Thankyou Glos guy, do you have any idea of what I should write up in an email to them? I’m usually pretty good with that sort of thing but I haven’t been doing too great recently
Difficult to advise Lou without knowing the whole story, or your circumstances, but perhaps something along the lines of;
“Dear X,
As you know, I have cancelled my order with you for a BMW X1. I ordered the car in good faith, but the constantly slipping delivery dates and lack of communication caused me to lose confidence in your ability to deliver the car in an acceptable timescale and I have therefore ordered a different make of car from another dealership.
At the time of ordering I paid a deposit and contribution towards the optional extras of £x. As of today, I have yet to receive a refund for this deposit. As you will know, deposits are not required as a condition of a Motability order and are discretionary. As the vehicle order was for Motability Operations, rather than myself, I have not entered into a legally binding contract with you. You will also be able to easily re-assign this factory order slot to another customer, either within your own dealership or elsewhere. I am advised that there are delays on X1 orders at present and you will have no difficulty whatsoever in re-assigning this order. Consequently, your dealership will incur no financial loss as a result of my cancellation and, coupled with the fact that this was not a legally binding contract, I therefore request an immediate refund of £x.
I regret that if I have not received this refund by close of play on Friday 7th May, I shall be left with no option but to raise a chargeback claim through my card provider. This will cause your dealership to incur additional charges that could be avoided. Furthermore, I shall also be forced to raise a formal complaint with BMW UK and Motability. As a Motability customer I have many challenges to deal with and having to battle with an authorised BMW main dealership over a deposit for a car that you were unable to provide in a timely manner is not one that I expected, nor deserve. If you are unable to provide this refund by Friday 7th May, I would appreciate a written explanation from your Dealer Principal in order to inform my formal complaints. Yours sincerely x”
You will obviously want to add or delete elements based upon your specific case. I wrote a very similar letter for another member recently and they got a positive outcome, so good luck.