Pre-reg car query

TheGreenFrog

Wonka_2 said:

There's a whole load of assumptions in here that are likely to leave you disappointed.

It's really an argument/threat I will put to them - but I think there is legal substance to it and that it will have effect.  If they are non-cooperative I will probably sue them.  It does not cost much to sue for <£1,000 (which is the rough amount we are talking about) if you know what you are doing (and I sort of do).

born_again said:

Signed any paperwork? Read the T/C?

Many contracts are not formed till you actually take possession.

Also note that will be you breaking the contract, by cancelling & going elsewhere.

No paperwork but there is an email chain and a deposit paid.  So I am reasonably confident a contract has been formed - you cannot require a deposit without some sort of contract being formed but I suppose there may be argument on the terms of the contract, but again I am reasonably confident. 

On the facts, I will not be breaking the contract by cancelling and going elsewhere and even if I were breaking it the garage would have no loss as the resale value has increased.  

molerat said:

My last 3 cars have been pre reg and all have been see it, pay for it and drive it away.  None of this messing around waiting - well, the last one took a couple of weeks for it to come from the head office compound before I saw it but nothing signed until then.  It looks like they have got a car from the manufacturer cheaply as a demo and can't contractually sell it until x months have passed, the ones they previously would have sold without transferring ownership.

Yes the last two out of three cars my wife and I have bought (excluding this one) have been pre-reg and we had no problems.  This one hasn't been used as a demo - it only has <20 miles on it and we have seen the car - so the exact reason for non-delivery is a mystery.  I think the explanation that @facade gave, i.e. that the dealer does not (yet) own the car sounds the most likely.  Agreeing to sell a car you do not own and taking a deposit for it might land you in trouble......

Dave_5150

TheGreenFrog said:

Wonka_2 said:

There's a whole load of assumptions in here that are likely to leave you disappointed.

It's really an argument/threat I will put to them - but I think there is legal substance to it and that it will have effect.  If they are non-cooperative I will probably sue them.  It does not cost much to sue for <£1,000 (which is the rough amount we are talking about) if you know what you are doing (and I sort of do).

What law have they broke? 

TheGreenFrog

Dave_5150 said:

TheGreenFrog said:

Wonka_2 said:

There's a whole load of assumptions in here that are likely to leave you disappointed.

It's really an argument/threat I will put to them - but I think there is legal substance to it and that it will have effect.  If they are non-cooperative I will probably sue them.  It does not cost much to sue for <£1,000 (which is the rough amount we are talking about) if you know what you are doing (and I sort of do).

What law have they broke? 

Contract law.

Dave_5150

TheGreenFrog said:

Dave_5150 said:

TheGreenFrog said:

Wonka_2 said:

There's a whole load of assumptions in here that are likely to leave you disappointed.

It's really an argument/threat I will put to them - but I think there is legal substance to it and that it will have effect.  If they are non-cooperative I will probably sue them.  It does not cost much to sue for <£1,000 (which is the rough amount we are talking about) if you know what you are doing (and I sort of do).

What law have they broke? 

Contract law.

What contract? You have already said you have no paper work. 

TheGreenFrog

The end result is that the status of the car I agreed to buy will forever remain a mystery (to me) but I have been given another.

sheramber

TheGreenFrog said:

Wonka_2 said:

There's a whole load of assumptions in here that are likely to leave you disappointed.

It's really an argument/threat I will put to them - but I think there is legal substance to it and that it will have effect.  If they are non-cooperative I will probably sue them.  It does not cost much to sue for <£1,000 (which is the rough amount we are talking about) if you know what you are doing (and I sort of do).

born_again said:

Signed any paperwork? Read the T/C?

Many contracts are not formed till you actually take possession.

Also note that will be you breaking the contract, by cancelling & going elsewhere.

No paperwork but there is an email chain and a deposit paid.  So I am reasonably confident a contract has been formed - you cannot require a deposit without some sort of contract being formed but I suppose there may be argument on the terms of the contract, but again I am reasonably confident. 

