Price increase. Refund of deposit?

[BankFodder]

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

WWW.LEGISLATION.GOV.UK

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These Regulations implement most provisions of Directive...

28.1 (b)

Might cause a problem

[Maxim2245]

I would have to agree that it is personalised as I specified the model, colour and extras. 

 

You say "might" so is there still any other option? 

[BankFodder]

I think it might be too risky trying for a reimbursement under the distance selling rules.

This means I think we would have to look at the proportionality of the deposit against your breach of contract.
They are entitled to recover administrative expenses caused by your breach – but nothing more.

The problem here is that administrative expenses might well include building the car to your spec. You then have to find out what they eventually sold the car for to someone else and see if they had lost any money as a result of the breach.
That would be the basis. In addition to that there could be other administrative expenses such calculating the cost of free advertising the vehicle, inviting people to see it et cetera.

And of course they might want to argue that the deposit was simply the contractual price of holding the car for you and that they had satisfied this. I think they might be hard pressed – but it is an argument that you would have to deal with.

What do you think the resale value of the car might be if you sold it off straight away with 0 miles on the clock.

[Maxim2245]

It's a funny one. They are sone advertised at 30k over list and some at 10k over list but I would say one could break even if looking for a quick sale. 

[BankFodder]

Unfortunately, by agreeing to their subsequent offer you have rather compromise your position.

I think we can only advise you as to your various rights and you probably know them now. It's up to you to carry out calculations in order to decide what your best interests might be.

 

[Maxim2245]

I understand. Thank you for trying nevertheless. It's appreciated. 

 

One more question. Can they stop me from selling the car before I get it? I know most companies who have waiting lists on cars frown upon people selling the cars. Some manufacturers make you sign documents to say you won't sell for a time period.

[BankFodder]

No they can't. But on the other hand, don't forget that if something goes wrong then you risk being in a breach of contract with your purchaser.
Then they might come here and we might have to advise them against you! 

[Ethel Street]

53 minutes ago, Maxim2245 said:

One more question. Can they stop me from selling the car before I get it? I know most companies who have waiting lists on cars frown upon people selling the cars. Some manufacturers make you sign documents to say you won't sell for a time period.

 

It is possible for a seller to include a clause in a contract to prevent you selling it on before you have become the owner. A common example of where sellers often impose this restriction is Event tickets. 

 

BUT a clause like that has to be included in the contract you signed when you placed the order and clearly brought to your attention. And as we have been discussing no contract was ever given to you and they have not told you that there is any restriction in the contract on reselling before the car is delivered.

 

So no they can't suddenly add a clause like that now.