Can a vehicle lease contract by void like this?

KXL88

It's a complicated one, after they did the 2nd credit search a week later they took the deposit (3 Months) as the vehicle was sent to build. First time, I hear that the first payment is taken prior to delivery but I was told about this before hand anyway... Then they said the 1.6 is DC, please see the new monthlies for the 1.8 everything else is the same and sent me new forms to sign and we can get the vehicle built and delivered, even to deliver in Nov (expedited delivery). Obviously I'm not happy with this and they insisted the vehicle was exactly the same spec wise just 1.6 to 1.8 (yes but more a month), so I didn't sign and that I should be refunded the first payment at the minimum. No response to this email. Suppose it might take awhile for that to happen. Of course I would chase today.

At minimum they should refund the first payment and not drag their heels and I know probably Im dreaming but the amount of time awaiting for a vehicle that would not be built means I'm unable to look for another vehicle in the meantime, not only that I had to pay for parking space for a non existent car for couple more months. Surely they would have known the 1.6 was DC before doing the 2nd hard check and deposit taken? Would assume when they reach this point they would know it's going to be built or not. I know the later two points is impossible to pursue, just a reality check that I would be out of pocket (and out of a vehicle) for a bit longer due to the engine DC. 

I suppose there is a real reason why mobilize has very poor reviews on trustpilot, this is just a first hand experience

Okell

Mildly_Miffed said:

KXL88 said:

I understand that, but then isn't that a breach of contract to whomever?

The contract has been frustrated.

It seems whomever is responsible took the high road, since in a previous lease car it is stated if something similar occured. 

'In such circumstances, we shall provide you with another vehicle of the same, or at our option, later equivalent model of equal or similar mileage. This agreement will then apply to the replacement vehicle'

This ^

The contract hasn't been cancelled, it's been frustrated because the subject matter of the contract (the 1.6 Renault Symbioz that was going to be supplied to the OP) does not and/or will not ever exist.

The OP hasn't lost out except to the extent that he isn't going to get the car he thought he would.  He'll have to get a new quote for the 1.8

Neither Renault nor Mobilize are at fault so far as I can make out

Herzlos

Is it the 1.6 you actually want, or the price of the 1.6?

I don't think you can force their hand here; the car you ordered is no longer available, and the nearest alternative costs more.

Being MSE; there are ~160 1.6's on Autotrader, many ex demos under 1 year old for the same or lower ball park figure than I see leases for. If you really want a 1.6 or a cheaper car then you may be better cancelling out the lease and buying one of those. 

Mildly_Miffed

KXL88 said:

At minimum they should refund the first payment and not drag their heels

Yes, you absolutely should - and, I would assume - will... once you tell them that you do not want to place an order for another car instead.

You aren't going to get the 1.6 you ordered.
You aren't going to get the 1.8 for the same price, but you don't seem to want it anyway.
So... time to look for something else. As @Herzlos says - you could be driving a cheaper, just as new, 1.6 by the weekend, but you may have to make a mild compromise on spec/colour/etc.

and I know probably Im dreaming but the amount of time awaiting for a vehicle that would not be built means I'm unable to look for another vehicle in the meantime

Time you'd have been waiting even if your car was eventually built. You chose a factory order, rather than an in-stock car. That carries the inherent risk of delays.

not only that I had to pay for parking space for a non existent car for couple more months.

But your previous car is still parked in that space, isn't it?

Surely they would have known the 1.6 was DC before doing the 2nd hard check and deposit taken? Would assume when they reach this point they would know it's going to be built or not.

The order was placed. The order has NOW been finally cancelled by the manufacturer.

I know the later two points is impossible to pursue, just a reality check that I would be out of pocket (and out of a vehicle) for a bit longer due to the engine DC. 

I suppose there is a real reason why mobilize has very poor reviews on trustpilot, this is just a first hand experience

This is not Mobilize's fault.