On the facts, I will not be breaking the contract by cancelling and going elsewhere and even if I were breaking it the garage would have no loss as the resale value has increased.  

molerat said:

My last 3 cars have been pre reg and all have been see it, pay for it and drive it away.  None of this messing around waiting - well, the last one took a couple of weeks for it to come from the head office compound before I saw it but nothing signed until then.  It looks like they have got a car from the manufacturer cheaply as a demo and can't contractually sell it until x months have passed, the ones they previously would have sold without transferring ownership.

Yes the last two out of three cars my wife and I have bought (excluding this one) have been pre-reg and we had no problems.  This one hasn't been used as a demo - it only has <20 miles on it and we have seen the car - so the exact reason for non-delivery is a mystery.  I think the explanation that @facade gave, i.e. that the dealer does not (yet) own the car sounds the most likely.  Agreeing to sell a car you do not own and taking a deposit for it might land you in trouble......

I bought a demonstrator that the garage could not 'sell' to me for 6 months.

They remained the registered keeper and th AA inrured me  with no problem. AA said it was similar to a leased car.

noh

Wonka_2 said:

TheGreenFrog said:

The end result is that the status of the car I agreed to buy will forever remain a mystery (to me) but I have been given another.

So to help others was it a genuine UK car through a UK Main Dealer and how did you get the replacement ? Escalation within dealer or escalation to Manufacturer ?

Reason for asking is the words used, especially around certificate of conformity, suggest an imported vehicle through a car supermarket/non-franchised dealer

I just took delivery of a brand new Mazda CX-30 from a franchised main dealer and was provided with a CofC specific to the vehicle VIN.
The provision of a CofC is normal practice when supplying a new vehicle.
https://www.gov.uk/guidance/certificate-of-conformity-for-new-vehicles

Wonka_2

noh said:

Wonka_2 said:

TheGreenFrog said:

The end result is that the status of the car I agreed to buy will forever remain a mystery (to me) but I have been given another.

So to help others was it a genuine UK car through a UK Main Dealer and how did you get the replacement ? Escalation within dealer or escalation to Manufacturer ?

Reason for asking is the words used, especially around certificate of conformity, suggest an imported vehicle through a car supermarket/non-franchised dealer

I just took delivery of a brand new Mazda CX-30 from a franchised main dealer and was provided with a CofC specific to the vehicle VIN.
The provision of a CofC is normal practice when supplying a new vehicle.
https://www.gov.uk/guidance/certificate-of-conformity-for-new-vehicles

OK thanks - I'll scrub my last then. My last new purchase was late '21 so seems the change of process since then

Looks like incompetent dealer/admin issue rather than anything more fundamental

noh

Wonka_2 said:

noh said:

Wonka_2 said:

TheGreenFrog said:

The end result is that the status of the car I agreed to buy will forever remain a mystery (to me) but I have been given another.

So to help others was it a genuine UK car through a UK Main Dealer and how did you get the replacement ? Escalation within dealer or escalation to Manufacturer ?

Reason for asking is the words used, especially around certificate of conformity, suggest an imported vehicle through a car supermarket/non-franchised dealer

I just took delivery of a brand new Mazda CX-30 from a franchised main dealer and was provided with a CofC specific to the vehicle VIN.
The provision of a CofC is normal practice when supplying a new vehicle.
https://www.gov.uk/guidance/certificate-of-conformity-for-new-vehicles

OK thanks - I'll scrub my last then. My last new purchase was late '21 so seems the change of process since then

Looks like incompetent dealer/admin issue rather than anything more fundamental

Definitely dealer/admin issue.
Even if the original has been lost a copy would be readily available from the manufacturer.

Ectophile

born_again said:

Many contracts are not formed till you actually take possession.

Also note that will be you breaking the contract, by cancelling & going elsewhere.

Aren't those two lines self-contradictory?

If the contract is only formed on delivery, then there would be no contract for the OP to break.