VW refusing to cancel delayed order

[2muchcoffeeman]

Good news Mav,

It's a shame that a shonky dealer ruined a deal for you- but seems like you exited the deal at the right end of the transaction.

I say name and shame now....Their behaviour was disgraceful.

Chris

[Thomas]

I agree name and shame......or these slackos are going to do it to someone else.

Congrats on the GTI......I got the one with the boot

[2muchcoffeeman]

Meanwhile, my dealer is still insisting that I take the car that I ordered in January, promised late april and now to arrive at the end of June.

Ironically, the QLD dealer even signed Mav up for the car and took extra $$$ for the sunroof- before shafting him yesterday.

I have told him he can keep the $1k deposit as I just want to move on...But he reckons that the car won't sell as it has options fitted- meanwhile GT TDI DSG stock doesn't exist

It's not my fault that they are 2 months late....

[Maverick]

Meanwhile, my dealer is still insisting that I take the car that I ordered in January, promised late april and now to arrive at the end of June.

Ironically, the QLD dealer even signed Mav up for the car and took extra $$$ for the sunroof- before shafting him yesterday.

I have told him he can keep the $1k deposit as I just want to move on...But he reckons that the car won't sell as it has options fitted- meanwhile GT TDI DSG stock doesn't exist

It's not my fault that they are 2 months late....

If they take your name of the car then it shows as available to all dealers and I can't see how someone wouldn't snap it up!

By keeping your name on the car means it doesn't show up in the system (I actually got to see the system last night - won't say anymore about my other experience)

Even if the paper contract doesn't have a delivery date you had a verbal agreement for a April delivery and according to this document http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Credit_Research/$file/contractcar.pdf you can cancel the agreement where the delivery is delayed by more then 14 days.

[2muchcoffeeman]

If they take your name of the car then it shows as available to all dealers and I can't see how someone wouldn't snap it up!

By keeping your name on the car means it doesn't show up in the system (I actually got to see the system last night - won't say anymore about my other experience)

Even if the paper contract doesn't have a delivery date you had a verbal agreement for a April delivery and according to this document http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Credit_Research/$file/contractcar.pdf you can cancel the agreement where the delivery is delayed by more then 14 days.

Unfortunately, they are refusing a cancellation (or even to take my name off the car) as they have a statement in their contract that the dealer refuses to be held responsible for delays- regardless of what the motor car traders act states.

The sales manager who was the dealer representative who gave me the verbal 3 months (i.e end of April) has today threatened legal action. Funny thing is if they'd just free the car up, I know it would sell.

Clearly , this guy has dug in the heels and is more interested in being a **** than discussing any way whatsoever of coming to an amicable solution.

Look for me on a soon to be aired edition of one of the "Current Affairs" shows soon guys

[gareth_oau]

Unfortunately, they are refussing a cancellation (or even to take my name off the car) as they have a statement in their contract that the dealer refuses to be held responsible for delays- regardless of what the motor car traders act states.

Interesting, the act is law, I cant see how a dealer can contradict the law?

And from a different perspective, the dealer can be held responsible if he misled you on delivery date at the time of the sale.

if you can get another dealer (or VW Aust) to advise you what the anticipated delivery was at the time of your contract, and its longer that your delaer told you at the time of the sale, then you can cancel the contract on that basis too.

i would also suggest that the dealer's threat of legal action is just a scare, he's not gunna sue over this. if he does, you can subpeona VW to confirm delivery dates

[Splashalot]

Unfortunately, they are refussing a cancellation (or even to take my name off the car) as they have a statement in their contract that the dealer refuses to be held responsible for delays- regardless of what the motor car traders act states.

Unless the law has changed since I studied it, a contract clause cannot cancel or over-ride your consumer rights under the relevant Act. I think the dealer is bullsh*tting you. Tell them to write a letter to that effect to your lawyer and watch them backdown quick-smart.

SS

[Kaj]

Heh, statutory rights override contractual agreements. The contract you signed would of stated by which state's laws it will be enforced.

Go get an opinion from that state's consumer affairs body, my gut says you will be able to tell them to take a hike and get your deposit back.

I am not a lawyer, don't sue me.

[Maverick]

Unfortunately, they are refusing a cancellation (or even to take my name off the car) as they have a statement in their contract that the dealer refuses to be held responsible for delays- regardless of what the motor car traders act states.

The sales manager who was the dealer representative who gave me the verbal 3 months (i.e end of April) has today threatened legal action. Funny thing is if they'd just free the car up, I know it would sell.

Clearly , this guy has dug in the heels and is more interested in being a **** than discussing any way whatsoever of coming to an amicable solution.

