D'arkuk
Member Since: 15 Aug 2006
Location: M/C
Posts: 464
  
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I’m sorry that the first time I make a post it is over a serious complaint, I’m having a massive problem with a Landrover dealer in the U.K. and I could do with some help as to how I can / should proceed. I spent a long time researching all the new 4 x 4’s I could buy and in the end it was down to the Landcruiser and the Disco 3, I went with the Disco 3. I decided to go back to the dealership that I bought my Freelander from (2 years earlier) and we sorted out all the options, price Etc…. this was in late June, my only stipulation was that I must have the car for my August birthday and September holiday or I would not place the order, this was pretty much laughed at (buy the dealer) as my delivery date was July. I was then told that my delivery would be the first or second week in August and may miss my birthday, I accepted this and told the dealership that I would not accept any more delays. I then got a call about two or three weeks ago telling me that my delivery would be the 15th of September, I explained that this was totally unacceptable to me and that there was no way I would accept that. I was invited in to the dealership to discuss the options; as the dealership/ Landrover (the dealership is blaming Landrover, something to do with them holding back the car ???) had destroyed my chances of having the car for my holiday (this was critical because the holiday is based around the car and my partner is heavily pregnant) I decided that because of my love of all things Landrover, I would let them retain the business rather than buy a Landcruiser and would opt for the build 2 which would be delivered Oct / Nov. I have today been informed by the dealership that there sales manager had decided that I won’t be having the build 2 vehicle (which because of the changes involved is much more suited to my needs) and that they will happily except my cancellation but it will cost me between £ 3000.00 / £ 4000.00. Any help or advice would be greatly appreciated.
P.S. Edited for spelling
Last edited by D'arkuk on 16th Aug 2006 12:34 pm. Edited 2 times in total
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 16th Aug 2006 12:24 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
 
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Have you paid a deposit or got anything in writing?
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| 16th Aug 2006 12:30 pm |
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D'arkuk
Member Since: 15 Aug 2006
Location: M/C
Posts: 464
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Yes a big one, and I have the vehicle order form.
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| 16th Aug 2006 12:32 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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Does the order form state a delivery date, or capture your initial timing requirements?
I think that you have given them a little bit too much rope - and, as such, your position is not so strong.
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| 16th Aug 2006 12:37 pm |
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D'arkuk
Member Since: 15 Aug 2006
Location: M/C
Posts: 464
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The order form says "Est. Delivery Date July 06"; However there is nothing on the order form that specifies that I must have the car for the 22nd of Aug (My birthday) or after I accepted the first delay the 7th of Sep (our holiday) my final cut off point. I have talked to the sales man with whom I placed the order and he has confirmed to me that he is in total agreement (and has informed the management) with what I specified at the time of the order and what I said to him when he later informed me about the first delay and what I said when he informed me of the second unacceptable delay.
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| 16th Aug 2006 12:51 pm |
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Gareth
Site Moderator
Member Since: 07 Dec 2004
Location: Bramhall
Posts: 26698
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Surely common sense would say that the dealer should at least lend you a D3 until yours arrives? thats if they really want your business.
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| 16th Aug 2006 12:57 pm |
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10forcash
Member Since: 09 Jun 2005
Location: Ubique
Posts: 16534
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Have you talked to the local Trading Standards or CAB?
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| 16th Aug 2006 12:58 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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OK - based on their lack of willingness to help you out, I suggest that you write to the dealer principal, tell them that the ongoing delay in delivery is simply unacceptable to you, and outline the original timeline.
They are in breach of contract as they have failed to supply a vehicle to you within an acceptable period of the original delivery estimate, as a result you demand that they return your deposit in full and cancel the order. Give them a week to comply with that request, and tell them that if they don't you will put the matter in the hands of your solicitor.
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| 16th Aug 2006 1:03 pm |
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D'arkuk
Member Since: 15 Aug 2006
Location: M/C
Posts: 464
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There has been no mention of anything like that, there attitude seams to be:-
You signed it, we got you where we want you, tuff.
As for wanting my business, thay should. I have my own small but successful company and I buy quite a number of cars (Jags normally) for my reps Etc…
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| 16th Aug 2006 1:09 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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You need to be very clear with them that you consider they have breached their part of the supply contract by failing to deliver in line with the basis of your order. You have displayed a degree of flexibility, but this further delay is not acceptable to you.
Good luck!
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| 16th Aug 2006 1:14 pm |
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D'arkuk
Member Since: 15 Aug 2006
Location: M/C
Posts: 464
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Not yet 10forcash, I think it's time to speak to my solicitors.
Winger. There Terms and conditions on the back of there order from says:-
2 Delivery (C) "if the goods are not delivered within three calendar months of the estimated delivery date the Purchaser or the Seller may elect by notice in writing to the other party to cancel this Contract."
I did not expect to be treated like this, by a main dealer. How stupid am I.
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| 16th Aug 2006 1:21 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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From a purely legal perspective, then, they have the upper hand when it comes down to "failed" delivery.
However, they have clearly not kept to the spirit of the agreement you reached on delivery when you placed the order - that is where you need to focus your efforts.
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| 16th Aug 2006 1:27 pm |
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DrLex
Member Since: 15 Jul 2005
Location: Ciderspace [Oi be in Zummerset]
Posts: 4863
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I would have thought it would be worth claiming that the agreement you made verbally with the salesman is a collateral contract. You seem to either want the car as per original date, the build 2 at an agreed date or your money (deposit) back. Given that your car hasn't been built, it's hard to see what the dealership is claiming as a cost for your deposit to cover.
I'd go with Winger's advice - strong letter with a solicitor's one to follow a week thereafter. Time flies like an arrow; fruit flies like a banana
Member of Club Med Sucks
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| 16th Aug 2006 1:33 pm |
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D'arkuk
Member Since: 15 Aug 2006
Location: M/C
Posts: 464
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Dr.Lex. Part of there problem apparently, is that because I don’t like leather I opted for the “S†and put a lot of extras on it. They are telling me that they can’t change or cancel the order with Landrover, they are not aloud, and Landrover can’t build it in time because of all the extras. So if they let me change/cancel my order to the XS (build 2) they would be left with a very high Spec “S†which they don’t want. That’s why it’s going to cost me between £ 3000.00 and £ 4000.00.
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| 16th Aug 2006 1:50 pm |
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JMC
Member Since: 25 Feb 2006
Location: Aberdeen-Angus. Where the Bull* comes from!
Posts: 6417
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Sitting on the fence here, you have ordered and paid a deposit on a 'bespoke' vehicle. The dealer has presumably ordered this on your behalf and he is now at the mercy of LR. Their building of your machine has been slowed - probably by holidays and enhancements etc.
It isn't your fault and, in fairness, it isn't the dealers fault either.  If they have not given you a firm delivery date, in writing, then perhaps you can only hope for some good will.
The simple (pre-legal) answer would be to explain to the dealer that you would 'like' a demo car to cover your holidays etc. The dealer doesn't have to provide this though.
Perhaps a call to LR customer services would be a good move. Thereafter, if you are really not happy, get a solicitor to cancel your order and demand the refund. Finally, the local rag will want to know of any dealer who is looking like a stealer..... 
I will be very surprised if you don't get something your way. In fact, I'm very surprised you haven't already. Perhaps a new approach could be required 
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| 16th Aug 2006 2:00 pm |
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