My new Audi A3 automatic is going to take nine months to arrive! What are my rights?

I signed an order and paid the deposit on a new Audi A3 Cabriolet automatic on 24 May and the order says for delivery in mid-September (although the dealer expected it by mid-August). I got a lot of flannel about not being able to get a factory order number and manufacturing date up until 6 July, when we were told that a new system was being installed and no details could be obtained until the 26 July. Nothing appeared, so on 5 August I went into the dealership and we looked it up on the new system. I was then told that it was due to be manufactured in the week commencing 23 January 2011!

I registered a concern with Audi Uk on the 25th August and they finally spoke to me today. They are also completely non-committal and tried to tell me that my car was not even late, as I never had a manufacturing date. It was all the fault of Audi in Germany which is a separate company and they only import the vehicles.

I feel that I have been strung along and that the dealer knew there was a problem with the availability of the automatic gearbox, but never told me and it's since got worse and got out of control. I would never have ordered a car in May for delivery in February! What are my rights? How should this have been handled?

Asked on 6 September 2010 by deskjet2

Answered by Honest John
This is happening to a lot of readers with orders for VAG cars. It seems to me that because of the continued weakness of sterling, VAG can make a lot more for the cars in LHD European markets, so it is prioritising production for those markets. Unfortunately, a county court decision back in 1997 means you can't do much about it.

More here: www.honestjohn.co.uk/faq/consumer-rights, specifically: Johnson v HWM Ltd 17-3-1997 Kingston County Court. Allows an indefinite delivery date for a new car and also change of specification of the car in between dealer order and manufacturer delivering the car to the dealer, because both are out of control of the dealer. If a contract has been entered into between dealer and customer with a substantial deposit, then that contact remains binding and, unless specified in the original contract, an indefinite delivery date or change of specification are not breaches of contract.
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