Dealership mistakenly cancelled order, can I do anything?

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  • #199549
    DaveFromDover

      I received a call the other day saying my dealership had mistakenly cancelled my car order…is there anything I can do?

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    • #199556
      BigDave
      Participant

        I received a call the other day saying my dealership had mistakenly cancelled my car order…is there anything I can do?

        As in?

        Have they re-ordered your chosen vehicle with them – assuming it is still on the scheme (or even still in production)?

        If so, and there has been a change of AP since initial order  – has this been  ‘discussed’?

        Have they offered anything for their customer service faux pas?

        You are of course free to go wherever to re-order a new vehicle but could end up at the back of the queue.

        Have you spoken with Motability?

        A litle more flesh on the bones maybe be helpful.

        #199558
        ChrisK
        Participant

          I could be wrong but I think your more than likely the victim of what they call in the house buying market “gazumping” and the dealer had a private buyer willing to put money up front for your car that far exceeds anything the dealer would make on a Motability sell.

          As a Motability customer there’s nothing you can do about it.

          As for ending up at the back of the queue again I think there’s no doubts your already at the back of the queue again.

          Where folk here talk about walking away from an order anytime up until you input your PIN when collecting your car it works both ways but I would like to see a tightening of the rules that are a little bit more binding on both sides when ordering a new car though I’m sure a lot on this forum would disagree with that.

          #199560
          solent60
          Participant

            I received a call the other day saying my dealership had mistakenly cancelled my car order…is there anything I can do?

            Welcome Dave to the lottery that is known as ‘being a Motability customer’. In this modern day and age – how does a dealer ‘mistakenly’ cancel a car order exactly? As someone else has pointed out, you have been deemed as less profitable to the dealer than your private-buying punter.

            Alas, back of the queue for you Dave. Good luck.

            #199564
            kezo
            Participant

              I could be wrong but I think your more than likely the victim of what they call in the house buying market “gazumping” and the dealer had a private buyer willing to put money up front for your car that far exceeds anything the dealer would make on a Motability sell.

              Agree ChrisK

              I think more folk especially now are walking away  right up to putting the PIN in. The reason I guess is because of dealer cock up’s, like this one. They have either found one in stock or a dealership is allowing them to dealer pre ordered vehicle with a qucker delivey time, or the vehicle isn’t the spec they ordered/have bits missing with no reduction in AP if they take it. Go back a 2-3yrs and it never happened to the extent as it is now.

              #199559
              DaveFromDover

                As in? – Ask them to prove that it was a mistake. (I don’t believe it was).

                Have they re-ordered your chosen vehicle with them – assuming it is still on the scheme (or even still in production)? – No but the guy is apparently trying to re-find me another new car.

                If so, and there has been a change of AP since initial order  – has this been  ‘discussed’? – What is AP?

                Have they offered anything for their customer service faux pas? – Not yet

                You are of course free to go wherever to re-order a new vehicle but could end up at the back of the queue. – Aren’t I at the back of the queue anyway, now?

                Have you spoken with Motability? – Yes, they’re just saying raise a complaint with the dealer.

                #199593
                BigDave
                Participant

                  As in? – Ask them to prove that it was a mistake. (I don’t believe it was). Have they re-ordered your chosen vehicle with them – assuming it is still on the scheme (or even still in production)? – No but the guy is apparently trying to re-find me another new car. If so, and there has been a change of AP since initial order – has this been ‘discussed’? – What is AP? Have they offered anything for their customer service faux pas? – Not yet You are of course free to go wherever to re-order a new vehicle but could end up at the back of the queue. – Aren’t I at the back of the queue anyway, now? Have you spoken with Motability? – Yes, they’re just saying raise a complaint with the dealer.

                  Okay,

                  So you believe they have, as others have suggested, sold your vehicle retail? I would start with the dealership Principal and make a formal complaint in writing – make sure you entitle it ‘Formal Complaint’ and also send a carbon copy to the dealership group CEO, and if necessary the franchise manufacturer.

                  Concurrently, try the tack of submitting to the dealership (in writing, recorded delivery) a Subject Access Request to obtain all the details the dealership hold about you and your order, including time/date stamped computer records relating to you, any written notes and verbal transcripts of all phone calls if held – yes, you can SAR private companies and they hate it!

                  See here for details:

                  https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/

                  At least there should be some form of audit trail of your order.

                  Also enquire what steps the dealership has taken to date to ‘re-find you another car’.

