Cancelling a new car build.

AdrianC

The_Fat_Controller said:

Surely a car ordered with customer specified extras counts as bespoke and therefore falls out of the 14 days to change your mind after delivery.

AIUI, tick-box options from the manufacturer's configurator do not count as "bespoke".

The_Fat_Controller

AdrianC said:

The_Fat_Controller said:

Surely a car ordered with customer specified extras counts as bespoke and therefore falls out of the 14 days to change your mind after delivery.

AIUI, tick-box options from the manufacturer's configurator do not count as "bespoke".

If it was sat on the forecourt with "extras" then I am sure that's the case, however the car was ordered to their spec and will be built on Friday, to me that's bespoke.

As that is still 4 days away, I cannot see why the build cannot be cancelled by the manufacturer.

However, as for return of the deposit, that'll depend on the contract.

rachael204

Thanks all. I am going to reply to their email and set out the facts - I can’t/won’t pay so it’s up to them what they do! As far as I am concerned they can keep the deposit, that’s fair as I did place an order. But you can’t get blood out of a stone - they can’t make me pay them with what I don’t have!

neilmcl

The_Fat_Controller said:

AdrianC said:

The_Fat_Controller said:

Surely a car ordered with customer specified extras counts as bespoke and therefore falls out of the 14 days to change your mind after delivery.

AIUI, tick-box options from the manufacturer's configurator do not count as "bespoke".

If it was sat on the forecourt with "extras" then I am sure that's the case, however the car was ordered to their spec and will be built on Friday, to me that's bespoke.

As that is still 4 days away, I cannot see why the build cannot be cancelled by the manufacturer.

However, as for return of the deposit, that'll depend on the contract.

Well you'd be wrong. Bespoke, means made to your personal specifications, ie, if you had special seats with your initials embroidered in the leather, or had  a special, non-optional paint finish. Choosing form a list of optional extras does not make it bespoke in terms of the law.

rachael204

This is from the info they sent me - so from what I am reading I can cancel? 

 Where you deal as a Consumer and the Vehicle Order Form has been negotiated and entered into and the Vehicle then delivered (i) without any face to face contact between you and the Seller; or (ii) entirely in a place which is not the business premises of the Seller, then you may give the Seller notice that you wish to cancel the Contract without giving any reason for doing so within 14 calendar days of the date of delivery of the Vehicle to you, unless the Vehicle is being built to, adapted or converted to your specification after it has left the Vehicle manufacturer’s factory in which case this right to cancel does not apply. If you wish to exercise this right, you must send written confirmation by email or letter to the Seller. You can choose, but do not have, to use the cancellation form at the end of these Terms when providing us with your written notice of cancellation.

 If you cancel the Contract under clause 11.1, then the Seller will reimburse any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation where the Vehicle has not been delivered or, where it has been delivered, within 14 days of you returning the Vehicle to the Seller together with the V5, all keys, the Vehicle’s book pack and all Vehicle accessories. You must return the Vehicle within 14 days of your cancellation at your cost. The reimbursement will be made using the same means of payment as you used to pay the Seller, unless you and the Seller have expressly agreed otherwise.

The_Fat_Controller

Looks like you can cancel and get your deposit back with no issues, as long as you don't go to their business premises !

( I stand corrected about what is considered bespoke regarding a vehicle, lines 5/6/7 of the above extract makes it clear )

The_Fat_Controller

This web page also confirms your understanding 

https://www.thecarexpert.co.uk/bought-a-car-and-changed-my-mind/

From the Cancelling your order - what rights do you have ? paragraph

If you bought a car at a distance or off-premises, then you are entitled to your full deposit back, regardless of your reasons or any money the dealer has spent.

rachael204

The_Fat_Controller said:

This web page also confirms your understanding 


From the Cancelling your order - what rights do you have ? 
If you bought a car at a distance or off-premises, then you are entitled to your full deposit back, regardless of your reasons or any money the dealer has spent.

Exactly! I think they are just chancing their arm - hoping I will just magically find over £50k down the back of the sofa and complete the sale! 

Grumpy_chap

rachael204 said:

This is from the info they sent me - so from what I am reading I can cancel? 

 Where you deal as a Consumer and the Vehicle Order Form has been negotiated and entered into and the Vehicle then delivered (i) without any face to face contact between you and the Seller; or (ii) entirely in a place which is not the business premises of the Seller, then you may give the Seller notice that you wish to cancel the Contract without giving any reason for doing so within 14 calendar days of the date of delivery of the Vehicle to you, unless the Vehicle is being built to, adapted or converted to your specification after it has left the Vehicle manufacturer’s factory in which case this right to cancel does not apply. If you wish to exercise this right, you must send written confirmation by email or letter to the Seller. You can choose, but do not have, to use the cancellation form at the end of these Terms when providing us with your written notice of cancellation.

 If you cancel the Contract under clause 11.1, then the Seller will reimburse any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation where the Vehicle has not been delivered or, where it has been delivered, within 14 days of you returning the Vehicle to the Seller together with the V5, all keys, the Vehicle’s book pack and all Vehicle accessories. You must return the Vehicle within 14 days of your cancellation at your cost. The reimbursement will be made using the same means of payment as you used to pay the Seller, unless you and the Seller have expressly agreed otherwise.

I am not sure that you can cancel YET.

That clause is relating to the whole thing all being remote and, importantly, it says when the order " has been negotiated and entered into and the Vehicle then delivered (i) without any face to face contact between you and the Seller" you can cancel "without giving any reason for doing so within 14 calendar days of the date of delivery of the Vehicle to you"

Reading that suggests you actually have to get the vehicle delivered before you can cancel.

The second paragraph does refer to cancel "where the Vehicle has not been delivered"

There is clearly a massive lack of logic if you have to have the car delivered before you can cancel if you are minded to cancel before that point.

Given that this is over £50k, hopefully someone else with more precise knowledge will comment.  If you are getting on well with your Conveyancing Solicitor, would they informally have a quick look through the car contract as a favour?  Doughnuts all round in the lawyer's office...


Just, FWIW, a £50k car is not, in my book, just

rachael204 said:

 a standard model with a couple of extras added to build but nothing of the ordinary, just standard add one. 

Are you still selling the house, though?  If so, this might self-resolve and you still get the nice car.

macman

rachael204 said:

The_Fat_Controller said:

This web page also confirms your understanding 


From the Cancelling your order - what rights do you have ? 
If you bought a car at a distance or off-premises, then you are entitled to your full deposit back, regardless of your reasons or any money the dealer has spent.

Exactly! I think they are just chancing their arm - hoping I will just magically find over £50k down the back of the sofa and complete the sale! 

No, but since you own a property, you presumably have assets worth the full sale value, so, were the contract binding, they would sue you accordingly, and should they win, would force the house to be sold. Not that this is going to happen..
Notwithstanding, it does seem somewhat unwise to commit to buying a new car based on using capital from a house that you haven't actually sold yet. A deposit is not an 'option to purchase': it confirms a contract.