »

Hello. Hoping you can help me with this.

I have ordered a car from a dealer - not online. I paid a large deposit. The salesman gave me a verbal delivery date of three weeks.

On the agreement form they quote the 1979 Trading Act (out of date).
It says that deposits are not refundable.

What I would like to know is am entitled to a full refund of my deposit if it is not delivered within the three weeks?

Thank You In Advance.

I wouldn't have thought so, they would be entitled to keep an amount to cover any losses they incur as a result of your cancellation.

What does the agreement actually say about deposits and cancellations?

Ectophile

No, you're not. Not unless it says so in the contract you will have signed. Any estimate that the sales person gave you is unlikely to be enforceable, especially since you probably have no evidence of it.

KorkyKat

Ectophile. I forgot! I sent them an email a few days later stating delivery date three weeks.

Aylesbury. As noted already. The Sales Form says: Deposits On Cancelled Purchases Are Not Refundable.

It raises the question how long can they take before fulfilling an order? Obviously not indefinite.

Aylesbury_Duck

KorkyKat wrote: »

Ectophile. I forgot! I sent them an email a few days later stating delivery date three weeks.

Aylesbury. As noted already. The Sales Form says: Deposits On Cancelled Purchases Are Not Refundable.

It raises the question how long can they take before fulfilling an order? Obviously not indefinite.

Ok, but that's a bit different to your opening comment on it. What I means was: Is that all it says? Nothing about any circumstances when they fail to meet their contractual obligations?

Obviously not indefinite but reasonableness comes into play. A three day delay on a lead time of three weeks might be considered reasonable, a three week delay might not be.

dj1471

Not unless delivery is guaranteed during that period, which it doesn't sound like it is.

They're not allowed to simply keep your deposit if you choose to cancel however, but that's a battle for another day.