                  AP is Advance Payment.

                  Keep your complaint factual, concise and clear but try to include the dates/times you received info from the dealership and what was said and by whom.

                  Also, ask Motability to open a formal case if the dealership do not address your complaint in a reasonable timescale.

                  By showing you mean business, it may nudge the dealership into action to get you off their backs.

                  In any case, I would also look elsewhere for your next vehicle. If you use such as Facebook, try joining the Motability related groups, such as the ‘Motability Advice and Special Offers’ group and other groups where Motability sales staff at dealerships often post cancellation vehicles available to Motability customers  with no or very short lead times.

                  #199737
                  DaveFromDover

                    Okay,

                    So you believe they have, as others have suggested, sold your vehicle retail? I would start with the dealership Principal and make a formal complaint in writing – make sure you entitle it ‘Formal Complaint’ and also send a carbon copy to the dealership group CEO, and if necessary the franchise manufacturer.

                    Concurrently, try the tack of submitting to the dealership (in writing, recorded delivery) a Subject Access Request to obtain all the details the dealership hold about you and your order, including time/date stamped computer records relating to you, any written notes and verbal transcripts of all phone calls if held – yes, you can SAR private companies and they hate it!

                    See here for details:

                    https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/

                    At least there should be some form of audit trail of your order.

                    Also enquire what steps the dealership has taken to date to ‘re-find you another car’.

                    AP is Advance Payment.

                    Keep your complaint factual, concise and clear but try to include the dates/times you received info from the dealership and what was said and by whom.

                    Also, ask Motability to open a formal case if the dealership do not address your complaint in a reasonable timescale.

                    By showing you mean business, it may nudge the dealership into action to get you off their backs.

                    In any case, I would also look elsewhere for your next vehicle. If you use such as Facebook, try joining the Motability related groups, such as the ‘Motability Advice and Special Offers’ group and other groups where Motability sales staff at dealerships often post cancellation vehicles available to Motability customers  with no or very short lead times.

                    They have offered me an alternative but it is a different transmission and engine size/type than the one I’d requested. It’s better than a kick in the teeth I guess, but should I accept it AND still do all of the above (in the hope I will finally get my requested motor, or should I just accept it and say nothing?

                    Thanks for your response @BigDave.

                    #199739
                    kezo
                    Participant

                      They have offered me an alternative but it is a different transmission and engine size/type than the one I’d requested. It’s better than a kick in the teeth I guess, but should I accept it AND still do all of the above (in the hope I will finally get my requested motor, or should I just accept it and say nothing?

                      NO not if its not the one you want and plan on eventually getting the vehicle you requested as it will not happen. So hold tight. The only way to this is speak to mobility and ask if you took the car the dealer has offered, would you be able to replace an order for the car you wanted. Motability will probably say hold on to your current vehicle untill the vehicle you order comes back in stock. So essentially you will stuck with something you don’t want.

                      If you take the car the dealership has offered you, you are in reality ceasing any blame upon the dealer, as the dealer will argue the case is closed because you took a car they offered, regardless whether it was the one you wanted or not.

                      You are in a mess through no fault of your own. My advice is not to take the car offered, because it is not really what you want and follow @BigDave advice.  I would also carbon copying motability in any correspondence to the dealer.

                      You are also free to cancel and order with another dealership.

                      #199741
                      DaveFromDover

                        Thanks @Kezo. Just for the record, I don’t currently have a Motability car. This is my first.

                        #199746
                        kezo
                        Participant

                          Thanks @Kezo. Just for the record, I don’t currently have a Motability car. This is my first.

                          I take it you have your own car at the moment? If it were me in your situation, I would firstly be following BigDave’s advice regardless. I would also ring around different dealerships to see if they have your chosen model in stock they are willing to let you have (the trick is to firstly ask if they have any in stock as you would as a normal retail customer. If they have then ask if they will be willing to let you have it on motability) or ask if they have a dealership order placed they will let you put your name to. Its also worth travelling x distance if this is the case. Your not tied to this dealership!

                          Are you dead set on having this particular car or are you willing to broaden your search?

                          Finally take a look in the deals and offers thread on here.

                          For your own sanity don’t take a car you won’t be 100% happy with, just because the dealer offered one. Motability won’t look kindly if you ask to change it prior to 3yrs especially with it being your first car on the scheme. If you were already in a scheme car I think Motability would have backed you far more than they have done, which is sad really.

