New car .... wrong one was delivered ....??

[pierre19]

Hi all .... a newbie here ....

 

We ordered a Land Rover Discovery Sport, back in October 2015 and were given a delivery date of 8th March 2016. Took a call from the Dealer yesterday, a PROBLEM ..... the car has been delivered ..... but JLR had delivered the wrong car ..... it's the correct spec but they had added £2,500 worth of extras, which had not been spec'd, on to the car .....

 

Not surprisingly, the Dealer said that they couldn't stand the extra costs .... I said that JLR should stand the extra costs .... but the dealer has ordered a new vehicle .... which should be delivered on 25th March .... not too happy about the situation .....But what are my options .... the extras are not things that we would have spec'd .... Electric seats .... well, we are both the same height .... Xenon headlights ....??? and Rear camera .... could be of use ....

 

So should we walk or offer a reduce amount to get the car already delivered ....

 

Thanks for your help in advance ....

 

Pete

[BazzaS]

Hi all .... a newbie here ....

 

We ordered a Land Rover Discovery Sport, back in October 2015 and were given a delivery date of 8th March 2016. Took a call from the Dealer yesterday, a PROBLEM ..... the car has been delivered ..... but JLR had delivered the wrong car ..... it's the correct spec but they had added £2,500 worth of extras, which had not been spec'd, on to the car .....

 

Not surprisingly, the Dealer said that they couldn't stand the extra costs .... I said that JLR should stand the extra costs .... but the dealer has ordered a new vehicle .... which should be delivered on 25th March .... not too happy about the situation .....But what are my options .... the extras are not things that we would have spec'd .... Electric seats .... well, we are both the same height .... Xenon headlights ....??? and Rear camera .... could be of use ....

 

So should we walk or offer a reduce amount to get the car already delivered ....

 

Thanks for your help in advance ....

 

Pete

 

What does your contract say about delays in delivery?.

Have you already made "time of the essence", and if not, is there any limit in your contract on doing so?.

 

If the contract allows them to delay until 25th March, you are stuck.

 

If the contract allows you to void the contrac (for non-performance)t, either now, or before 25th March : your options are:

a) offer them a sum that towards the difference that allows you to take the higher spec car now, telling them that if they don't agree you will walk away, or

b) Tell them you want the car with the minimum spec you paid for on , as provided for in your contract. If they can't deliver a car to that spec by then, you are voiding the contract, and they can do what they want with the car that has already been delivered, since you aren't taking it at any price higher than the already agreed price - the extra's weren't requested by you and they can either supply them free, another car to the required spec, or refund your deposit.

If they supply them at no extra charge, they can talk to JLR about who bears the loss - you shouldn't have to.....

 

Clearly, option a) stands more chance of succeeding in getting you a car sooner .....

If the contract was voided, how long extra would you have to wait to get another car?

Were there any complicating factors (such as a part-ex vehicle), and if so, do you still have that car?.

[pierre19]

What does your contract say about delays in delivery?.

Have you already made "time of the essence", and if not, is there any limit in your contract on doing so?.

 

If the contract allows them to delay until 25th March, you are stuck.

 

If the contract allows you to void the contrac (for non-performance)t, either now, or before 25th March : your options are:

a) offer them a sum that towards the difference that allows you to take the higher spec car now, telling them that if they don't agree you will walk away, or

b) Tell them you want the car with the minimum spec you paid for on , as provided for in your contract. If they can't deliver a car to that spec by then, you are voiding the contract, and they can do what they want with the car that has already been delivered, since you aren't taking it at any price higher than the already agreed price - the extra's weren't requested by you and they can either supply them free, another car to the required spec, or refund your deposit.

If they supply them at no extra charge, they can talk to JLR about who bears the loss - you shouldn't have to.....

 

Clearly, option a) stands more chance of succeeding in getting you a car sooner .....

If the contract was voided, how long extra would you have to wait to get another car?

Were there any complicating factors (such as a part-ex vehicle), and if so, do you still have that car?.

 

Hi Bazza .... the contract allows for a delay of up to 28 days .... from estimated delivery date .... so they are still within this .... and Yes we have a Part-ex, which we still have and are hoping for a private sale. The Dealer has offered a complimentary MOT on our car, as the delay would take it over the current MOT ....

 

Cheers

 

Pete

[BazzaS]

Hi Bazza .... the contract allows for a delay of up to 28 days .... from estimated delivery date .... so they are still within this .... and Yes we have a Part-ex, which we still have and are hoping for a private sale. The Dealer has offered a complimentary MOT on our car, as the delay would take it over the current MOT ....

 

Cheers

 

Pete

 

If they are still within the delivery period allowed, you don't really have much in the way of bargaining power : they can say "ohh well, let's wait until 25th March then".

 

It's up to you : wait until the 25th (and their offer of a free MOT seems reasonable), or work out how much it is worth to you to have the higher spec car sooner.

Offer them that much as an alternative. Has the new car been registered already (does it have a number plate and registration document with your name) : this may influence how low an offer by you the dealership will accept .........

[pierre19]

If they are still within the delivery period allowed, you don't really have much in the way of bargaining power : they can say "ohh well, let's wait until 25th March then".

 

It's up to you : wait until the 25th (and their offer of a free MOT seems reasonable), or work out how much it is worth to you to have the higher spec car sooner.

Offer them that much as an alternative. Has the new car been registered already (does it have a number plate and registration document with your name) : this may influence how low an offer by you the dealership will accept .........

 

Yeap, I was happy with their offer of MOT .... from the 13th we will be out of warranty and breakdown cover which I would like to think they will put some cover in place ....

 

I haven't been told that it's been registered or plated ....

 

I'm thinking of leaving them to stew over the week-end and then offer them £500 if they put out £500 (either from the Dealer or JLR) to cover the actual cost of the extras not the full retail mar-up.

 

Cheers

 

Pete

[BazzaS]

Yeap, I was happy with their offer of MOT .... from the 13th we will be out of warranty and breakdown cover which I would like to think they will put some cover in place ....

 

I haven't been told that it's been registered or plated ....

 

I'm thinking of leaving them to stew over the week-end and then offer them £500 if they put out £500 (either from the Dealer or JLR) to cover the actual cost of the extras not the full retail mar-up.

 

Cheers

 

Pete

 

Don't forget VAT.

Try to consider how much JLR will actually charge the dealership for the extras (bearing in mind JLR may have to make some contribution for their error).

Then add 20% for VAT.

 

The dealership may be unwilling to accept less than this (it is their break-even point to give them their planned profit), although they might factor in some for goodwill.....