@Tgreen. I appreciate you think you are correct but you are not. We are customers of Motobility and when we decide which car we want to have, we visit a dealer and give them our personal details including NI number. They input these details via their gateway to the Motability system and, if your eligibility is confirmed, Motobility place an order with the dealer for the car. The dealer then raises an internal sales order reserving that car. They may ask you for a deposit, at their discretion, and you can choose to pay it or not. At no time do you sign a legal sales contract for the car as the agreement is between Motobility and the company, you never own the vehicle and you do not start paying until after you input the pin upon collection. As someone who has previous experience with leasing/contract hire and also been the recipient of a number of Motobility cars, I’m very aware of the process.
There is no “grey area” If you sign a new vehicle sales order with a dealership you have committed to a contact for them to supply the vehicle. You are correct that the contact does not start with Motability until the PIN is entered, this is separate as this only guarantees the purchase side of the where the dealer will be paid, the exact same thing of you where taking any finance. For the sale of goods the actual contact is made when the seller (dealer) accepts the money (deposit) from the customer this forms the sale and the signed contract apply. If the contact you signed states no deposit refunds or that you are made aware of this verbally then here the terms are clear. Should anyone cancel a vehicle order where they have paid a deposit it is entirely unto the discretion of that individual dealer to refund the customer should the wish to.
Motability deals with the manufacturer directly, the dealer acts as a third party to Motability. Your agreeent/contract is with Motability not the dealer, as would otherwise be if you were a retail customer, thus falling under the consumer credit act with the dealer as a retail customer. Motability gives instructions on how to sign your agreement/contract, as set out below. To “sign” your Agreement with us, you will need to be with your supplying dealer. You will need to insert your PIN into our system (as directed by your supplying dealer), and this will be used in the same way as if you had used a handwritten signature. Note this Agreement is not finalised until you have inserted your PIN into our system at your local dealership.
I dont know why you keep quoting the motability side of ordering a vehicle. Unfortunately its irrelevant what they say here, if you sign a sales contact that is what the law would determine as contractual law. when you have motability saying the contract is with them and the manufacturer thats true on their side but almost all dealerships are independent franchises this is where your sales contract is with. its irrelevant what mototabily say upon vehicle ordering, its like when you go to take something back and the retailer says no refunds just credit notes etc, thats also nonsense. there are certain rights and parameters that overide terms stipulated by companies. the parameters of the sales contract will be in the document you sign, the law deals in facts, not assumptions on who will be paying for the vehicle you pay a deposit for ordering and the retailer states clearly there is no refunds for non stock items. You will find many shops/retailer will state restocking fees for any returns or cancelations, the same again applies of the customer is made aware at the point of contractual obligations.
If indeed what you say is correct, tell me why every accredited Motability dealer doen’t request a deposit or a substantial deposit a retail cutomer would pay and why do so many Motability customers cancel their order and not be penalised as a retail customer would? The next time you order a Motability vehicle, ask the dealer if you are signing a purchase contract directly with them, as a retail customer would or signing an order form is agreeing the price (AP) type and colour of car for the benifit of Motability’s ordering system and a rcord for you to keep, along with any factory options you may or not have ordered!
Firstly there is no such thing as a non accredited motability dealer, so I don’t know why you would say “accredited” however we are talking on a thread where the OP has confirmed the exactly what you said would not happen
Vehicle deposit required to order the vehicle.