Deposit paid, spec changed. Can i get money back?

[harvin1975]

Hi,

I paid a deposit on a car with a bunch of options. Car not yet ordered, but have been told that multi-contoured seat is no longer available. I'm after dealer adding Drivers Assistance Pack, but they will not longer apply same discount they applied on overall package.
Another dealer will.

As current dealer has (a) not yet ordered car, (b) spec has been modified, can i request my deposit back and go to another dealer?

Clearly, i'd prefer dealer to simply apply same discount, but rather than continuing to fight for the better deal, i'm seriously thinking about withdrawing from this purchase and going to another dealer that can supply the whole package (with DAP and obviously not the multi-contoured seat) at the amount i'm after.

Thoughts from all you law savvy people out there - am i legally entitled to my deposit back?

Thanks.

 

[renault12ts]

Yes.

 

[gl boy]

Not 100% but surely as it's not the car you ordered and signed a contract for I for one would of said your well within your rights for a full refund ,, I'll stand corrected if I'm wrong .. As you ordered the vehicle at the time with that option ,, good luck with it

 

[harvin1975]

Thanks all. I was wondering because the change to spec is so minor (cant supply seat i wanted) they may argue that otherwise.
Speaking to head of sales on Thursday so i'll see what comes of it.

 

[MBDevotee]

It may be minor, but you just have to say it's "fundamental, and of the essence of your purchase and you wish to repudiate the contract including full refund of all monies paid". They have altered contract. If they refuse point out that the balance to pay is also " minor" and you will alter that down by £15000 if they don't wish to repudiate as that's all the amended spec will be worth to you.

If that doesn't work, get a lawyer, but do all this in writing

 

[MBDevotee]

It may be minor, but you just have to say it's "fundamental, and of the essence of your purchase and you wish to repudiate the contract including full refund of all monies paid". They have altered contract. If they refuse point out that the balance to pay is also " minor" and you will alter that down by £15000 if they don't wish to repudiate as that's all the amended spec will be worth to you.

If that doesn't work, get a lawyer, but do all this in writing

 

[EClassy]

IANAL but have had my fair share of CC claims against businesses. They must return your full deposit as they cant supply what you ordered. If you put a deposit down for a 3 button suit cause you like that style but the tailor can only get you one with 2 buttons, can you be forced to accept the wrong suit? Didnt think so.

Simply ask for a full refund of your deposit if they cant provide the vehicle you ordered. If they refuse, send them a letter giving 7 days for a full refund or you'll start a claim against them. If they dont refund you after 7 days, register on MCOL and stick a claim in....sit back, relax and watch them refund your deposit once they receive court papers.

 

[uumode]

It will be easier if you have a record of the original spec with 'multi-contoured seats' marked, or a written record of their communication that they cannot supply 'multi-contoured seats'

 

[harvin1975]

It will be easier if you have a record of the original spec with 'multi-contoured seats' marked, or a written record of their communication that they cannot supply 'multi-contoured seats'

Cool, I have the former, but not any written communication that they cannot supply the multi-contoured seats - that was just verbal.
Hopefully it won't come to this and they'll just provide me with the car I want as the reasonable price I've offered. For some reason, they just don't want to offer the Drivers Assistance Package at the discount I negotiated earlier.
If not, happy to take all the advice I've been provided here and go to another dealer who can do the deal.

 

[acej]

Yes you can ask for the deposit back. If they quibble tell the, you will take it up with Mercedes UK.

 

[JBD]

Yes you can, no problem. Just be firm

 

[Mike Walker]

OP re your " only verbal" comment above. Suggest you write to them confirming what was said and who by for record purposes. Will make your case a whole lot stronger in my experience.

 

[FaeLLe]

Playing devils advocate, can they not just say we will still supply the original spec just X (2-3 months) later?

Would this not hold up in the dealers favour considering delivery date is never communicated in writing.

 

[MercedesDriver]

Playing devils advocate, can they not just say we will still supply the original spec just X (2-3 months) later?

Would this not hold up in the dealers favour considering delivery date is never communicated in writing.

What kind of a contract it would be if delivery date is not stated in it? Devils one?

 

[wongl]

Playing devils advocate, can they not just say we will still supply the original spec just X (2-3 months) later?

Would this not hold up in the dealers favour considering delivery date is never communicated in writing.

There is a simple way round this delay - just get the dealer to confirm the build date (which can only be done after the dealer has placed an order with the factory). The factory is not going to delay your order unnecessarily.