£500 deposit to dealer ... Still no car after a month!

[chrisjvm]

Do they have twitter? Start communicating through that, they love it* when everyone else can see what they're trying to worm out of.

 

 

 

Just a routine check:

 

 

Tell 'em we're comin' after 'em.

We're comin' after all of them...

 

I was a mini cab driver in Norf Landan for 7 years ... I'm fluent in plastik gangsta .... So dey iz proppa gettin it mayte .... Fanks!

[trigger]

You'll probably find something has happened to the car, I.e maybe the cambelts snapped or the Saturday boy has ran it down a post and they are buying their time to get it fixed without telling you.

[chrisjvm]

Do they have twitter? Start communicating through that, they love it* when everyone else can see what they're trying to worm out of.

 

Yes, they do appear to be on Face-Twit ... I'm not though,might be an avenue to explore though .... Thanks! 

[chrisjvm]

You'll probably find something has happened to the car, I.e maybe the cambelts snapped or the Saturday boy has ran it down a post and they are buying their time to get it fixed without telling you.

 

 

That's somewhere along the lines I was thinking .... It's a fairly new(in autoshite terms)  Audi A8 8 cylinder twin turbo diesel ... I thought it had maybe epically failed its MOT and they're bodging it ... Last UK Mot ran out in Dec 2013.

[EssDeeWon]

Something smells funny, and it aint my cheap deodorant this time.....

[Alan_Green]

• Both you and the dealer are in England or Wales, right?  Then the contract was formed a month ago when the deposit was paid. Too late to add new stuff now (like making time of the essence).

As it is a big business you were almost certainly supplied with terms and conditions in writing (or ticked a box online to say you had seen them and can go back and look now) when you paid the deposit. What do the T&C's say?  If no T&C's at all it is down to the Sale of Good Act.

Twitter would be a good strategy for getting them to hurry up and supply the car.  But you want to pull out of the whole deal now and get your deposit back and presumably get back the trade in vehicle (which may have been sold on). Eventually you would be able to do this when the delay became totally unreasonable.  But I don't think we are there yet.  Dunno.  Just less than a month doesn't seem an outrageous delay given the bureaucracy and work for the MOT.  Maybe they have asked for a VIC check too.

[Taff]

Seek INTERNET LEGAL ADVICE first, ask questions later

 

and if this doesn't work, KILL HIM!! KILL HIM WITH FIRE!!!!

[purplebargeken]

Yeah, buuuuuuurrrrn 'em. 

[BavarianRetro]

Contract terms can be varied by consent or by implication at any time.

 

While, technically, you can't retrospectively make time of the essence of the contract, if you write to the other party explaining that the delay is now excessive and giving him a reasonable time to perform his obligations, explaining that if he doesn't, you'll hold him in breach, and explaining what you'll do about that breach, and he either accepts that or doesn't refute it, I'd be very confident that a court looking at all the circumstances would take the view that the contract terms had been varied.

[sporty-shite]

They haven't Motd it and have told her they can't till log book shows up.

 

Obviously this isn't true. However, you won't be able to tax it until the V5 comes through, so maybe this is what they're thinking. If they MOT it now, and it takes another month for the V5 to land so you can tax it and use it, essentially you're only getting 11 months MOT. Possibly, they only want to test it when it's "good to go" so to speak.

 

However, their communications are still toss. Clarity would have been the better bet.

[The Reverend Bluejeans]

A dealer cannot legally hold your deposit - a customer can change their mind whenever they like. Used to piss me right off. A deposit SHOULD be non refundable but it isn't.

[Alan_Green]

Seek INTERNET LEGAL ADVICE first, ask questions later

Particularly good for advice on how to apply Scottish law to English contracts (resile etc).

[HillmanImp]

Without seeing the actual contract and taking a lengthy educational course in contract law, I feel that I am unable to help and would only be able to make random guesses about your current circumstances based upon what I have read in the Daily Mail and something my mate told me down the pub about the time he got stiffed buying a Ford Orion. 

