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Can I cancel a lease vehicle if it was not delivered?

I ordered a Range Rover Sport lease vehicle in March this year. It was a previously cancelled order, which I acquired, so I managed to jump the queue a bit!

Long story short - I got a confirmed delivery date of 11th August. Everything in place and good to go, including me purchasing insurance. 4 days away from delivery it was postponed. No reasons made available and my broker claims not to know why. Not able to provide me with any details of a possible new delivery date.

I have threatened to cancel the order as I cannot wait indefinitely only to be told "Our company policy is that a cancellation fee is requested, should a customer cancel a vehicle order, as per our order Ts and Cs, this would be a fee equating to 3 months rentals"

Can they do this? I'm not technically cancelling, they are just not fulfilling the order and delivering my vehicle anytime soon and they cannot explain any reasons why.

I've been advised to walk away from the purchase and if they tried to pursue me for 3 months rental (a significant amount I might add!) they wouldn't have a leg to stand on.

Asked on 30 August 2023 by Antony Lee

Answered by David Ross
The terms and conditions of the order should explain your rights in respect of cancelling the order, which may mean a cancellation fee, but by the same token the broker has not fulfilled their obligations in respect of delivering the vehicle.

If you do cancel and a fee is applicable, it is reasonable to accept that the broker will attempt to recoup this from you. You may be able to argue that the fee should not apply, but this would potentially become a legal matter and would require legal advice.
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