Author Topic: Cancelling my order...  (Read 13106 times)

Offline phazer

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Re: Cancelling my order...
« Reply #20 on: 29 May 2015, 18:10 »
This situation isn't straight forward but most dealers will refund on the basis that they'd like to see you in the future. There's a bunch of government help sites with details of what the law does doesn't say.

If you were wanting finance and you haven't signed the agreement yet (we didn't do ours until the car was at the dealer and almost ready) see this link and plenty others out there on t'internet, might help you out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?342821-Section-57-CCA-Car-dealer-refusing-to-cancel-refund-deposit

Offline Mark V GTD

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Re: Cancelling my order...
« Reply #21 on: 29 May 2015, 19:43 »
They are obliged to hand back your deposit. The contract was for the supply of a vehicle and the vehicle has not been supplied so the contract can be cancelled.

I have done this myself several times.

Offline Golf-Ball

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Re: Cancelling my order...
« Reply #22 on: 29 May 2015, 21:59 »
They are obliged to hand back your deposit. The contract was for the supply of a vehicle and the vehicle has not been supplied so the contract can be cancelled.

I have done this myself several times.

No they're not. By your argument a party can break a contract without penalty before the other has had the opportunity to deliver the goods or services ordered. If what you're suggesting was true (which it isn't) then most contracts would be breakable before completion - which they're not. Contracts are legally obliging agreements with terms - it's why they exist. The terms of the contract are what the OP needs to check in order to establish where they stand. What you or anyone else has previosuly done is irrelevant. 

Offline Mark V GTD

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Re: Cancelling my order...
« Reply #23 on: 30 May 2015, 01:10 »
Sorry you are incorrect in this context - the deposit cannot be retained unless the car has been supplied - simple as that!

Offline Porker911

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Re: Cancelling my order...
« Reply #24 on: 30 May 2015, 07:13 »
When did you order the car and what delivery date did they put on the sales invoice out of interest

Offline Golf-Ball

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Re: Cancelling my order...
« Reply #25 on: 30 May 2015, 09:33 »
Sorry you are incorrect in this context - the deposit cannot be retained unless the car has been supplied - simple as that!

No I'm not. I've no idea what legal basis you think your argument is based on but I'm gong to say this once more. The only thing that matters are the terms of the contract. The only legal grounds for having the deposit returned are likely to be:

1) The contract states that it is refundable should the purchaser back out.
2) The contract stated a fixed delivery date which has not been met and there are no terms in the contract that allows reasonable delays outside of the dealer's control.

Contract law also allows buyers to claim compensation if there is a delay in delivery and the scheduled time of delivery was essential (which in this context is a legal term).

By your argument a customer can order a car which is built to their spec and then walk away without penalty the day before the scheduled delivery date. Which is not the case unless allowed by the contract.

One simple way for the OP to get a definitive answer is to contact Citizens Advice and then post back here.

Offline Rhyso

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Re: Cancelling my order...
« Reply #26 on: 30 May 2015, 11:35 »
My missus works for Trading Standards and here's her reply.....

In short NO you are NOT entitled to your deposit back UNLESS the terms and conditions state otherwise.

By changing your mind you have breached the contract

It's down to the discretion of the dealer to refund your deposit.

Offline Mark V GTD

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Re: Cancelling my order...
« Reply #27 on: 31 May 2015, 09:30 »
By your argument a customer can order a car which is built to their spec and then walk away without penalty the day before the scheduled delivery date. Which is not the case unless allowed by the contract.
No - I am talking about the stage before the car is built.

Offline Rhyso

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Re: Cancelling my order...
« Reply #28 on: 31 May 2015, 10:26 »
By your argument a customer can order a car which is built to their spec and then walk away without penalty the day before the scheduled delivery date. Which is not the case unless allowed by the contract.
No - I am talking about the stage before the car is built.

My reply still stands

The key here though is what is ACTUALLY written in the terms and conditions of the contract

Dig out your magnifying glass and UV lights  :laugh:

Offline Golf-Ball

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Re: Cancelling my order...
« Reply #29 on: 31 May 2015, 11:54 »
By your argument a customer can order a car which is built to their spec and then walk away without penalty the day before the scheduled delivery date. Which is not the case unless allowed by the contract.
No - I am talking about the stage before the car is built.

There is no aspect of Contract Law in which it is relevant as to whether or not a vehicle (or other goods which are the subject of the contract) has been built. As Rhyso (and I) have stated, all that matters is what is in the contract.

Let's look at it the other way round.  What is the legal basis for the OP being able to breach the contract and ask for their money back?