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1202 posts

Uber Geek
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Topic # 222909 3-Sep-2017 12:31
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First up, for those who have read a similar thread by me 2 1/2 months ago, this is different matter. The last one was satisfactorily resolved as numerous breaches of fair trading act had occurred, so I'm told.

But then I subsequently hashed it up again, by paying another deposit at different dealership, different manufacturer. Life lesson learnt now, I'll never buy another vehicle unless it's sitting there in stock so I can buy it on the spot.

Took a car out for test drive, liked it, paid deposit (by internet banking), signed VOSA. All good. Proudly told people I'd bought this car, 100% told me you idiot, you should have paid extra and got next model up, such a better car in every front.

Went back to dealership, repeated what I was told, they suggested test driving both cars, which I did. This affirmed I made right choice. However following week I was told that another customer wanted same car and colour I ordered, so they either needed to order a second one, but if I had last minute change of mind to one guys at work recommended, then they already had one in the same order. I succumbed to pressure and decided to get other car, since it would make everyone happy (except me) because that's generally how I am. No further paperwork was signed.

Then there was remorse, however "my" car was now sold, no additional car ordered, so I brought up refund and was reminded of the signed VOSA. When the other car arrived, it was sold immediately.

So now I'm in a position where I've been waiting 2 months, with a month or who knows how much more waiting as both cars are sold.

Now the deposit is non refundable, except by conditions, with the condition being "vehicle due 31/8". We are after that date now, no car, no eta, so do I have grounds to cancel and get refund, as simple as that, or with what I've outlined above do you think it's my fault they couldn't meet that deadline as they sold the car to someone else after I switched cars?


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597 posts

Ultimate Geek
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  Reply # 1857604 3-Sep-2017 13:33
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They shouldn't have any reason to decline to refund. They've breached the terms (delivery date) unless they were amended.





"War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself."
- John Stuart Mill


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Uber Geek
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  Reply # 1857607 3-Sep-2017 13:38
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I wold get advice from the citizens advice bureau on this. 


 
 
 
 


228 posts

Master Geek
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  Reply # 1857653 3-Sep-2017 16:24
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You said the second car was in the same order, but then said no additional car was ordered. So that's confusing.

It's one business day after 31/8; if the second car was ordered and due 31/8 then it is not reasonable to have any concerns, just wait a few more days. Anything might have happened including you missing the call that the car was ready.

If the second car hasn't even been ordered, you can get your deposit back, no question.

If the second car *was* ordered and you didn't uplift it, then you have lost your deposit unless you can transfer it to a new order by agreement with the dealer, who would most times agree to that.

But here's some life advice - you need to be more disciplined managing your expenditures.




BlinkyBill



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  Reply # 1857666 3-Sep-2017 17:22
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Sorry for the confusion. Car manufacturer makes 2 models, A and B. There dealership had neither on the floor. I enquired about model A. They said we have one coming in 2 months (along with car model B). However you need to pay deposit and sign up in less than 24 hours or else you'll miss out and we'll sell to other interested woman.

Then when I enquired about model B, I guess as a salesperson they could see if I did change to model B they get 2 sales. So they sold car A to the woman, and B was allocated for me.

However I reverted to car A, but this will be a later shipment, no eta.

The first shipment has now arrived, car A and B, both are sold.

Shipment #2, with another car A, could and probably will be another month away.

I was told I can't get a refund as I signed VOSA, however I would have thought since shippment #1 car A is sold and now the date on VOSA had passed, it's no longer valid? Maybe that "condition" is not like a buying a house condition, and more like a rough guide with no accountability to accuracy?

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  Reply # 1857670 3-Sep-2017 17:24
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Sounds like you messed them around so you have to wait for another car A to arrive.





Richard rich.ms

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  Reply # 1857678 3-Sep-2017 17:53
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Geese: Sorry for the confusion. Car manufacturer makes 2 models, A and B. There dealership had neither on the floor. I enquired about model A. They said we have one coming in 2 months (along with car model B). However you need to pay deposit and sign up in less than 24 hours or else you'll miss out and we'll sell to other interested woman.



Then when I enquired about model B, I guess as a salesperson they could see if I did change to model B they get 2 sales. So they sold car A to the woman, and B was allocated for me.



However I reverted to car A, but this will be a later shipment, no eta.



The first shipment has now arrived, car A and B, both are sold.



Shipment #2, with another car A, could and probably will be another month away.



I was told I can't get a refund as I signed VOSA, however I would have thought since shippment #1 car A is sold and now the date on VOSA had passed, it's no longer valid? Maybe that "condition" is not like a buying a house condition, and more like a rough guide with no accountability to accuracy?

A reputable dealer would give you your deposit back; you need to request a meeting with the dealer principal and not the sales guy, have a reasoned discussion, and I would be extremely surprised if you don't get it back. I'm assuming this is an authorised dealer of a brand readily available in NZ.

But it is very silly to keep changing your mind without amending the paperwork to confirm the final details. It is good practice to confirm details, change the vosa (by hand) and countersign the changes, both parties. Verbal statements aren't worth anything.

Lastly, a month delay is not worth worrying about, my last car took a year to arrive (it was ordered to spec, but even so ...)




