PCH Contract- Car not being delivered till december- can I cancel without fee

jvint1

MrFrugalFever said:

I often find the best approach is to discuss it amicably with the sales manager and hope that they can come to some sort of arrangement with them. It will be the dealership charging you not the finance company.

thanks I will go back to them and try this

jlfrs01

jvint1 said:

2(c) If the Goods are not delivered within three calendar months of the estimated delivery date the Customer or Sytner

may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit

shall be returned and Sytner shall be under no further liability to the Customer.

What was the original delivery date given when the vehicle was ordered? If the mid-December estimate is 3 months later than what you were told at the point of order then this clause could be your "get out of jail card" to allow you to cancel without penalty. It looks like the PCH contract you've entered into with Sytner is less punitive than JLR's one as there's no specific percentage mentioned for voluntary cancellation or default which means you've a chance of negotiation, if that's what you end up having to do. 

jvint1

jlfrs01 said:

jvint1 said:

2(c) If the Goods are not delivered within three calendar months of the estimated delivery date the Customer or Sytner

may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit

shall be returned and Sytner shall be under no further liability to the Customer.

What was the original delivery date given when the vehicle was ordered? If the mid-December estimate is 3 months later than what you were told at the point of order then this clause could be your "get out of jail card" to allow you to cancel without penalty. It looks like the PCH contract you've entered into with Sytner is less punitive than JLR's one as there's no specific percentage mentioned for voluntary cancellation or default which means you've a chance of negotiation, if that's what you end up having to do. 

Hi- thanks for this- I placed order on July27th- they always said 6 months tbf so not sure I can use that- ok so it looks like because no numbers are shown in contract then I should be asking if they could reduce or waive is that right?

jvint1

They are playing hardball and are saying they wont do anything with the fee- do I have any other options?

MrFrugalFever

This is going to be a tricky one for you, I think keep stuff in writing and make it very clear that you formally request a cancellation of your order due to a change in personal circumstances. The change is significant enough that had you have continued with the agreement it may put you in to undue financial hardship.

I would then raise a complaint about the demanding of the fee (even though car not built yet) and then your only option after that is the Motor Ombudsman service. The downside to all this is that it could well take several months, by which point your car would have been built and delivered. 

The personal contract purchase finance agreement will not go live without your signature, so providing you haven't signed any finance documents then your only dispute will sit firmly with the Sytner Dealership, I believe.