Jeez, what a kerfuffle over nothing. There are 2 order forms, one from Motability. Another is the factory order form from the dealership. I signed one to oder a factory vehicle, and on that order was the owner, Motability sale, and the price was the AP. This order form is required to initiate the factory order. The vehicle was ordered by this form before my renewal window opened. Given the long wait times for factory orders, some dealers like to do it this way. As for a deposit requested by the dealer, it must be done in writing and signed by the customer. The deposit scheme must be ok with motability.
Well put. I’m amazed by some of the claims on here by “experts” I didn’t sign anything when I ordered my last car and , because of an AP drop, the dealer cancelled my Motobility order and re ordered without touching the internal sales order. If anyone cares to log onto their online account, press the leasing link and open the PDF, it shows that the owner of the car is Motobility Operations, we are the hirer from Motobility and the dealer is the supplier. If Motobility is the owner then we cannot enter into any legal agreement with a third party for a product we don’t own. The deposit is an agreement between you and the dealer to hold a reservation, similar to a restaurant table etc and if you cancel is subject to the understanding between the two of you. It does not prevent you from withdrawing. I think there is too much argument of principle and not reality.
Agreed!
The only reference of “deposit” Motabililty makes, refers to the advance payment or part of, if the dealer requests this.
The reason no one will ever have to pay a cancellation fee or loose their deposit, is because it would not be legally enforceable. At no stage do we ever enter into a legally binding contract with the dealer as we are not the “purchasers”. The only legally binding contract that we enter into, is with Motability Operations once we have entered the PIN on collection day. Dealers may try it on and withhold any depost (if you payed one) but will soon back down once challenged with legall action or small claims court. A dealer would have to prove in a court of law, that they have lost out financially, which would be very difficult indeed because (a) you are not the purchaser (b) They would be financially better off selling the car to a retail customer.
The only time an enforeable contract is made between you and the dealer, is if you were to choose additional extra’s, such as factory fitted options, which do “not” form part of your agreement with Motability Operations and are treated seperately.
If you are asked to pay a deposit upfront, other than for optional extras save yourself the hassle and place an order with a different dealer/group.
For those who think I and others are wron’t, I recommend you get a free 3o minute consultation with a solicitor!