Lease vehicle advice

[shaggybfc]

Hi all,
I am in the process of leasing a new car and would like some advice.
I ordered a car through Leaseworld ltd in March 2015. There was an alleged manufacturing issue on the car production line which meant the original timescale to deliver of 10 - 12 weeks was not met - the vehicle was finally delivered to the dealership and they stated a mid August delivery. We obviously was not happy with this and asked if the vehicle can be held to take advantage of the new 65 registration plate. This was agreed by leaseworld ltd. The vehicle, apparently is still not ready as there has been I.T issues and now administration issue, therefore there is no committed delivery date. Leaseworld are using Motoplan ltd, who in turn are sourcing the vehicle through Platts Motors - a Fiat dealer.
The leaseworld 'contract' states that the delivery date was a guideline and not contractual, and once the order has been placed, this is contractual to take delivery of the vehicle.
Someone somewhere has dragged their feet on this. Is there anything I can do on this. Are they in breach of contract over the length of time to deliver the vehicle?

Thanks for any advice

[des8]

Re: Lease vehicle advice

Hi all,

The leaseworld 'contract' states that the delivery date was a guideline and not contractual, and once the order has been placed, this is contractual to take delivery of the vehicle.

Could you post up the whole of that section?
IMO they could well be falling foul of the Supply of Goods and Services Act 1999 which requires traders to supply goods when agreed, or if no date is set, within a reasonable time.
The OFT give this guidance (regarding home improvements but I don't see why it shouldn't apply to car dealers)

Group 2(f): Exclusion of liability for delay
6.43 Suppliers are required by law to supply goods and services when agreed, or, if nodate is fixed, within a reasonable time.

6.44 We do object to terms that:● exclude liability for delay● allow long periods for delivery or completion of work, or excessive margins ofdelay after an agreed date.

6.45 In both cases the effect is to allow the supplier to ignore the convenience ofcustomers and to disregard their commitments on deadlines, including verbalpromises.
The fact that delays may be caused by circumstances genuinely beyondthe supplier’s control does not make it fair to exclude liability for all delays howevercaused.
We object to such terms because they protect the supplier whether or not heis at fault.

6.46 We do not object to terms that exclude liability for delay restricted to circumstancesthat are genuinely beyond the supplier’s control.
Shortage of stock and labourproblems for instance can be the fault of the supplier.
We also take account ofwhether the terms provide a right for the consumer to cancel without penalty, evenwhere the delay is caused by circumstances beyond the supplier’s control.

[shaggybfc]

Re: Lease vehicle advice

Hi thanks, this is the document for the order through Leaseworld.
it states under lead time: "estimate only, not a contractual obligation"
and under agency contract / supply contract. "You will not have the right (under Distance Selling Regulations) to cancel the Agency Contract once we have begun to source the vehicle(s),"

They have now offered a confirmed delivery date fro the vehicle of Friday 11th September - 24 weeks after the order was placed.

Appreciate the advice

[des8]

Re: Lease vehicle advice

Assume you will be taking (delayed) delivery

If they fail, yet again remind them of their duty under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
You now have a delivery date and if items aren't delivered in accordance with the agreed date you can claim compensation

[shaggybfc]

Re: Lease vehicle advice

Hi yes, waited too long to refuse it. We have had a short term rental car for a while now, as we sold our old car anticipating this to be sorted earlier.
Thanks for the advice, it's been exceptional as usual