Reply To: deposit on seat ateca

#255116
Mossfinn
Participant

    @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.

    It’s not that I think I am correct, it’s the law! contractual law is my speciality. and I’m afraid you are very wrong. The law operates in a very strict way (facts) a new vehicle order form is a sales order, how its paid for is a different matter, if you “order” a non stock item (factory order) its entirely unto the retailer to refund or not if the vehicle order is subsequently cancelled There is of course actually real life incidents of customers being refused refunds by the retailer im sure there was one on this forum and on numerous other forums for clarification for you. Motability would have zero say if I retailer refuses a deposit for a vehicle ordered. If it was a condition, no one would ever be asked for a deposit What you have described is the internal process that of motability from your understanding.

     

    Ok, please explain how I can legally place an order for a product that will belong to a third party, I will never own and I have no authority to order?