weldted Posted June 20, 2010 Share Posted June 20, 2010 visited the NEC in Feb 2009, placed order through a dealer for a brand new van before placing order I enquired about delivery date I was told September, so placed model specific order. Recently enquired if delivery date still on target, recived phone call from maker this friday to say sorry that model is no longer currently being built? Since placing the order have had no information about this situation, by the time I would go to the NEC again my van will be six months older new vans will have gone up, gap will probably be to big to do a deal so will probably have to keep our van which is fine but I needed an automatic following a series of small strokes which have left left side weak. I fell let down by a maker who said that the model I ordered would be avaiable this September. I only want to know the legal position this is not a post for more makers bashing please Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted June 20, 2010 Share Posted June 20, 2010 what legal position? are you considering suing? for what? where is the loss? I am guessing you still have camper that you were going to PX? is that correct? and they have returned your deposit I would hazard a guess? So what can you do? Cheer up, this stuff happens, just go shopping for another and better van :-D Link to comment Share on other sites More sharing options...
mirage Posted June 20, 2010 Share Posted June 20, 2010 Give it up and look for another. Link to comment Share on other sites More sharing options...
weldted Posted June 20, 2010 Author Share Posted June 20, 2010 I do not wat to sue anyone i just posed the queston as when i signed the contract to purchase the van I was old it was a legally binding contract, Link to comment Share on other sites More sharing options...
flicka Posted June 20, 2010 Share Posted June 20, 2010 weldted - 2010-06-20 9:02 PM I do not wat to sue anyone i just posed the queston as when i signed the contract to purchase the van I was old it was a legally binding contract, It is, but in favour of the dealer, if you read the small print there will be various clauses protecting the dealer in default. Fair NO, Life YES. Can you name & shame manufacturer & model. It could then be varified there is no "Stock" in the UK & not the dealer being economical with truth. (although he should not have reason to be) Link to comment Share on other sites More sharing options...
weldted Posted June 20, 2010 Author Share Posted June 20, 2010 It is not the dealer, in this case it was the maker who phoned me direct, the loss as asked, is the difference in the cost of changing now as to then, at the NED Feb 2009 the choice was between two makers of similar priced vans both 60,000 plus and ours has been used as has a higher than average milage, so a lot of baragning to acheve a price to change that we could afford. Now we are faced with starting again and although we have been to many shows we have found the the NEC allways has more new models than other shows. so we have a van that is possibly up to 9 months older the makers van have had price increases so the gap will be a lot bigger. Is it not unfair that a maker will offer to fill orders at the time of placing a deposit but can change their minds some four months later and the said van is still being advertised on their website? Link to comment Share on other sites More sharing options...
Brian Kirby Posted June 20, 2010 Share Posted June 20, 2010 I think the answer will lie in the small print on the back of your order form, Ted, that will set out the conditions of the contract. I'd be very surprised if there are not a string of get-out clauses, and withdrawal of a model by a manufacturer is not something over which a dealer can exercise control so, as your contract is with the dealer, and not the manufacturer, I'd guess he'd plead force majeur, or frustration, or similar if taken to task. He has not served your interests well, and you point regarding loss in value in your present van vis a vis 2011 vans is well made. Unfortunately, I don't think you have anything more than a moral case to plead, annoying as it must be. Still, it may be worth pleading that, to see what the dealer can find you, and whether the manufacturer can offer an alternative van on preferential terms. I'm sure the dealer acted in good faith originally, but he has since allowed the situation to grow a lot of hair on it, and clearly has not been maintaining contact with the manufacturer. He, at least, owes you some consideration for his part in your predicament. Link to comment Share on other sites More sharing options...
crinklystarfish Posted June 21, 2010 Share Posted June 21, 2010 The premis of contract law is to return the injured party to the state they were in prior to a breach – to make them ‘whole’ again.Frustrating though it may be, I doubt very much that there is a legal case to answer and even if there were it wouldn’t be cheap or easy to persue with such a nebulous concept as potential depreciation of your asset.On the flip side, if things had progressed normally but then you’d had a fire in your van - or something similar - between the deal being struck and collection date meaning you had to withdraw, I suspect you wouldn’t expect the dealer to chase you for compensation even though they could level the same ‘loss of other deals’ argument.As Brian says, persuading your dealer / the manufacturer of your innocent hardship might see them showing some ex gratia leniency on a fresh deal.It's probably your only shot. Link to comment Share on other sites More sharing options...
mike 202 Posted June 21, 2010 Share Posted June 21, 2010 Don't know about the legal side, but the dealer should try to help you as a complete loss of your order will probably cost him a lot more than you. In any case irrespective of your loss he will lose thousands of profit. Just look at the end of season discounts, and they are still making it Large from the deal, so at full price losses are even greater. You always know when the dealer is not making enough because they let you walk away. In the end it may do you a favour because you could always get an "In stock end of season deal", with the bonus of inspecting the vehicle and getting it delivered to you immediatly. Every cloud has a silver lining ---- Mike Link to comment Share on other sites More sharing options...
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