Car Manufacturer deliberately delaying delivery? 3 January at 1:03PM in Consumer rights 18 replies 732 views

thompct0

Hi,

Ok - so ordered new Car in Feb 2022; since have received 5 delivery date estimates (latest being March 2023). 

Feels like manufacturer wants me to
cancel order (which I don’t want to) as the financials work out better for them. 

Does anyone know how long a manufacturer can delay delivering an order?

I’ve asked the question to them; as I can’t believe they are not fulfilling any new car orders from 2022; and if not why are they allowed to keep taking orders of they can’t fulfil?

Not looking to cancel (I know I can) nor looking to blame (know situation is unique). Interested in knowing what if any pressure I can put on them
to stop pushing my order - or can they do this indefinitely?

Aylesbury_Duck

If you don't want to cancel, then you don't have any leverage.  I suspect it's probably related to the global chip shortage, so you're in the long queue.  If that's the case, nothing you do will accelerate things, so it's a case of waiting or cancelling.

born_again

thompct0 said:

Hi,

Ok - so ordered new Car in Feb 2022; since have received 5 delivery date estimates (latest being March 2023). 

Feels like manufacturer wants me to
cancel order (which I don’t want to) as the financials work out better for them. 

Does anyone know how long a manufacturer can delay delivering an order?

I’ve asked the question to them; as I can’t believe they are not fulfilling any new car orders from 2022; and if not why are they allowed to keep taking orders of they can’t fulfil?

Not looking to cancel (I know I can) nor looking to blame (know situation is unique). Interested in knowing what if any pressure I can put on them
to stop pushing my order - or can they do this indefinitely?

Which manufacture & is it a car that has been either updated or no longer supplied.

Many manufactures can not give a date when car's are going to be built till they actually gets parts at the factory. Many car parts were made in Ukraine, which has made supply of parts even worse.

So at the moment, they could delay for a indefinite period. But that is not in their interests.

In April 2021 Kia/Hyundai had over a million on back order. 

https://www.carscoops.com/2022/04/hyundai-and-kia-backorders-exceed-1-million-vehicles-due-to-parts-shortages-covid-outbreak/

MG actually stopped taking orders at one point last year. Did not last long as it would have meant dealers shutting down.

https://www.am-online.com/news/manufacturer/2022/06/16/mg-halts-sales-of-its-affordable-evs-to-uk-car-buyers

thompct0

Manufacturer is BMW (Model is X5 45e). No restrictions on sales, spec (and options) have been (and still are) available to order for last 12 months (with exception of a cup holder). 

Completely understand supply chain challenges; with semi conductors and part supply from Ukraine - my question is around how can they (manufacturers) keep taking orders for car specifications they currently cannot fulfil?

Reality is more likely they ARE fulfilling newer orders, as they will be at a higher finance rate & model cost. 

They’ve not been able to fulfil my order (because of production issues) for 12 months & they will not commit to a future build date (because of production part availability) - yet they are allowed to take orders (and deposits) for goods they have no idea when they can deliver? 

Just thought there would be some consumer law around this; ie selling goods with an indefinite lead time to deliver. 

TELLIT01

You are likely to be in a long queue of people waiting for the same make/model.  Unless you are willing to pay a premium to be moved to the top of the queue you have no leverage.

user1977

thompct0 said:

Just thought there would be some consumer law around this; ie selling goods with an indefinite lead time to deliver. 

I doubt it, especially if you're entitled to cancel and get back any deposit. It would be pretty normal for them to take orders for cars they haven't built yet - nobody can know for certain whether or when it will be built.

Aylesbury_Duck

thompct0 said:

Completely understand supply chain challenges; with semi conductors and part supply from Ukraine - my question is around how can they (manufacturers) keep taking orders for car specifications they currently cannot fulfil?

Because if they didn't, they'd probably go out of business.  Or at least their dealership network would, which would lead to the same thing.

nyermen

Sorry I don't know for BMW, but with their big competitor audi, the one time I bought a new car in 2016, you get a "build week" after a while - main dealer have access to this info.  I was told iirc, about 6-9 months for my car, and I got the build week after 2 months ish.  First the order had to be "accepted by the factory" which took a week or two.  I seem to recall it was built a few months after that, then there was shipping time ofc.

I mention all that waffle above because I'm surprised they can't tell you when, or even tell you when they can tell you when.

Is there a chance that the spec you choice was wrong (something key was missing), and when they checked they realised, and had to reorder?  Or maybe BMW work that differently.

daveyjp

As above re Audi.  

Manufacturers such as Audi, BMW, Mercedes restrict production of models.  There will be an allocation of that particular car to be built in RHD for UK market.

If demand is high and there's a backlog you may also miss the allocation and have to wait another three/six months.

As your wait is so long it is also likely the specification has or will change and this may also cause delay.

born_again

thompct0 said:

Manufacturer is BMW (Model is X5 45e). No restrictions on sales, spec (and options) have been (and still are) available to order for last 12 months (with exception of a cup holder). 

Completely understand supply chain challenges; with semi conductors and part supply from Ukraine - my question is around how can they (manufacturers) keep taking orders for car specifications they currently cannot fulfil?

Reality is more likely they ARE fulfilling newer orders, as they will be at a higher finance rate & model cost. 

They’ve not been able to fulfil my order (because of production issues) for 12 months & they will not commit to a future build date (because of production part availability) - yet they are allowed to take orders (and deposits) for goods they have no idea when they can deliver? 

Just thought there would be some consumer law around this; ie selling goods with an indefinite lead time to deliver. 

Any proof?

Check out some BMW forums, I think you will not find any proof. They will be far more interested in clearing old orders to stop people cancelling & going elsewhere.

Gavin83

thompct0 said:

Does anyone know how long a manufacturer can delay delivering an order?

Effectively indefinitely. If they physically don't have the car I'm not really sure what else you expect them to do. They can't supply something they don't have. As the consumer if this is a problem you have the option to cancel. You can put pressure on them, threaten to cancel, ask for a discount, etc but ultimately if they don't play ball there's nothing else you can do.

Your theory about them wanting you to cancel doesn't really work either. If the financials really were that bad for them they could just cancel the order themselves.