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ESTIMATED Delivery time

dennisb66
Grafter
Posts: 371
Registered: 01-08-2007

ESTIMATED Delivery time

Any legal eagles out there ?When ordering a new car and delivery is an ESTIMATED 6weeks which becomes 8 then 10.How long can a garage get away with delays before the contract ie.order can be considered void,the order cancelled and the deposit demanded back in full. 
      Hope someone knows the answer(if there is one) to settle a pub debate. Grin

       
15 REPLIES
Community Veteran
Posts: 4,729
Registered: 04-04-2007

Re: ESTIMATED Delivery time

Try asking on uk.legal.moderated Usenet group.
http://www.usenet.org.uk/uk.legal.moderated.html
IMHO you should have a delivery time penalty / order cancellation clause inserted into the order. But that is easer said that done.
Chilly
Community Veteran
Posts: 1,699
Registered: 30-07-2007

Re: ESTIMATED Delivery time

You need to "make time of the essence".  Give the dealer a (reasonable) time limit.  It's best to do it in writing, keep a copy of the letter, and either send it recorded delivery or get someone to sign for delivery if you deliver it by hand.
Briefly outline a diary of events, and state that unless the car has been delivered in the next seven days, you will consider them in breach of contract and will require all of your deposit back.
If you arranged finance for the car through the dealership, then get them involved as well (their equally liable under section 75 of the Consumer Credit Act).
Note that if you have to get the car from somewhere else, and it costs more, you may be able to sue the original dealership for loss of bargain.
For further help call Consumer Direct on 08454 040506
Hope that helps.
John
James
Grafter
Posts: 21,036
Registered: 04-04-2007

Re: ESTIMATED Delivery time

I think the problem here is that it is an estimated delivery date.
The fact that it is "estimated" doesn't offer any guarantees.  That's just me taking it on a literal sense though.
dennisb66
Grafter
Posts: 371
Registered: 01-08-2007

Re: ESTIMATED Delivery time

Thanks guys, I think that to invoke "Time of Essence" seams the best bet. Wink
Community Veteran
Posts: 18,544
Thanks: 190
Registered: 12-08-2007

Re: ESTIMATED Delivery time

Quote from: dennisb66
Any legal eagles out there ?When ordering a new car and delivery is an ESTIMATED 6weeks which becomes 8 then 10.How long can a garage get away with delays before the contract ie.order can be considered void,the order cancelled and the deposit demanded back in full. 
      Hope someone knows the answer(if there is one) to settle a pub debate. Grin

       

Do you have the estimated delivery time in writing?
I suggest you write to the dealer outlining his broken promises and tell him that if he can't deliver within the next 2 weeks you reserve the right to cancel.
Community Veteran
Posts: 18,544
Thanks: 190
Registered: 12-08-2007

Re: ESTIMATED Delivery time

Quote from: hulls

If you arranged finance for the car through the dealership, then get them involved as well (their equally liable under section 75 of the Consumer Credit Act).


Section 75 of the CCA deals with credit card transactions and not finance arrangements.
cp:green Quote tag fixed. mod:end
Community Veteran
Posts: 1,699
Registered: 30-07-2007

Re: ESTIMATED Delivery time

The Consumer Credit Act Section 75 relates to a debtor/creditor/supplier agreement to be accurate.
That means when there is some sort of link between the supplier (car dealer) and the creditor (finance company), and a third party (you the debtor or purchaser or however you want to describe yourself) Think of it as a triangle.
It was intended to be used exactly where a finance company operates through a retailer, and the credit card companies were very upset when it was pointed out that it applied to them as well!  Many of them will still try to riggle out of their responsibilities if you let them.
It kicks in when the total cost of the goods or service is over £100, and the finance company is responsible for the full amount, even if only part of it is paid by credit.
So much for todays legal seminar. Wink
John
Community Veteran
Posts: 18,544
Thanks: 190
Registered: 12-08-2007

Re: ESTIMATED Delivery time

Section 75 specifically mentions credit cards so the companies were never in doubt as to their responsibilities, indeed the clearing banks were involved in discussions when the act was drawn up.
The card companies have always tried to wriggle out of their responsibility but after last week's House of Lords decision involving overseas purchases any doubts they had have been cleared up. 
[Moderator's note by Jonathan (chillypenguin):  Full quote of preceding post removed. ]
Community Veteran
Posts: 1,699
Registered: 30-07-2007

Re: ESTIMATED Delivery time

You're obviously reading a different S 75 to the one I have.
There is no specific mention of credit cards or credit card companies.  I'll copy the entire section if you like.
Sorry I don't know how to do all the clever stuff, so there's no hyperlink.  Roll eyes
John
[Moderator's note by Jonathan (chillypenguin):  Full quote of preceding post removed. ]
dennisb66
Grafter
Posts: 371
Registered: 01-08-2007

Re: ESTIMATED Delivery time

Hy guys ,it's all been interesting reading however on reading the small print (with magnifying glass) the contract can be cancelled with full deposit returned, if 21days AFTER the given delivery date notice in writing is given that delivery must be completed within the next 7 days.
        It really does pay to read the small print,I'll try to pay heed to this in the future.
   
nadger
Rising Star
Posts: 4,498
Thanks: 46
Registered: 13-04-2007

Re: ESTIMATED Delivery time

I guess you won't be cancelling your nice new Fiat now, Dennis  Wink
dennisb66
Grafter
Posts: 371
Registered: 01-08-2007

Re: ESTIMATED Delivery time

No way John,expecting delivery any day. Grin
nadger
Rising Star
Posts: 4,498
Thanks: 46
Registered: 13-04-2007

Re: ESTIMATED Delivery time

Quote from: dennisb66
No way John,expecting delivery any day. Grin

I had a look at that dealers site and they do some good deals - not that I'll be upgrading my Kia in the immediate future.
From doing about 5,000 miles a month I did 39 miles in September - down to about 4,000 miles per year overall since I decided to retire at 70  Grin
dennisb66
Grafter
Posts: 371
Registered: 01-08-2007

Re: ESTIMATED Delivery time

I'm with you there John,since retirement I only average 4000 miles per year.I have just put my Citreon xsara forte 1.4 W reg march  2000 on the market,it's only done 25570 miles,hardly run in but I felt like a change.
Were you reffering to the Fiat uk website or DC Cook's?I have paid £7559 for my Grande Punto Active Air Con 1.2cc From DC Cook,on Fiat website it's £9650,so i reckon I made a good saving. Tongue