Look for me on a soon to be aired edition of one of the "Current Affairs" shows soon guys

I doubt that they have a leg to stand on legally, common sense would prevail even with the most stupid of judges.

Unless you're on welfare, have six kids to seven different mothers and live in a housing department home with 3 defactos I doubt that the current affairs shows will help you

"Battling father of seven living on welfare in public housing is being sued by evil car dealership tonight on today tonight".

Sorry it didn't work out with me taking it as it would have resolved all of this. I think VW need to really sort out their ETA's because there are some discrepancies between what the customers are promised and what eventuates. Some dealers seem to have a lot more problems then others.

Also VW need to be more flexible about allowing dealers to cancel cars before they have gone into production. It's not our fault they can't schedule and plan production of cars, they are expected to provide a reasonably accurate ETA and this should be before people sign the contract. I would like to see this actually made law in all states and this might make the dealers and VW (along with others) actually cut the crap and not quote 2 1/2 to 3 months when it will really be 5-6 months if you're lucky.

It's not our decision to put our major manufacturing in places like South Africa, shouldn't the 5 door GTI be cheaper then the one made in Germany given they put production in SA because of cheaper costs (land, wages, construction, taxes etc)???? Seems that the manufacturers want their cake and eat it as well.

[Maverick]

I agree name and shame......or these slackos are going to do it to someone else.

Congrats on the GTI......I got the one with the boot

The dealer that I first dealt with was Austral who seem well known in the forums.

I would have taken a Golf wagon if they had them as they look awesome but the next option was the passat wagon but it didn't have the high output TDI or the flappy paddles and of course the cost was getting up there.

Maybe next time round and providing I order the car 12 months in advance to make sure it arrives on time I may look at the passat (knowing my luck it would roll up 2 weeks later).

[2muchcoffeeman]

The dealer that I first dealt with was Austral who seem well known in the forums.

I would have taken a Golf wagon if they had them as they look awesome but the next option was the passat wagon but it didn't have the high output TDI or the flappy paddles and of course the cost was getting up there.

Maybe next time round and providing I order the car 12 months in advance to make sure it arrives on time I may look at the passat (knowing my luck it would roll up 2 weeks later).

What a shame that some dealers just can't provide the facts when you place an order. Had I been aware that 3 months effectively meant 5 months, there is NO WAY I would have proceeded- but then that would be in the interest of a sale, would it?

Instead we receive bulldust (that they didn't know there would be a 2 month delay) and then it's the buyers problem when they cannot meet their commitments- because ultimately, they reckon all responsibility remains with the purchaser. All they have to do is provide a car....someday...

[Manaz]

Have you spoken directly to VW Australia? It seems the dealer's being a bit unreasonable, and since the dealer's behaviour can directly affect people's opinion of the brand, VW Australia themselves may be willing to put a bit of pressure on the dealer from their site to act more reasonably.

[ozgriff]

Jeez Mav, if I knew you were in Brisbane I could have given you the person i dealt with up the coast. He cut the crap (most of it) where others in and around business played it all up.

[moguzhan]

The contract is enforceable unless there is "special conditions" or a cooling off period.

The main special conditions that should always put down is, "subject to finance from a specified lender and not in general", "car to be delivered by a certain date , if its in there, you can cancel, if it isnt, you HAVE to buy the car".
and the price should not increase from the agreed sale price.

you can forego your deposit depending on what it is, or maybe someone else can take your order if they want to buy. otherwise try consumer affairs.

but if the car dealer wants to be pricks, they can enforce the contract and you're stuck.

[Maverick]

What I really love is the fact that dealers will cancel a contract if they decide they are losing money (as they claim in my case) but if you want to cancel the contract well it's a different story. To offer $18k for the trade when I was offered 23k to sign the deal which was then 22k on the contract. When I asked about this I was told that took a 1k off because they were holding the trade in at that price until April (if the new car took this long).

I asked specifically if they would still give that trade in and the salesman said "they would hold the dealer who offered that price to it". There are no conditions on the paperwork about the trade being re-evaluated either. They also accepted my trade as a trade in and didn't do anything for a week until I rang up, if they had told me the day I took the trade in or the following day I wouldn't have had to fork out for both Rego and Insurance (~$750) to pick my car up and take it to another dealer.

Consumers are not really in a position to sue, the dealerships are.

The ACCC, fair trading etc all useless and won't assist consumers.

It would be nice to see a revamp of the laws to protect the consumers as the current ones do nothing.

Dealers that give misleading ETA's (and there is a clear pattern of this from both VW and/or it's dealers) should be heavily penalised. A few methods that would work would be a % off for each month it's delayed, supply of a loan vehicle or holding the price of a trade vehicle where appropriate and penalties for dealers canceling contracts.