                          #199750
                          DaveFromDover

                            take it you have your own car at the moment? If it were me in your situation, I would firstly be following BigDave’s advice regardless. I would also ring around different dealerships to see if they have your chosen model in stock they are willing to let you have (the trick is to firstly ask if they have any in stock as you would as a normal retail customer. If they have then ask if they will be willing to let you have it on motability) or ask if they have a dealership order placed they will let you put your name to. Its also worth travelling x distance if this is the case. Your not tied to this dealership!

                            Are you dead set on having this particular car or are you willing to broaden your search?

                            Finally take a look in the deals and offers thread on here.

                            For your own sanity don’t take a car you won’t be 100% happy with, just because the dealer offered one. Motability won’t look kindly if you ask to change it prior to 3yrs especially with it being your first car on the scheme. If you were already in a scheme car I think Motability would have backed you far more than they have done, which is sad really.

                             

                            The car I originally chose is NO LONGER on the scheme, so I know that this approach is less likely to be successful. Nevertheless, I will still try it. That said, I was told I had been re-ordered, so it will be interesting to see what surfaces from the SAR in that respect.

                             

                            #199762
                            kezo
                            Participant

                              Hope all goes well for you.

                              #201280
                              DaveFromDover

                                Update on this:

                                For practical reasons, I took the replacement offered. I didn’t make a complaint either. However, it meant that my Good Condition Payment (which my initial order made me eligible for) became ineligible because the replacement car went through as a new order (after October 1st). Motability say that they can’t honour the GCP but they’re writing a complaint to the dealer and requesting that they cover the GCP and have advised me to do the same.

                                Any thoughts on this?

                                #201286
                                myself33
                                Participant

                                  “Motability say that they can’t honour the GCP”

                                  I don’t believe what you have been told, they are playing hard ball , they are the one that set their own rules of course they can if they want to, they could call it a good will gesture.

                                   

                                  #201734
                                  DaveFromDover

                                    Hi myself33, that’s what I thought too.

                                    They are urging me to make a formal complaint to the dealership to get them to pay for it.

                                    #201735
                                    DaveFromDover

                                      And they are also making one themselves, I might add.

                                      #201745
                                      Anonymous

                                        If I said what i truely feel about mbo i would get banned from this forum, what I will say is it astonishes me how mbo treat they’re disabled customers, some of whom may have other conditions other than mobility and the stress it may add to that condition.

                                        Seems they don’t care much and as I am/was one of those customers, I fully understand the issues some don’t seem to and the challenges many of us may face, that some may not.

                                        As they/mbo have you locked in for another 3 years now and the 10% rise in the allowance also and any other rises moving forwards, they don’t care. All the while mbo making huge profits and giving it away to schemes and projects. Bet if you had not accepted the replacement offered they’d be offering you the world, to keep you captive to the scheme.

                                        How dare they/mbo suggest you should contact the dealer or manufacturer to make a complaint, they should be doing so on your behalf.

                                        It seems when it suits them one rule applies, but when it doesn’t another applies. They are the ones that bought the car and authorised the contract. The dealer is mbo’s agent and gets a fee for that.

                                        Mbo also have another contract with the manufacturer to provide a car at a set price to mbo, who then lease the car to the customer. How is the dealer in any way liable for any gcb or payment mbo may offer even if they did mess up the contract, it is not with you for the car it’s with mbo.

                                        No earnest should be placed on you to recover any losses it’s on mbo’s. Personally I would call their/mbo’s bluff and say that if you do not get the gcb or whatever they calling it.

                                        I am handing the car back as soon as i have made alternative arrangements and that your not paying no fee to do so and are going to take legal against mbo to recover losses and interest.

                                        It is after all a matter of principle and a contractual issue. In the time from when you ordered the car they’ve changed the terms of contract. That 1st car was ordered by the dealer and if so mbo will have a record of that, if you did not cancel the order (which is also your right to do if you want to) but that would mean you was no longer bound to terms of the orginal contract to lease the car.

                                        Mbo’s agent cancelled the order, so mbo is liable. Personally I’d maybe write to mbo’s legal dept as it seems to me this is a contractual issue and the person on the phone is ill-informed or trying to just palm you off.

                                        Even if i am wrong is it worth them/mbo fighting a case for a claim of say £350 gcb or gcp, imo no and the bad press it will also bring.

                                         

                                        #201949
                                        DaveFromDover

                                          Thanks AtoB for your impassioned response.

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