Car dealership changing contract agreement

Money_Grabber13579

Alanp said:

I had exactly the opposite, I ordered a new Yaris cross in January, I was told the delivery would be end of April, I’d agreed a px as the sales manager said this is what it would be worth by then, I even called back in March and was still assured end of April for delivery, a couple of weeks after that I received a phone call saying it would now be end of July but they would honour the px agreement as it wasn’t my fault and shouldn’t be out of pocket, I collected the car on the 15th and paid exactly what was agreed..

I suspect that is a very unusual outcome. Most contracts for new cars have clauses that if the manufacturer increases the price between sale and delivery, the price paid on delivery may be higher (only really became an issue when people were waiting years for new cars) and I’d be surprised if the same didn’t apply to part ex agreements. After all, you’ve had continued use of the car, put more miles on it, have made it worth less etc.

daveyjp

Its not an unusual outcome from Toyota and Lexus dealers who in my experience understand a long term relationship with a customer is more valuable than getting what you can out of them from a single visit. 

Dave_5150

I had no issues when I collected my car back in March 2022. We had agreed a discounted price for my new car and finance settlement + £6k for my part exchange when I ordered the previous October with an expected deliver in 12 weeks.

The price of my new car price increased and the finance offers changed in terms of contribution and rate during the wait, and the used market cooled a little. I really expected the dealer to try to change the deal in their favour but they didn't.

ginagg

Thank everyone, I had a look last night and due to the new model change in one month, the car I purchased is now about 4k cheaper.  So I have drafted this letter.  Do you think I will get my deposit back?

Dear 

I am writing to confirm my cancellation of the order of a 23 plate RS Line Clio.  The reason for this cancellation is the breaking of the terms and conditions of the sale multiple times.

The car was ordered on 8th April 2023 for a delivery in June.  It was agreed as a point of sale that my car was to be part exchanged for £6300 and was inspected on the day.  I also spent around 2 hours in branch with pre-credit checks, selecting a model that would be here by June, sacrificing my personal choice of colour.  It was agreed but was not in writing that I would bear no more costs for my car that was being part exchanged and that the service and MOT fee would be forfeited by Pentagon, should my new car not be here by the date specified.  A contract was signed, and a deposit was paid, with the amount offered for my car in writing in the contract.

There were issues with the service and MOT, which Gary is aware of and amicably we came to a deal about.  However.  I received a call from Jackie on Friday 28th July to say the car had arrived.  I was working and Jackie agreed to ring me at 5pm that day.  I did not receive that call.  Jackie did call the next day but again I was at work, so I called back when I had the opportunity.

When Jackie and I did get to speak, she said they were revising the part exchange amount by £1200 due to depreciation of my cars value, in the time it has taken for my new car NOT to be delivered.  I countered that my new car will have also depreciated.  Jackie explained how this was not the case and said that the car was not registered, so could just be sold on at the same price.  I informed Jackie I did not accept this revised offer and she said she would speak to her manager and come back to me but is on annual leave after today.  So now I could not collect the new car.

Since this I have done some research and discovered that the new Renault Clio is changing shape and specification in 1 months’ time (Sept) so I checked the cost of this now, seeing as Pentagon want to change the terms and conditions of my sale by reducing the price of the part exchange.  I discovered that across Renault branches across the country, the car I have purchased is now at least £3000 less to purchase.  The cheapest being in the colour I wanted and in Barnsley at £17,300.

I reject the offer to change the terms and conditions agreed at the initial point of sale in favour of the dealership and wish to terminate the contract made with a return of my £550 deposit as the dealership was the one to try to change the legally binding contract.

Please accept this letter as my official notice to cancel this contract due to failing to meet the terms and conditions of sale that were agreed.

Regards

ginagg

Keep_pedalling said:

When I bought my EV just under 2 years ago the dealership made it clear the the trade in price would be subject to depreciation and I had a very long wait for that car. They also provided a free MOT but I had that done just before the three year warranty ran out and it only cost me a new tyre after they found a nail in it. 

I was fortunate that the new car arrived during that strange period where the price of used cars were rising rather than falling so my trade in price was actually higher than I was originally quoted. Depreciation was clearly stated in the paperwork and I would be surprised if there was not a similar clause in yours.

There is nothing about depreciation in the terms and conditions given to me with the contact and it also used the price they gave me as a deposit.  I actually think the salesman at the time, just said whatever to get the sale.  This to me though is a breach.  Thanks 

ginagg

I have drafted a letter of cancellation.  I discovered the car I ordered is now 4k less to buy too!!

Dear 

I am writing to confirm my cancellation of the order of a 23 plate RS Line Clio.  The reason for this cancellation is the breaking of the terms and conditions of the sale multiple times.

The car was ordered on 8th April 2023 for a delivery in June.  It was agreed as a point of sale that my car was to be part exchanged for £6300 and was inspected on the day.  I also spent around 2 hours in branch with pre-credit checks, selecting a model that would be here by June, sacrificing my personal choice of colour.  It was agreed but was not in writing that I would bear no more costs for my car that was being part exchanged and that the service and MOT fee would be forfeited by Pentagon, should my new car not be here by the date specified.  A contract was signed, and a deposit was paid, with the amount offered for my car in writing in the contract.

There were issues with the service and MOT, which Gary is aware of and amicably we came to a deal about.  However.  I received a call from Jackie on Friday 28th July to say the car had arrived.  I was working and Jackie agreed to ring me at 5pm that day.  I did not receive that call.  Jackie did call the next day but again I was at work, so I called back when I had the opportunity.

When Jackie and I did get to speak, she said they were revising the part exchange amount by £1200 due to depreciation of my cars value, in the time it has taken for my new car NOT to be delivered.  I countered that my new car will have also depreciated.  Jackie explained how this was not the case and said that the car was not registered, so could just be sold on at the same price.  I informed Jackie I did not accept this revised offer and she said she would speak to her manager and come back to me but is on annual leave after today.  So now I could not collect the new car.

Since this I have done some research and discovered that the new Renault Clio is changing shape and specification in 1 months’ time (Sept) so I checked the cost of this now, seeing as Pentagon want to change the terms and conditions of my sale by reducing the price of the part exchange.  I discovered that across Renault branches across the country, the car I have purchased is now at least £3000 less to purchase.  The cheapest being in the colour I wanted and in Barnsley at £17,300.

I reject the offer to change the terms and conditions agreed at the initial point of sale in favour of the dealership and wish to terminate the contract made with a return of my £550 deposit as the dealership was the one to try to change the legally binding contract.

Please accept this letter as my official notice to cancel this contract due to failing to meet the terms and conditions of sale that were agreed.

Regards

Gina Davis

Does this sound ok?

HillStreetBlues

My wording would be more like, When I agreed the contract (then go on explaining each breach)  then go in to say, because of these breaches, I deem the contract that I signed  null and void and will require a full refund on monies paid.
I would omit that word cancel, so that can't point to that saying it was you that cancelled.

Dave_5150

Anything you send needs to makes it clear that they have varied the terms of the agreed contract to the point where you will no longer continue with the purchase.

sheslookinhot

The bit about issues at the MoT of your car are irrelevant. I would delete that reference.

ginagg

HillStreetBlues said:

My wording would be more like, When I agreed the contract (then go on explaining each breach)  then go in to say, because of these breaches, I deem the contract that I signed  null and void and will require a full refund on monies paid.
I would omit that word cancel, so that can't point to that saying it was you that cancelled.

Brill, thanks for the tips, I will amend it to state this