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Car lease PCH all documents signed but car cannot be delivered, breach of contract?
Hello,
hope someone will be able to advise/direct me in the right direction.
I have accepted a quote with a leasing firm for PCH, all papers have been signed including the order forms and finance agreement. I have paid the £180 arrangement fee for the lease co.
However, the lease co has now come back to me saying they placed the order too late on the system and the order books for this model have been temporarily closed. They will eventually open up again at some time as the model is to be replaced by an upgraded version but too late to meet my delivery date and already known at a higher pricing.
They have given me 2 "alternatives" but with totally different specification and informed me I need to be re-quoted for these but they will come in at 20% higher than the agreement I presently have (£380 vs £315 now).
I understand it will be difficult to deliver a car that has not been built and probably never will be, but I would at least have expected a "like-for-like" alternative, not one with lots of whistles & bells on it that I don't desire/require and certainly not for an extortionate amount more.
According to me, I have a contract for a specific brand/model with chosen specifications for £315/mo incl Maintenance. Any deviation from this seems a breach of contract.
Where do I stand if I cancel although would rather then they cancel and pay me back my £180 but with the finance agreement already approved and signed this might be difficult? Can they charge me the £1000+VAT cancellation fee? I am ideally not looking to cancel, just want to be offered a reasonable alternative.
Can they really offer me an "alternative" that is so far off in spec and especially financially? (wording in the order form "If the exact vehicle detailed above is not available by the date required, XXX will offer an alternative". What happens if I do not accept their alternatives because 1. I don't like the spec and 2. more importantly, I can't afford or am willing to pay £380.
The company falls under the FCA, didn't I read somewhere that they aren't even allowed to charge a fee then? Would it be an idea to contact the Finance provider Arval, would they be able to apply pressure to either cancel the agreement from their side or search more intensely for an acceptable alternative?
Please advise,
Thank you
hope someone will be able to advise/direct me in the right direction.
I have accepted a quote with a leasing firm for PCH, all papers have been signed including the order forms and finance agreement. I have paid the £180 arrangement fee for the lease co.
However, the lease co has now come back to me saying they placed the order too late on the system and the order books for this model have been temporarily closed. They will eventually open up again at some time as the model is to be replaced by an upgraded version but too late to meet my delivery date and already known at a higher pricing.
They have given me 2 "alternatives" but with totally different specification and informed me I need to be re-quoted for these but they will come in at 20% higher than the agreement I presently have (£380 vs £315 now).
I understand it will be difficult to deliver a car that has not been built and probably never will be, but I would at least have expected a "like-for-like" alternative, not one with lots of whistles & bells on it that I don't desire/require and certainly not for an extortionate amount more.
According to me, I have a contract for a specific brand/model with chosen specifications for £315/mo incl Maintenance. Any deviation from this seems a breach of contract.
Where do I stand if I cancel although would rather then they cancel and pay me back my £180 but with the finance agreement already approved and signed this might be difficult? Can they charge me the £1000+VAT cancellation fee? I am ideally not looking to cancel, just want to be offered a reasonable alternative.
Can they really offer me an "alternative" that is so far off in spec and especially financially? (wording in the order form "If the exact vehicle detailed above is not available by the date required, XXX will offer an alternative". What happens if I do not accept their alternatives because 1. I don't like the spec and 2. more importantly, I can't afford or am willing to pay £380.
The company falls under the FCA, didn't I read somewhere that they aren't even allowed to charge a fee then? Would it be an idea to contact the Finance provider Arval, would they be able to apply pressure to either cancel the agreement from their side or search more intensely for an acceptable alternative?
Please advise,
Thank you
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