Hi
I paid a 500 pound deposit at a main dealer fo a new car I did this over the phone and did not sign an order form at all. The car I wanted to buy (an EOS) now turns out to have many problems with leaks rattles and other assortd problems . I faxed the dealer to cancel the order ,which they have done, but now are not prepared to refund the deposit Where do I stand?
Thanks
Alan
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Surely a main dealer can sort out a new car. It is perfectly normal for new cars to require correction and modification. It appears that you have just changd your mind so he's perfectly within his rights to withhold the deposit - what else is a deposit for?
I take it there's more to this story than you're letting on.
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Presumably as the OP has 'cancelled the order' then they never got as far as owning the car in the first place? Agreed a deposit is a deposit, if you have changed your mind, tough.
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Alappy, are the problems you report applicable to the EOS model as a whole or to the specific car you were considering purchasing? If you haven't taken delivery of the car, or have you?, how are you aware of the faults?
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How do you know yours will suffer from the problems? Friends have one which suffered a minor leak, all fixed under warranty. The problems you are reading about will be from early examples, they have been in production about a year now, if there is a trend with a particular problem it's dealt with by a redesign.
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Unless they feel in a generous mood you can say good buy to your money ,the problems they did have on a few early LHD models has been overcome with a complete change of supplier of the hood machanism and are now perfectly ok.
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...but now are not prepared to refund the deposit Where do I stand? ..
maybe previous discussion here might help:
www.honestjohn.co.uk/forum/post/index.htm?t=16062
mazda mx5 clutch judder - alapppy Sat 13 Sep 03 13:51
.... would I be able to reject the car?
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=16...1
Can I reject my new car? - alapppy Fri 19 Sep 03 20:26
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=19...4
When is a new car not new? - alapppy Sat 17 Jan 04 17:41
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=31...8
Age of 'New' car? - alapppy Sun 17 Apr 05 15:54
I have just taken delivery of a new car from a car supermarket
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=38...8
Need opinions for car rejection - alapppy Sun 12 Feb 06 08:5
www.honestjohn.co.uk/forum/post/index.htm?t=39711&...f
refund deposit - alapppy Thu 9 Mar 06 20:40
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=47...9
supermarket new cars not new - alapppy Sun 17 Dec 06 10:13
etc. etc. - just search for the author "alappy" and the best advice/reply you might think is this one:
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=38...7
what I should have done New lexusIS - alapppy Sat 11 Feb 06 11:21
or any other new car I suppose:
This applies to any car but descibes my problems with the new IS250 and a common problem with many of these, rattles ,that need extensive work to rectify:
1. Demand a test drive before you sign anything The salesman will say that it is not possible :the the law says 'buyer beware' ... You would not buy a second hand car without one ? If unahppy don't go ahead.
2. Dont rely on the PDI inspection sheet my car had several problems even though every box was ticked as checked
3. After collection if you notice rattles from the dash , doors etc advise Lexus at once. Advise them that if extensive repair work will be required to rectify the faults you reserve the right to reject the car.
4. Don't be fobbed off with any old date to fix the faults..the dealers know that the longer you have the car the weaker your ability to reject it. Keep the use down to a minimum if you suspect a major repair could be required.
5. Dont take it for granted that JD power surveys mean less problems... the data is a a year old and does appply to this new model.
6 Consider buying a more tried and tested model in the first place!
By following this you may save yourself stress, time and buying a dog
ALan
The above advice has been given to me by an expert in consumer law
hope that helps.
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blimey, looks like the OP has had issues with all his cars!
If i needed to reject all those cars, i would give up and go by bus :-)
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We buy a number of cars per year but have had issues with some of the 5 out about40 ( quite a few lexus) and when we tried to source cheaper imports. BUt glad to say most have been good buys!That is why this time when I saw ( one from a collegue) all the bad reports about the EOS decided not to take a chance on a new model .The EOS forums here and in the USA are full of complaints..returns and refunds Trying to avoid this hassle As the car had not been deliverd just wondered how the deposit would be regarded. My partners and I are particular about our cars but when shelling out 30k shouln'd we be!
alan
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I wonder how many vehicle purchase transactions would actually complete if there was a 7 day cooling off period in which you could cancel the deal - I reckon a *huge* number would be cancelled.
I'm very happy with the last 2 cars I bought for myself and my wife, but probably made mistakes in helping buy both our daughters buy cars - mainly because I let them buy on price, rather than buying the car I thought they should have.
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I *think* that transactions carried out by 'phone are covered by the Distance Selling Regulations, which entitles you to a 7 day cooling off period. However this is just IMO and I'm happy to be corrected by someone more knowledgable
Peter
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I *think* that transactions carried out by 'phone are covered by the Distance Selling Regulations, which entitles you to a 7 day cooling off period. However this is just IMO and I'm happy to be corrected by someone more knowledgable Peter
Yes, I've cancelled a new motorcycle ordered over the phone by a family member using these regulations.
It wasn't easy, and I did have some sympathy for the dealer.
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So you haven't even actually seen the car in question, and you've decided to reject it?
Wow. I bet your local car dealers have your picture on the wall: "Do not sell to this man"!
I would say you haven't a leg to stand on withr egards to reclaiming your deposit (unless the distance selling regs come into force, as stated above)
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