BlinkyBill

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  Reply # 1857700 3-Sep-2017 19:19
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So you passed on car A and went with car B. Then changed your mind and went back to car A but were told you'd have to wait for the next shipment. Now you want to get out of your contract because the car you want isn't being delivered on the day stated in the contract?

 

If I were the dealer I'd give you your refund back. Only so I could see the back of you.


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Ultimate Geek
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  Reply # 1857794 4-Sep-2017 00:18
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I avoid buyer's remorse by buying very little.





"War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself."
- John Stuart Mill


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Wannabe Geek
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  Reply # 1858739 5-Sep-2017 10:09
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Just out of curiosity do you mind sharing which car you paid for :-)


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Uber Geek
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  Reply # 1858745 5-Sep-2017 10:18
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Which car do you actually prefer? A or B?

 

Another life lesson might be not to rush when buying a new car.  It seems like long time, but there will always be another shipment.

 

The "sign within 24 hours" melodrama was almost certainly about what's good for the dealer (e.g. monthly target) not you.





Mike

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  Reply # 1858754 5-Sep-2017 10:30
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I am sorry to say, but you sound like a nightmare to deal with. I think you need to think your decisions through and save everyone a lot of trouble. You probably CAN get a refund, but from my perspective, you shouldn't. 

 

I don't think a few days delay on a new car is a big deal.

 

Get your meeting with the dealer principal and be honest but unemotional and see what they have to say. I suspect it's likely they will try and incentivise you to wait for the car you have ordered. 




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  Reply # 1858898 5-Sep-2017 13:05
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Hey look I realise I messed them around, but keep these 2 things in mind - both cars were coming anyway, and both sold before they arrived. Apart from wasting a sheet of A4, a few conversations and emails, a few very short drives, I haven't really put them out.

Also, we are not talking "another few days", or it's only been a day (late) (well a few days now), we are talking a minimum month but no eta, could be 2 months, who knows.

For brevity, a lot of "small stuff" has been left out, if I included that, like I do verbally with people I know, their opinion is that there's been at best poor communication, at worst blatantly lied to. I've been dealing with several sales people and the whole way through they contradict each other. For one example, right from the get go, was told a price, then charged a higher prices, was told this was a special deal just for me, later find it's the same "deal" they offer everyone, and is higher than national price. Knowing the additional information adds balance to the story.

I have been buying 1-3 brand new motorbikes every year, never had a drama. I put that down to fact the main player Japanese manufacturers are extremely good at detailing to the Nth degree all about the bikes and changes of design/spec, finance is clearly laid out as is pricing. Also probably because stock levels are well maintained, so I can see exactly what I'm getting. I have always got a good deal, without asking, and there's been no pressure tactics "you must sign in 24 hours or you'll miss out" and no "someone wants same bike you ordered, so would you like to change to another bike, or do we have to order 2"

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  Reply # 1858993 5-Sep-2017 14:26
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The thing about that pressure ... it's contrived.  It doesn't exist until you believe it does.

 

 





Mike

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  Reply # 1859330 6-Sep-2017 06:18
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Geese: Hey look I realise I messed them around, but keep these 2 things in mind - both cars were coming anyway, and both sold before they arrived. Apart from wasting a sheet of A4, a few conversations and emails, a few very short drives, I haven't really put them out.

Also, we are not talking "another few days", or it's only been a day (late) (well a few days now), we are talking a minimum month but no eta, could be 2 months, who knows.

For brevity, a lot of "small stuff" has been left out, if I included that, like I do verbally with people I know, their opinion is that there's been at best poor communication, at worst blatantly lied to. I've been dealing with several sales people and the whole way through they contradict each other. For one example, right from the get go, was told a price, then charged a higher prices, was told this was a special deal just for me, later find it's the same "deal" they offer everyone, and is higher than national price. Knowing the additional information adds balance to the story.

I have been buying 1-3 brand new motorbikes every year, never had a drama. I put that down to fact the main player Japanese manufacturers are extremely good at detailing to the Nth degree all about the bikes and changes of design/spec, finance is clearly laid out as is pricing. Also probably because stock levels are well maintained, so I can see exactly what I'm getting. I have always got a good deal, without asking, and there's been no pressure tactics "you must sign in 24 hours or you'll miss out" and no "someone wants same bike you ordered, so would you like to change to another bike, or do we have to order 2"

 

You say it was pressure sales but the fact is that both cars did sell in 24 hours so that is a truth.

 

Personally I'd give you the deposit back and send you on the way as you wouldn't be someone that I'd want to be dealing with again.

 

I can't comment on the price negotiations as I wasn't there, if this did change why did you still sign up for the deal?

 

As suggested above maybe be more decisive next time around.





I know a little more than nothing but not much...

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Ultimate Geek
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  Reply # 1859333 6-Sep-2017 06:56
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Geez, everyone here is a bit harsh, this is a guy who i'm guessing is about to probably fork over $50,000+ and just because he's changed his mind the dealer should throw him away. Not very good business sense throwing away probably $10-$15k profit over a couple of days of communication.
Most people don't buy a brand new expensive car to keep for 20 years, i'm guessing the OP would probably go back to the same dealer 3-5 years later to replace and if he did then this dealer has possibly lost two sales and then maybe more.

Give me 15k you can muck me around for a couple of weeks.

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