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Old 11-06-2018, 09:15 PM   #21
Andyblue
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Quote:
Originally Posted by c87reed View Post
....It isn't something that I have heard of before (but I've never done a factory order), but the detagging fee of £500 is a measure from VW to prevent dealers ordering a large number of desirable or in-demand cars and assigning them to a random alias so that they can sell them at a later date to any buyer. Not really sure how that worked with my car as it was already on a dealer order.!
Hmmm, if it was already dealer order (and therefore on order) you could speak with the manager again and say this was not your order, you agreed to buy an order that the dealership had already ordered and was therefore allocated to them - not you at the order stage, so really, you shouldn't need to pay for a cancellation fee as you didn't 'order' the car...

Think we know what their answer / response will be - they've allocated it to you, but could be worth a try if you decide you don't want to proceed with the UP...
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Old 11-06-2018, 09:34 PM   #22
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The only other thing that I signed was the receipt for my deposit and that document didn't have any terms or conditions on.

Interestingly, I've read posts on the Up! forum where many claim to have cancelled their orders in similar situations without penalty.

Last edited by c87reed; 11-06-2018 at 09:41 PM.
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Old 11-06-2018, 09:37 PM   #23
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Originally Posted by c87reed View Post
The only other thing that I signed was the receipt for my deposit and that document didn't have any terms or conditions on.
So you haven't signed an order or those t's and c's? Get on the phone to citizens advice and get your deposit back then.

What did the receipt for your deposit have written on it? Any small print or anything?

How did you pay the deposit? Try calling your bank and doing a chargeback if it gets messy but citizens advice should sort it.
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Old 11-06-2018, 10:12 PM   #24
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Originally Posted by Nanoman View Post
So you haven't signed an order or those t's and c's? Get on the phone to citizens advice and get your deposit back then.

What did the receipt for your deposit have written on it? Any small print or anything?

How did you pay the deposit? Try calling your bank and doing a chargeback if it gets messy but citizens advice should sort it.
I will look into it to be sure it's right. The page pictured above is the reverse of the 'VEHICLE ORDER AND AGREEMENT' form which I signed. My deposit receipt form has no further small print and only shows the vehicle details and balance figures, I also signed that. The only T&Cs I have are shown above.

Last edited by c87reed; 11-06-2018 at 10:14 PM.
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Old 11-06-2018, 10:32 PM   #25
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Originally Posted by c87reed View Post
I will look into it to be sure it's right. The page pictured above is the reverse of the 'VEHICLE ORDER AND AGREEMENT' form which I signed. My deposit receipt form has no further small print and only shows the vehicle details and balance figures, I also signed that. The only T&Cs I have are shown above.
Sorry to break the bad news, but you signed a contract.

You also paid a deposit, which clearly relates to your contract. Why else would you hand over money to the dealer? I think you would have a hard time arguing any different.
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Old 11-06-2018, 10:53 PM   #26
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Originally Posted by fatdazza View Post
Sorry to break the bad news, but you signed a contract.

You also paid a deposit, which clearly relates to your contract. Why else would you hand over money to the dealer? I think you would have a hard time arguing any different.
Yes, the deposit does clearly relate to the contract - we can be certain of that. Think about it this way, you also pay a deposit when you order a car from a distance without any face-to-face contact, yet you are still entitled to have that sum refunded should you wish to cancel the contract, even after taking delivery - the deposit would be of little security to a dealer in that instance. Or an alternative would be when you pay a refundable deposit to secure a car prior to viewing.

There is a contract in place, but that doesn't mean that the dealer can do as they please. I will make sure that what they have done is considered 'reasonable'. Yes, I may have a hard time explaining, but that's not to say that I won't investigate the legalities. I cannot be any worse off than I am at present.

Last edited by c87reed; 11-06-2018 at 10:57 PM.
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Old 11-06-2018, 11:16 PM   #27
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Originally Posted by c87reed View Post
Yes, the deposit does clearly relate to the contract - we can be certain of that. Think about it this way, you also pay a deposit when you order a car from a distance without any face-to-face contact, yet you are still entitled to have that sum refunded should you wish to cancel the contract, even after taking delivery - the deposit would be of little security to a dealer in that instance. Or an alternative would be when you pay a refundable deposit to secure a car prior to viewing.

There is a contract in place, but that doesn't mean that the dealer can do as they please. I will make sure that what they have done is considered 'reasonable'. Yes, I may have a hard time explaining, but that's not to say that I won't investigate the legalities. I cannot be any worse off than I am at present.
Not disagreeing with you at all.

However facts are:

1. You signed a contract.


2. You want to cancel that contract. Look at the terms of the contract for cancellation. i.e in what specific circumstances can you cancel the contract?


3. If you cancel the contract, outside of the terms of the contract, The dealer is entitled to "damages" (i.e. compensation for reasonable losses incurred) if you breach the contract.


The link below may help you understand contract law:


https://smallbusiness.findlaw.com/bu...-lawsuits.html
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Old 12-06-2018, 07:03 AM   #28
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Quote:
Originally Posted by c87reed View Post
I will look into it to be sure it's right. The page pictured above is the reverse of the 'VEHICLE ORDER AND AGREEMENT' form which I signed. My deposit receipt form has no further small print and only shows the vehicle details and balance figures, I also signed that. The only T&Cs I have are shown above.
Unfortunately, you signed a form that says vehicle order and agreement. You entered into a legally binding agreement to purchase the car. The dealer will have reserved a build slot at the factory for your spec of car, the GTi.
If you then change your mind its not unreasonable for you to have to pay penalty charges, the dealer will probably have to spend quite some time undoing the order

Look at it like this, if you take out a phone contract and decide you dont want it after the cooling off period, you have to pay a penalty. Itís the same in this situation, because you signed an agreement which no doubt states that in the T&Cís.

As for other people being able to cancel their orders, different dealers will have different rules i guess, all to do with the franchise owner.
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Old 12-06-2018, 08:35 PM   #29
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Remember... If you sign a contract then break the terms of the contract the other party is entitled to reasonable reimbursement under the law. The OP took a car which was already ordered so the dealer might have a hard time claiming £500 is reasonable. Even though heís signed the agreement they canít just keep all his deposit without justification. If he paid £10k deposit on a £15k car so you think the dealer would be allowed to keep it all?

There are lots of other protections which can overrule whatís written in the contract such as Unfair Terms in Consumer Contracts.

OP did you speak to citizens advice.


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Old 12-06-2018, 09:17 PM   #30
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Originally Posted by Nanoman View Post
Remember... If you sign a contract then break the terms of the contract the other party is entitled to reasonable reimbursement under the law. The OP took a car which was already ordered so the dealer might have a hard time claiming £500 is reasonable. Even though heís signed the agreement they canít just keep all his deposit without justification. If he paid £10k deposit on a £15k car so you think the dealer would be allowed to keep it all?

There are lots of other protections which can overrule whatís written in the contract such as Unfair Terms in Consumer Contracts.

OP did you speak to citizens advice.


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I don't think anyone has said that a dealer is entitled to keep all of the deposit irrespective of the size.

Most have stated the basic principle that if the OP is in breach of the contract, then the dealer is entitled to compensation for reasonable losses incurred.
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