[BavarianRetro]

Particularly good for advice on how to apply Scottish law to English contracts (resile etc).

What is the difference in this context?

 

"Resile" means "resile" in both Scotland and the rest of the UK. 

 

Point me to something I've said which is wrong legally, not just using a word you'd prefer to substitute a synonym for. 

 

Oh, and provide authority. 

[Guest Breadvan72]

The trouble is that, absent an express stipulation that timely performance of an obligation is essential to the contract, a failure to perform in a timely fashion is not a repudiatory (ie terminal) breach of contract.  You can make time of the essence by giving a reasonable notice stating that such is so.   In other words, you write a polite letter saying "time is now of the essence of this contract.  You have until (a date about ten days from now), [say Xmas Eve] to deliver the car.  Failing that,the contract is at an end and you will seek return of the deposit plus any additional cost of purchasing an equivalent car.

 

If the dealer can show that performance is impossible because of events he cannot control, the contract will be frustrated, but he must in that event return the deposit. 

[Guest Breadvan72]

I edited the post above as I was inaccurate to say that late delivery is not a breach  It is a breach, and may give rise to a claim for compensation in some cases, but it does not enable the injured party to end the contract unless there is a time of the essence stipulation.

[Guest Breadvan72]

A dealer cannot legally hold your deposit - a customer can change their mind whenever they like. ...

 

 

Not true.  All depends on the contract.

 

Note also that if the contract is made by phone or email (ie it is a distance sale), then the customer obtains cancellation rights regardless of dealer performance.

[chaseracer]

Thank feck, a REAL lawyer...

 

[Pillock]

A real lawyer on the internet? My brain hurts. BURN HIM.

[hauserplenty]

It is said that Abraham Lincoln once walked into a room where several of his colleagues were sitting near a fireplace on a cold winter night. One of them looked at him and said, "Abe, you look like you've been to hell and back." He replied, "I have, and it's just like here: all the lawyers are nearest to the fire."

 

 

I'm surprised they haven't tried to tell you "Someone stole the gearbox, mate, I doubt you'd want it anyway" or some other nonsense.

 

My advice*?

Give 'em hell.

 

*IANAL, and I don't play one on TV or teh internetz either.

[Mr_Bo11ox]

Sale of goods act 1978 act 4 Psalms 2:1, everyone knows that, just ring up and quote that. if he doesnt paypal your money back in 30 secs call the forestry commission. HTH

[purplebargeken]

Whatever happened with this?

[chrisjvm]

Late Late Update ....

 

To cut a very long story short ....

 

After nearly 8 weeks and still no car we sent a letter as per advice saying that she no longer wanted the car ...

They said fine but no deposit returned .

After a couple of visits (no shouting,she doesn't let me!) and threats of small claims court ... their initial retort being ' what,you'd take us to court for £500' ?? !!!!!

We settled for half of the deposit.

 

Thanks to everyone who put their two bobs worth in and gave advice ... Much appreciated

[trigger]

I still wouldn't be happy with that at all. 8 weeks is beyond a reasonable time for collecting a car. I'm not sure where you stand on it but I'd be making more of a scene then that.

[Mr_Bo11ox]

Theyve done well there, £250 for doing nowt

[doobietoo]

Theyve done well there, £250 for doing nowt

Yep do 10 of those a week and you dont have to actually sell anything....

[bub2006]

I'm sorry but it seems you've been had over a barrel with it. My answer would have been to ask if they care to chance it to find out.

[Cavcraft]

Cheeky bastards!

 

If you're happy to take half the deposit, you're a better richer man than I am, Gunga Din.

[Parky]

So you gave them 500, they gave you back 250?

 

Surely it should be you have them 500, they gave you 500 back plus an extra 50 as a way of saying sorry?

[AlabamaShrimp]

^^^what he said