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Cancelling a car order - no signed order form

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Old 02 January 2009, 09:28 PM
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Deacon
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Default Cancelling a car order - no signed order form

Sorry if this is in the wrong section - wasn't sure which was the most appropriate.

Basically I ordered a new car but think I'm haveing a change of heart - the order and deposit were placed over the phone, I've recieved an order form from the garage but never signed or returned anything - how do I stand if I want to cancel the order?

Any help gratefully received

Cheers,

Deacon
Old 02 January 2009, 09:45 PM
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PaulC72
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I would imagine it could be classed as a verbal agreement & technically binding but there should be a cooling off period about 14 days usually, not too up on this sort of thing.
Old 02 January 2009, 09:47 PM
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r32
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You should be able to get your deposit back, unless the garage has needed to spend money on your order.
Old 02 January 2009, 09:47 PM
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Snazy
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"should" get the deposit back but in the current climate, they might wanna try the "verbal contract" route to try and keep the deposit, especially if its like a Mini etc where the car is spec'ed to order, so they would be left with a possibly undesirable car.

Technically you can cancel, but getting the deposit back is the variable really.

PS when is collection due?
Old 02 January 2009, 10:11 PM
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zs_phil
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ive got my deposit back twice but it was hard i had to keep on pestering them by ringing them and even popping in ,every time i rang the finance manager who deals with deposits wasnt available or when i went in it was his day off but i did get it in the end
Old 03 January 2009, 12:05 AM
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G00ner
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I cancelled a verbal agreement a few years back on a new STi when another dealer offered me the same car for £2k less.

I got a few whining phone calls, they told me it was now registered to me etc etc, but I never had any comeback from them and eventually they gave up.

Surely a verbal contract would need to be verified by an independant person??
Old 03 January 2009, 12:21 AM
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Boro
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Obviously you cant dispute ordering the car because you have paid a deposit and you wouldnt have done this if you werent happy to go ahead. So this would prove there was a contract albeit verbal.

I doubt anything will happen in terms of ordering the car as per your requirements until they have a signed order form back stating exactly what it is youve ordered, make, model, colour, engine, spec, blah blah blah.

If they HAVE ordered your car based on a telephone call, then more fool them.

The written part of the contract would have terms and conditions on which would be invaluable if anything went wrong with the order.

I doubt you'll have an issue legally but they might try and make it hard for you.

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Old 03 January 2009, 12:28 AM
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Luke
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probably gone bust by end of month
Old 03 January 2009, 08:13 AM
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Look through their written Terms and Conditions, I'm sure that you'll find something that you disagree with; something you weren't made aware of at the time you agreed a verbal contract. You can reject it and you should be able to get your money back.
Old 03 January 2009, 09:49 AM
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Silver Knight
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Now if a dealer went back on a verbal contract "Whoooo" there would be **** flying around about stealers and *******.

Why the hell should you get your money back.

If you approach the dealer amicably you may be able to unwind the deal IF he has not had any expenses and can sell the car to someone else.
Old 03 January 2009, 09:50 AM
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boxst
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I have cancelled a car order as they could not supply the car in time. They didn't want to do it and in the end I had to get my credit card company to sort it out. Which, surprisingly, they did.

The interesting thing about a verbal contract is as above you do not see the terms and conditions, so if you can find a strange clause you can get out of it.

Steve

Last edited by boxst; 03 January 2009 at 09:51 AM.
Old 03 January 2009, 02:45 PM
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Deacon
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Thanks for all the help everyone. Think I'm just getting cold feet in the current economic climate with all the media doom mongering. The car is a new Scirocco 1.4 TSi which I ordered in October on the understanding I would have the car in December - the garage said this was fine as they had one coming in from another dealer. However as we got closer to December it became pretty obvious they could'nt actually supply the car. Without asking me they ordered one in which should be available in January but I said that I wasn't interested as I'd wait till March for the new reg so could I have my deposit back as I didn't want to deal with them as I felt they'd given me the run around (not returning calls, not giving me the full story, etc). Anyway in the end they offered me, what I feel is a very good deal - over the odds on my p/x and a very good discount on the Scirocco (considerably more than I had previously negotiated). Anyway like I said think it's just a bit of cold feet and being sucked in by the media hype.

Thanks again for the advice so far and any other thoughts gratefully received.

Deacon
Old 03 January 2009, 02:51 PM
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Scirocco is a great looking car! IMHO they may be entitled to keep your deposit however if they've messed you around etc then you're probably in a strong position to recover it. Be nice to them though as they have the deposit & you want it back ...

He who has the money is in a stronger position than he who wants it!

TX.
Old 03 January 2009, 02:53 PM
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Luke
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money back or even more discount. dont let them bully you, they will have trouble selling any cars.
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