deposite paid

Discussion in 'Motorhome Chat' started by jo-ca, Mar 8, 2015.

  1. jo-ca

    jo-ca Funster

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    Hi all,I orderd Swift Kontiki from Lowdams, Nottingham,at the October motorhome show. I was told that it would be ready by April/May. I contacted them the other day and they Told me it will not be ready. They could not give me a date as to when it will arive. I told them that if it is not ready I might cancell as I have booked meets and a ferry. They said that I would loose my deposite of £2000. On the contract it says estimated deliver would be April/May. Surely they have broken the contract by not supplying by the given date. Any help whith this matter.
     
  2. DavidG58

    DavidG58 Funster

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    tough one, I share your anger, but if I were the dealer I would point out the word 'estimated'

    I don't think threats will get you much at this stage, maybe try and negotiate a free hire from them

    I presume your ferry is not till June at the earliest, have you actually been given a delivery date now, there is still time for it to work out OK
     
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  3. Puddleduck

    Puddleduck Funster

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    I think the "estimate" for the delivery date is their get out clause. If it had been a firm delivery date then the contract could then be frustrated. However if the new delivery date is delayed more than reasonable you may be able to cancel and get your deposit returned, the problem would be in ascertaining what is reasonable. Have they given you a new delivery date - in writing?

    You need to make the date of delivery material to the contract but the delivery date you set has to be reasonable.

    Do you want the Kontiki even if it is delayed by a month or two or would that not be acceptable? Could they loan you a motorhome in the meantime - and would that be acceptable?

    I would suggest you go to Citizen's Advice and ask for their help - but make sure you know what would be an acceptable compromise to you.

    No doubt a real lawyer will be along soon to correct me. :)
     
    Last edited: Mar 8, 2015
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  4. Puddleduck

    Puddleduck Funster

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    You will need to stay on reasonably good terms with them for any warranty work :(
     
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  5. simsy56

    simsy56 Funster

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    Estimated is the key word I'm afraid.

    Craig
     
  6. Techno

    Techno Funster Life Member

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    Surely the TWO MONTH window of April/May is what is meant by estimated. The delivery date ought to be within that in my view. Otherwise they may as well say some time this year.
     
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  7. Puddleduck

    Puddleduck Funster

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    What I do find unacceptable is that you had to contact the dealer to ask about the delivery date. I would have expected that they should have contacted you as soon as they knew the delivery would be later than expected.
     
  8. Puddleduck

    Puddleduck Funster

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    I think that they would say they estimate it to be in April or May but it could have been earlier and (as it happens) it may be later. Remember that the dealer is at the mercy of the manufacturer - I'm not defending them as I think they should have contacted their customer as soon as they realised there would be a delay.

    What is acceptable in delay after an estimate of April/May will vary from person to person - I hope the van arrives soon and is 100%. The delay could be a bargaining chip for a freebie or two.
     
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  9. etap

    etap

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    I would be inclined to ask the dealer for a firm new delivery date, which one would have thought ought to be within a reasonable time after the estimated dates, after all they cannot keep you hanging on for ever in all reasonableness. It maybe that delivery will be completed very soon after the estimated date so don't loose heart.
    Etap
     
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  10. Madwife

    Madwife Deleted User

    I don't know if the following would apply in your case but you could give it a try - we ordered a sofa and had an estimated delivery date as beginning of March when we signed the contract and paid the deposit. When we still didn't have a firm delivery date by the end of April I decided to cancel the order. The company said I could not do so but I told them they were in conflict with their contract as a reasonable time had elapsed and no delivery date was imminent. I visited the store, spoke to the manager and he agreed that we had an unreasonable wait and canceled the contract and refunded the deposit. I know its not in the same scale in terms of cost (although it was an expensive sofa) but if you feel you want to cancel you could bring 'conflict with their contract' into play.



    Kath
     
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  11. Tea Bag

    Tea Bag Funster

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    Hi.
    New models come out september time........... Just a thought.
    Tea Bag
     
  12. PJGWiltshire

    PJGWiltshire Funster

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    The word in the contract is'Reasonable time' Now that they have informed you that the original delivery time will not be met they should give you a new delivery time. You then take that in consideration to the original order. If you were given that date when you ordered was that a reasonable time. It has already been said that the contract is not subject to the given delivery date but you as the buyer have a degree of control as to what is reasonable. If they give you a new date several months away you then decide if that is reasonable and agreeable. If you paid the deposit with your credit card give the CC a call and seek their opinion as to cancellation as they are tied to the contract as well. On that point if you did pay with a CC and you pay the balance by cash the CC are still tied to the contract and are fully liable under consumer law. Over all the company need to give you a new estimated delivery time for you to make a decision.
     
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  13. PJGWiltshire

    PJGWiltshire Funster

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    Also you say that they cannot give you a delivery date. Missed that on 1st read, that is not acceptable as without any indication that is not reasonable. You could be waiting years. Consider getting the supplier to put in writing a delivery date. Then contact Swift about your order to see if they can assist you. If they cannot give a delivery date seek firm legal advice and again if you paid with CC the CC will need to be involved. It is not the case that you do not want the MH thus cancelling and therefor the supplier may wish to hold the deposit as they are committed to a contract with Swift,If it is a case of non delivery by Swift if the matter goes on of course both you and the dealer must be able to walk away from Swift if they cannot deliver.
     
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  14. Hotelman

    Hotelman Funster

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    Well, after our problems last year I understand, just read my thread from last March and April. The question is.....is it the dealer unable to pay for the van, or is it a problem with the deliveries from the factory.
    We got stressed, got p'''ed off, but once it arrived, WOW, best thing we have ever done.
    My advice is keep chasing, don't get to stressed, ( nothing you can do about it), and before you realise it, you will,have forgotten about the stresses...
     
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  15. Judge Mental

    Judge Mental Funster Deceased RIP

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    A prime example of why I prefer to buy from stock...far easier in Europe where market vast compared to here...
     
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  16. John Laidler

    John Laidler Funster

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    From my own experience and from stories I've heard from others estimated delivery dates can be pretty flexible, in the sense they are a best guess.
    When you ordered in October the estimated delivery date was between 6 and 7 months away. A bit of slippage to say 8 or 9 months I don't think any court would consider unreasonable. The dealer doesn't make any money unless they sell the MH to you so they should be motivated. Unless of course they are in financial difficulties and trousered your deposit, but I have no evidence this is the case.
    I can only suggest patience but back this up with telling them and Swift you have a ferry booked. Make a nuisance of yourself but don't fall out with them.
     
  17. TheBig1

    TheBig1 Funster Life Member

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    a full six months past estimate of delivery is not uncommon with some manufacturers. however your order will be in the system and the factory can give the dealer a planned build date. delivery to you could be a month after that to cover delivery to dealer, pdi, paperwork and dealer accessories fitted
     
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  18. Lenny HB

    Lenny HB Funster

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    Afraid not if the total purchase price is over 30k no CC protection.
    They should not be taking deposits if they cannot keep to a delivery date.
    Pleased to say we have never had a problem both the vans we have ordered have been at the dealers weeks ahead of delivery date.
     
  19. jo-ca

    jo-ca Funster

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    Thanking you all in your replys. I will contact Swift on Friday and explain evr]ery thing to theem. I will then post again to let you know how I get on. Thanks again. JP
     
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  20. jenny and mitch

    jenny and mitch Funster

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    Joca, try telling Swift that you have booked the ferry AND holiday sites.. They SHOULD be able to re-schedule your van onto the assembly line !! Worth a try. !!

    Good luck..
     
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