The best way to cancel and get back my deposit?

[TheTallOne]

A change in circumstances is forcing me to cancel my grey MG4 Trophy order. Here's the situation.

I ordered back in October with a delivery estimate on the order form of 31st January. £500 non refundable deposit.

The order forms t&C's state that if 28 days passes after the delivery estimate and I give notice that I want my delivery, and they cannot fulfill this within 7 days, then my order can be cancelled and my deposit returned.

But is that actually the best strategy? The dealer seemed a decent bloke (and reckoned he could get the car well before the end of January) and I wonder if I might be better off just calling up and being honest, and see if I can appeal to his better nature and get back the £500.

But if I attempt that and fail, then he knows I want out, and...I don't know...jumps me up the que knowing I'm going to cancel, to secure the £500. I know that's a cynical view.

So, what do you think is the best way for me to go about this, with the aim of getting my deposit back?

P.S. My understanding is that the car is part of their original allocation, so it's not a factory order, they were getting it anyway.

 

[Ian Key]

People have been complaining that a lot of dealers have not been forthcoming with the truth so be upfront with the dealer.
I suspect the £500 clause is to stop the dealer being left with a car they can not sell but as Trophies are in short supply they should be able to sell it quickly and easily.
If they don't play ball get someone like Citizen Advice to look at the contract just to see if it's enforceable.

 

[siteguru]

Just to note ... there is no such thing as a non-refundable deposit in a consumer contract. If you breach the contract (by cancelling) then they can only either charge you for their costs in servicing the contract (plus readvertising the car) OR their loss of profit from the contract.

Those costs however may well equate to the value of the deposit (so be a moot point) - but you'd be within your rights to demand that they prove their financial loss caused by your breach.

 

[Deleted member 11500]

Just be honest with them. I have cancelled a few cars over the years and I have always got a full refund. If however the car was specifically ordered for you, in a certain spec, the law is actually on their side, I think. In reality, you will get your refund though.

 

[Boilerboy]

A change in circumstances is forcing me to cancel my grey MG4 Trophy order. Here's the situation.

I ordered back in October with a delivery estimate on the order form of 31st January. £500 non refundable deposit.

The order forms t&C's state that if 28 days passes after the delivery estimate and I give notice that I want my delivery, and they cannot fulfill this within 7 days, then my order can be cancelled and my deposit returned.

But is that actually the best strategy? The dealer seemed a decent bloke (and reckoned he could get the car well before the end of January) and I wonder if I might be better off just calling up and being honest, and see if I can appeal to his better nature and get back the £500.

But if I attempt that and fail, then he knows I want out, and...I don't know...jumps me up the que knowing I'm going to cancel, to secure the £500. I know that's a cynical view.

So, what do you think is the best way for me to go about this, with the aim of getting my deposit back?

P.S. My understanding is that the car is part of their original allocation, so it's not a factory order, they were getting it anyway.

I think you will be alright and get your money back.

The only reason i got my Trophy in December was because it was an order that was placed earlier by another customer and they then cancelled because their financial circumstances changed. So for me it was beneficial and for the person whos original order it was, they got their full moneyback. As for my order, the dealership did not cancel knowing that they could easily sell it when it arrived.

When i placed my order, the dealership said that there was so much demand that there was no need to worry about cancelling. In fact they were welcoming orders knowing that they could sell them to someone else on the waiting list if the order was cancelled. I think they would have put fake orders in the system if they could.

Cheers

 

[Greenie]

A change in circumstances is forcing me to cancel my grey MG4 Trophy order. Here's the situation.

I ordered back in October with a delivery estimate on the order form of 31st January. £500 non refundable deposit.

The order forms t&C's state that if 28 days passes after the delivery estimate and I give notice that I want my delivery, and they cannot fulfill this within 7 days, then my order can be cancelled and my deposit returned.

But is that actually the best strategy? The dealer seemed a decent bloke (and reckoned he could get the car well before the end of January) and I wonder if I might be better off just calling up and being honest, and see if I can appeal to his better nature and get back the £500.

But if I attempt that and fail, then he knows I want out, and...I don't know...jumps me up the que knowing I'm going to cancel, to secure the £500. I know that's a cynical view.

So, what do you think is the best way for me to go about this, with the aim of getting my deposit back?

P.S. My understanding is that the car is part of their original allocation, so it's not a factory order, they were getting it anyway.

If you cancel, they'll be able to sell at this year's price. In other words, they'll make a thousand pounds extra on the sale. Unless they want to take the £1000 and your deposit of course...
I'd be interested to know how you get on.

 

[stevegus]

People have been complaining that a lot of dealers have not been forthcoming with the truth so be upfront with the dealer.
I suspect the £500 clause is to stop the dealer being left with a car they can not sell but as Trophies are in short supply they should be able to sell it quickly and easily.
If they don't play ball get someone like Citizen Advice to look at the contract just to see if it's enforceable.

My dealer didnt even take a deposit as the cars were selling so fast he had no problem finding another buyer

 

[livingstone]

My dealer didnt even take a deposit as the cars were selling so fast he had no problem finding another buyer

I paid my £500 deposit over the phone so I am covered by distance selling consumer protection. This means I can reject car without giving reason within 14 days of delivery. Hopefully, I won't need to point this out if my useless dealer plays hardball when I cancel my Trophy order in a few days.

 

[siteguru]

I paid my £500 deposit over the phone so I am covered by distance selling consumer protection. This means I can reject car without giving reason within 14 days of delivery. Hopefully, I won't need to point this out if my useless dealer plays hardball when I cancel my Trophy order in a few days.

Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013, for those interested.

 

[TheTallOne]

So I finally got a call back from these guys. It was not encouraging.

First he said the deposits are non refundable.
Then he said that dealers get charged a fee by MG for cancelling an order.
Then he said there's another fee to pay for changing which customer a given car is destined for.
Then I brought up Distance Selling, he countered that it didn't apply because I'd visited their showroom. Then I told him that I hadn't, that all contact had been over the phone.

Then he went very quiet.

Apparently MG's order management system is currently being upgraded and will be unavailable for a few days. He will call me back as soon as he had an update. We shall see.

 

[NewMG4me]

“Then he went very quiet.”

 

[Ayoull]

“Then he went very quiet.”

He shat his pants on the phone and thought.... The car salesman bs course doesn't cover this eventuality

 

[thejaybeeok]

I cancelled my order yesterday and the deposit was in my bank account today.

 

[remarkable1967]

So I finally got a call back from these guys. It was not encouraging.

First he said the deposits are non refundable.
Then he said that dealers get charged a fee by MG for cancelling an order.
Then he said there's another fee to pay for changing which customer a given car is destined for.
Then I brought up Distance Selling, he countered that it didn't apply because I'd visited their showroom. Then I told him that I hadn't, that all contact had been over the phone.

Then he went very quiet.

Apparently MG's order management system is currently being upgraded and will be unavailable for a few days. He will call me back as soon as he had an update. We shall see.

That's what I was also told. Apparently it should be back up an running from the 15th Feb. Fingers crossed.