deposite paid (1 Viewer)

Dec 20, 2010
1,450
2,255
birmingham
Funster No
14,721
MH
kon-tiki 669. mazda bongo
Exp
since2011
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.
 
Feb 24, 2013
12,085
95,820
Bolsover, Derbyshire
Funster No
24,833
MH
Hymer S800
Exp
not long enough
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
 

Puddleduck

LIFE MEMBER
Jan 15, 2014
11,541
36,210
Scottish Borders
Funster No
29,703
MH
SunLiving Lido M45SP
Exp
On and off for many years.
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. :)

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Last edited:

Techno

LIFE MEMBER
Jul 28, 2010
15,474
19,656
Leeds the one up North
Funster No
12,905
MH
Rapido 7090F 3 litre 160
Exp
May 2010
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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Puddleduck

LIFE MEMBER
Jan 15, 2014
11,541
36,210
Scottish Borders
Funster No
29,703
MH
SunLiving Lido M45SP
Exp
On and off for many years.
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.
 

Puddleduck

LIFE MEMBER
Jan 15, 2014
11,541
36,210
Scottish Borders
Funster No
29,703
MH
SunLiving Lido M45SP
Exp
On and off for many years.
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.
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.
 

etap

Free Member
Nov 19, 2014
256
227
Somerset
Funster No
34,277
MH
Chausson Flash 610
Exp
3 years
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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M

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
 
Nov 3, 2013
2,611
6,585
Portugal
Funster No
28,868
MH
Fiat Ducato Auto Wildax
Exp
C/van since '73 .M/h.2009
Hi.
New models come out september time........... Just a thought.
Tea Bag
 

PJGWiltshire

Free Member
Mar 11, 2013
1,385
1,789
Arundel
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25,066
MH
A Class
Exp
since 2009
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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PJGWiltshire

Free Member
Mar 11, 2013
1,385
1,789
Arundel
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since 2009
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.
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.
 
Oct 12, 2013
818
900
Filey
Funster No
28,535
MH
N and B Flair
Exp
Since 2014
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...
 

Judge Mental

Funster
Deceased RIP
Sep 2, 2009
6,659
5,895
Sarth London
Funster No
8,272
MH
Possl 636 FR panel van
Exp
1994 and beyond...
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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DBK

LIFE MEMBER
Jan 9, 2013
16,622
39,901
Plympton, Devon
Funster No
24,219
MH
PVC, Murvi Morocco
Exp
2013
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.
 

TheBig1

LIFE MEMBER
Nov 27, 2011
16,012
34,410
Dorset
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19,048
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A class
Exp
many many years! since I was a kid
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
 

Lenny HB

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Oct 18, 2007
37,843
82,631
On the coast in West Sussex
Funster No
658
MH
Hymer B678 Dynamic Line
Exp
Since 2008 & many years tugging
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.

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.

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OP
Chocy boy
Dec 20, 2010
1,450
2,255
birmingham
Funster No
14,721
MH
kon-tiki 669. mazda bongo
Exp
since2011
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
 
Sep 16, 2010
2,893
2,605
Bungay Suffolk
Funster No
13,734
MH
C Class
Exp
Since 2010
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..
 
Aug 18, 2011
11,113
15,782
derbys
Funster No
17,808
MH
AUTOSLEEPER SYMBOL
Exp
since 2007.Tugger before since 1970
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.

Not a good dealer reading posts on this forum. I had a part exchange offer off them that was £4000 less than i obtained from another dealer,,,BUSBY. :(:(

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Soozywoozy

Free Member
Feb 18, 2014
534
452
Oxfordshire - edge of the cotswolds
Funster No
30,162
MH
Hymer B 704SL
Exp
2014, 2 motorhomes
Talk to citizen advice. They were incredibly helpful when we had a few issues with Lowdhams. Won't go into details but lowdhams were so far off, but quoting a bit of law and sales of goods act got things going with citizen advice helpLove our motorhome, but will never ever use them again.
 
R

Robert Clark

Deleted User
My advice would be to write to the dealer asking them to confirm within 7 days when your van will be ready
If the can't give a date then it probably would not be considered unreasonable to cancel
If you paid your deposit by card you may be able to claim a refund from your card issuer
Best of luck
 

Brian and Jo

LIFE MEMBER
Sep 24, 2007
2,999
6,403
oswestry,shropshire
Funster No
368
MH
A-Class N+B Arto 88F
Exp
Been motorhoming for 15yrs.had an American RV for 7yrs,Now got a Niesmann Bischoff Arto 88F
HI there guys we ordered a new motorhome last September and were given an estimated time of 3rd week of march.but now Fiat are 4wks behind with their RHD tag axle chassis.we now have a confirmed date for week 17 which I believe is the 3rd week of April:rolleyes: not a lot we can do really,shouting and screaming doesn't get anyone anywhere.not long to go now anyway. good luck with your swift,hope all goes well,im sure it will(y)
Brian & Jo

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PJGWiltshire

Free Member
Mar 11, 2013
1,385
1,789
Arundel
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25,066
MH
A Class
Exp
since 2009
HI there guys we ordered a new motorhome last September and were given an estimated time of 3rd week of march.but now Fiat are 4wks behind with their RHD tag axle chassis.we now have a confirmed date for week 17 which I believe is the 3rd week of April:rolleyes: not a lot we can do really,shouting and screaming doesn't get anyone anywhere.not long to go now anyway. good luck with your swift,hope all goes well,im sure it will(y)
Brian & Jo
Thats the information you need, the manufacturer has given a perfectly good reason as to why they cannot build the MH and now it appears that have a delivery slot, followed by build time. That in a lot of cases is all after any delay is wanted. From the OP it appears that no information is forthcoming
 
Mar 1, 2015
122
146
Liverpool
Funster No
35,291
MH
Frankia 840GD
Exp
Since 2015
We also order a Kon-tiki 649 Auto 3.0 in the October NEC show from Brownhills. We did try Lowdhams but they seemed ought and only interested in getting a sale at any cost. We were told estimated delivery date was May 2015. I have been kept in contact by brown hills every 4-6 weeks keeping me updated regarding the delivery date. It was changed to 30/3 and the next week amended to 1/4. This was re-confirmed yesterday.

In the mean time I have looked at getting a van imported from Europe but as the Euro is so good in my favour, I would lose me £1000 deposit but I would save a lot more due to the Euro. But delivery times in Europe are worse than UK. Going to Europe does not mean a quick delivery unless you are either lucky to find the model you want or make some compromises.

I would send a letter to the dealer stating the estimate has passed and would request a more accurate delivery date. If they cannot meet the date then request they supply you a van so you can travel on any dates you have booked for travel.

I bought a Merc and it was delayed by 3 months and the dealer supplied me with an equivalent car whilst I waited. I then got 5 years servicing and £250 of fuel from Mercedes for the inconvenience.

Good luck.
 

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