New Car issue

[drdes]

I ordered a new car which will be ready for me on 1st September. The original contract signed was for the dealership to deliver the car to me. However, the dealer has said that they will not be able to deliver due to COVID (basically they have furloughed all their drivers and they don't want to pay for a transporter). They have stated that they would allow me to cancel the order and return the deposit.

It transpires that some dealerships are trying to encourage buyers to cancel their pre-COVID orders since they have a shortage of stock and can sell these cancelled cars at a higher price.

I am annoyed by this situation and is another example of companies ignoring the law/contracts and using COVID as an excuse. It is in my financial interest to pick the car up myself since (a) the car had a long lead time anyway and (b) I can't get anywhere close to the price now.

My plan is to go and pick the car up and then afterwards take them to the small claim court for the additional cost (cost of taking a taxi which could be £200ish or getting someone to drive me there plus having to take time off work). I don't want to get too aggressive right now since I don't want them to mess me around and quite frankly I wouldn't trust them not to damage the car in some way that's not immediately obvious. My question is how can I "agree" to pick up the car without implicitly agreeing to their breach of the contract.

[des8]

Just tell them you anticipate they will honour the contract, and whilst you appreciate their offer to allow you to cancel your order you do not intend to avail yourself of it.
Who knows what the position will be in September

[drdes]

Just an update on this - issue still outstanding. Car dealer not budging.

My idea at the moment is to make the extra payment to get the car (expected to be delivered on 1st September). However make clear to the dealer that the £200 payment for delivery is under protest (since I do need the car) and once received make a S75 claim under my credit card (the initial £1k deposit was paid by CC). Also (not sure it its relevant) but I am taking PCP on the car as well.

Any thoughts?

[des8]

So the finance house are the actual owners of this new vehicle and should be made aware of the impending problem of non delivery of vehicle at
1st September.
Not sue if your delivery arrangement is a contract separate from your purchase contract

As there is still three weeks to go before delivery and covid restrictions are being lifted, is there any chance of them finding a driver?

I would just tell the dealer that if the vehicle is not delivered on time as per contract you will arrange collection yourself and look to him and/or the finance company for reimbursement and if necessary initiate a claim in the county court.
Keep finance house in the loop.