Hi guys
Can anyone help me out with my rights?
I ordered a Hyundai i30 under scrappage on 0% finance. It was a very good deal. Too good, in fact, as the dealership has just called saying they are withdrawing from it.
I paid £500 deposit, both they and I signed vehicle order form, etc.
This is the first time I've bought a new car and don't know my rights - do these things happen?
Thanks in advance
hyundai_help
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Check out any Ts and Cs - I may be wrong, but normally a verbal or written contract is binding.
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So what would happen if the contract was agreed and drawn up, the deposit was paid then a week later the buyer lost their job and had to pull out.....Where would the dealer stand, could they force the buyer to go ahead with the sale??
Has the dealer given an explaination? Is it connected with the fact that Scrappage is coming to an end?
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They would keep the £500 deposit and either cancel the order or sell the car to another buyer.
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No, I shouldn't have been offered scrappage discount and 0% apparently - it's either / or.
They took bank details, did credit check, I spoke to the underwriters, had the finance "approved".
I'm not unreasonable, but the credit checks without following on and taking up the finance (through no fault of my own) will leave a black mark I understand (not a huge deal to me, but is a "damage"), and the sheer waste of time and effort to be back to square one is infuriating!
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They entered into a legally binding contract, unless it says so somewhere in the Ts and Cs (which would probably breach your statutory rights anyway!) then I don't think they can back out, speak with Trading Standards.
Good luck!
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As I understand it, you can't force the dealer to complete the contract.
What you can do, which is messy, is to buy the car elsewhere and then sue them for any additional cost that you incur.
It might be better to speak to them reasonably forcefully, or else write to them, and insist that they go ahead. Ask them what they would have done if you'd changed your mind (they'll probably lie though and say they'd give you your money back).
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Think of it as a lucky escape. You surely didn't really want a Hyundai did you?
Only kidding......Hope it ends well.
;-)
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I30 Updated car available 4/1/2010
Probably withdrew as old models sold out!
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The contract does state they can pull out of the deal and retrun your deposit as if nothing had happened. As long as they give you your money back, you have no comeback.
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>>The contract does state they can pull out of the deal and retrun your deposit as if nothing had happened. As long as they give you your money back, you have no comeback. >>
I am not sure about that, yes there will be caveats around the manufactuers inability to supply etc, i.e. protecting the dealer, though this should not be used to cover their error.
I would be quite forceful and say that you expect this to be honoured otherwise you will expect them to cover additional costs incurred in purchasing elsewhere.
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Suggest you google 'loss of bargain', which is the legal term you need.
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I have heard that if, as a buyer, you pull out of a deal, the dealer can keep your deposit and pursue you for the loss of profit on the car, even though they can sell it to someone else.
Why, therefore, should a dealer be allowed to pull out of a contract, without incurring a financial penalty ?
Edited by Mr.Tee43 on 27/01/2010 at 08:37
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I have heard that if as a buyer you pull out of a deal the dealer can keep your deposit and pursue you for the loss of profit on the car even though they can sell it to someone else.
That's correct. I've never heard of that happening though.
The contract does state they can pull out of the deal and retrun your deposit as if nothing had happened. As long as >> they give you your money back, you have no comeback
...but the contract can't be unequal - they can't pull out of the deal with no repercussions if they wouldn't allow you to do the same. The OP's situation is the reverse of normal though - usually it's the customer trying to get their deposit back.
Edited by Bill Payer on 27/01/2010 at 08:53
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It happened to someone I know many years ago, although it was not a brand new car but a nearly new one.
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To the OP, any more news or are you left Hyundrai ;-)
Sorry I couldn't resist, mitigated by my sensible answer above.
It would be interesting to hear a definative legal view.
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Cheddar - The law of mistake in relation contracts is your starting point. Happy reading!
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Happy reading!
I dont want to research though, a few bullet point here would suffice.
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In reply to Bill Payer:>> I have heard that if as a buyer you pull out of a deal the dealer can keep your deposit and pursue you for the loss of profit on the car even though they can sell it to someone else. >> >> That's correct. I've never heard of that happening though. >>
It does happen, and there have been cases posted on this forum.
In reply to Cheddar:... It would be interesting to hear a definative legal view. >>
;-) The one definitive thing about legal views is that they are never definitive.
Even the Lords (now the "Supreme Court") can get overruled on some matters by the highest court of the land, that land of course being the EU.
Back to the OP:
Hyundai have a new scheme to replace the scrappage offers, and Hyundai HQ is keen to keep all its old and future customers sweet, so the OP may still get his deal.
The following is an extract from a real contract's T&C by company X:
1 If you cancel this contract otherwise than in circumstances permitted by this contract or fail to take delivery of, and make payment for, the vehicle at the agreed time, or if no time is agreed within 14 days of X giving written notice requiring you to take delivery, then:
(a) your deposit will be forfeited and you will be responsible to X for any loss of profit and other reasonable and foreseeable losses which we may suffer;
(b) X will be entitled to resell the vehicle to a third party without giving notice to you of its intention to resell.
2 If X is in breach of its contract to deliver the vehicle to you, you will likewise be entitled to seek recovery of your deposit and your reasonable and foreseeable losses which you have incurred as a result.
3 If X is unable to supply a vehicle for some reason which is beyond its reasonable control, then X may by notice in writing to you cancel this contract without penalty. Any deposit on the vehicle paid by you will be refunded in full. You will remain responsible under the contract.
4 If the contract is cancelled as a result of a breach of the contract by you or as a result of X being unable to supply the vehicle for a reason beyond its reasonable contract, then any agreement by X to take a vehicle in part exchange will also be cancelled, unless the part-exchange vehicle has already been sold by X, in which case the price obtained by the sale (less payments we have made to settle the outstanding finance on the vehicle), will be paid to you.
Edited by jbif on 27/01/2010 at 22:47
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I bought a Colt on scrappage. Also Mitsi gave me 50% int free finance for 12 months. No probs
MD
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