Cancelling a car lease

suzilouise

Hi, I paid £299 to arrange a car lease in May 2022 and was told that the car would be delivered in October 2022. It's now Jan 2023 and still no sign of the car. What are my rights regarding cancelling the vehicle? My agreement says - Should you wish to cancel this agreement, or should you fail to take delivery of the vehicle within the specified time you will be liable to pay a fee equal to three payments plus VAT or £1,000.00 plus VAT – whichever is the greater – plus our fee (as above). You may also be liable to pay further a fine as detailed in the supplier's terms. However, it doesn't say what happens if they do not deliver the vehicle in a timely manner. The contract said Delivery Date TBC. I was advised Oct 2022, then Jan 2023, next it was end of Feb 2023. I don't mind losing the £299 but I object to paying £1,000 when the goods haven't been delivered.

HillStreetBlues

Is it a personal lease or business?

suzilouise

HillStreetBlues said:

Is it a personal lease or business?

Hi, it's a personal lease.

HillStreetBlues

When you signed the contract, did  you gave any indication that   you needed it by a certain time, or how long you would be willing to wait?

suzilouise

I didn't. He said October and I said that was a bit of a wait, he replied that he was trying to manage my expectations.  When he gave me the January date he said he was confident that it they would get it before that date.

HillStreetBlues

You could try Consumer Rights Act 2015
https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

As there doesn't seem to have any set date, then you could say there has been an undue delay  (Consumer Rights Act 2015 allows under 28 3a)  as you were expecting in in Oct 2022'

But there is nothing stating what "undue" is, but also they can't leaving you hanging forever.

So if you do want to cancel this, using CRA2015 would be the first action and see what their reply is.

suzilouise

Thank you so much.

MalMonroe

I think you SHOULD mind losing almost £300. That is a lot of money to me. 

They have done it wrong, they've taken your money and they haven't delivered. 

When they say "should you fail to take delivery of the vehicle within the specified time" what exactly was that specified time?

Because they have failed to deliver within any time frame.

Three months is too long for them to hang on to your money and give you nothing in return. The law says 30 days.

I'd send the link that HillStreetBlues has provided to the dealer. Or I might be tempted to print it out and take it in personally to wave under their noses. It's all there in black and white.

Then I'd cancel the order and demand my deposit. Don't let them take that because it's just theft.

All the best, but don't let them off the hook, please!  

Aylesbury_Duck

MalMonroe said:

I think you SHOULD mind losing almost £300. That is a lot of money to me. 

They have done it wrong, they've taken your money and they haven't delivered. 

When they say "should you fail to take delivery of the vehicle within the specified time" what exactly was that specified time?

Because they have failed to deliver within any time frame.

Three months is too long for them to hang on to your money and give you nothing in return. The law says 30 days.

I'd send the link that HillStreetBlues has provided to the dealer. Or I might be tempted to print it out and take it in personally to wave under their noses. It's all there in black and white.

Then I'd cancel the order and demand my deposit. Don't let them take that because it's just theft.

All the best, but don't let them off the hook, please!  

No, it isn't.  Stop giving people incorrect advice in your eagerness to tell them what they want to hear.

sheramber

Have you asked about cancelling?

There may be no need to go in quoting rights.

Asking politely may be all you need to do. 

If that doesn't work that is the time ot look for stronger measures.

born_again

If OP is thinking of cancelling, then what are their options for the replacement?

Many car manufactures are not delivering cars ordered due to parts/chip shortages. 

So my advice before cancelling. Make sure you have another option. Which is sat on a forecourt. Not well it is going to be... Or you will end up back where you are, only with a lot longer wait.
Then talk to the lease company. They may be quite happy to cancel & refund the deposit, knowing it means someone else gets their car sooner.