Reply To: After a long wait the new car is ready. Turns out it’s not the car we ordered!?

#171965
fwippers
Participant

    Hi all, earlier this year I ordered my latest Motability car, we considered keeping the existing one for another year as it’s been under-used (haven’t they all!) but decided that it was time to go for a hybrid. I went for the 4wd model and a few extra treats on top of that and all seemed fine with delivery initially suggested as being the end of January. That was fine, I think we all understand the current delays. Then somewhat surprisingly I got a call the other day from the dealer saying the car was making its way to them and would be ready to pick up next week. We agreed a time, etc and as part of an email exchange I noticed that the model wasn’t what I expected. The engine had been changed to a lower bhp and the car noted in the email was 2wd. (Same extras). I spoke to the dealer and they confirmed the car arriving next week is the lower bhp and 2wd and it was not just some cut and paste error. They don’t seem particularly bothered by it and seemed to think it was great that I’d be paying a bit less advance payment but I’m not particularly happy. Other than it being a hybrid, the 4wd aspect was most important in the spec given where I live and winter driving conditions, etc. I know in the existing car that 4wd has kicked in on occasion and got me out of snowy situations, for example. So, has anyone had this happen to them? A major spec change at the last minute? I’ve all the initial order paperwork from the dealer which shows the correct spec and the confirmation from Motability shows the 4wd model too. (The dealer suggested the 4wd was being phased out so probably that was the cause. I spoke to the manufacturers main sales line and they said it must be the fault of the dealer as once the car order is accepted, they (the manufacturer) wouldn’t change the spec of the delivered car. They were also accepting 4wd orders far more recent than mine to be built.) Not sure where to go with this. I’ve asked the dealer to confirm exactly what happened but as things stand, they are looking for me to go there next week and pay the advance payment/collect the car that I didn’t order. I feel they should be delivering what we agreed and certainly if they don’t, they should be compensating me for taking the reduced spec (on top of the reduced advance payment which is barely any different). Thoughts/opinions/advice?

    As has been correctly pointed out there are a couple of issues. Firstly the dealership appear to be in breach of contract as they have supplied, or are attempting to supply you with a car which is not the one you ordered. Secondly you have not entered into a binding contract. The contract becomes binding only when you enter the PIN. The decision is whether you are happy to accept a lower spec car or start the process again given the current state of the market?