VW refusing to cancel delayed order

[Maverick]

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.

Thanks anyway, I found that Highway Auto have been good to deal with and I even have my vin number. My car is currently on the Undine arriving into Fremantle on the 27th and Brisbane on the 6th of May.

[ozgriff]

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.

I agree the ACCC and fair trading are fairly useless in helping a consumer. Everytime I have asked them for their opinion on a certain circumstance they only quote the act, which doesn't help because A) I can read and have read it already B) That's why I'm asking the question for some more experienced advice.

In the end I've had to resolve all my disputes with retailers myself, mostly with an ok result. For the vast majority of people who can't defend themselves it's a real cop out by these agencies.

It's a shame when it is consumers who have to take up the offense. We could get deals like this if we as consumers ALL refused to buy a car without penalty clauses in the contract.

The fact is, processes are shrouded in professional tactics and legal talk to scare you into signing on the dot without compromising your 'deal' and too many things seem to miraculously change at the last minute, just to scam a few more bucks into their pockets.

[gareth_oau]

There have been a lot of subjective opinions on here so far, all fantastic, but possibly all wrong.

are there any solicitors here who might be willing to lend 15 minutes of their time to Maverick? so he can get a proper legal viewpoint and a worthwhile strategy and way-forward.

[Maverick]

There have been a lot of subjective opinions on here so far, all fantastic, but possibly all wrong.

are there any solicitors here who might be willing to lend 15 minutes of their time to Maverick? so he can get a proper legal viewpoint and a worthwhile strategy and way-forward.

You're thinking of 2muchcoffeeman, mine was resolved when I went to the dealer and took my traded car back after they wanted to screw me for another $4-8000 and had already cost me a few thousand dollars in costs (including insurance/registration).

I was going to buy 2muchcoffeeman's car that he had ordered that was late as my car which was already late was going to be another two months late, however the dealer who I was using jerked me around a heap and then wanted a heap more money on top.

[2muchcoffeeman]

I have been released out of the contract- at my "expense" and well beyond the price of the deposit....

For me, never the same dealer and NEVER again anything involving VW Australia.

The bottom line is that I just couldn't be bothered stuffing around with lawyers....

Should anybody decide to buy the car, I'll be delighted to provide information on what I paid for it and just how much I had to part up with to get these ******* off my back. I hope it can become a discount to a buyer rather than ending up in the dealer principal's fat pocket.

[gareth_oau]

sorry coffeeman, maverick got the names screwed up.

I'm sorry to hear that it cost you lots and that some dealers are absolute tossers.

I think you should name and shame, and as long as you express that its "your opinion" then you have nothing to fear..

I have bought 3 new cars off one particular salesman in the past. he did the right thing by me the first time, and now his commission pocket has been lined for years to come.

Its a pity there are some a'holes out there that continue to promote and enhance the "car salesman" typecast.

[PassatB6]

I was able to pull out of an ordered Jetta because they couldn't get the car by the specified time which was listed on the contract. They should have listed the date its not open ended. I wouldn't pay them any money as it is unreasonable to have an unlimited wait time. I would sit and demand they give the money back. Let us all know who it is if you haven't already.

[2muchcoffeeman]

I was able to pull out of an ordered Jetta because they couldn't get the car by the specified time which was listed on the contract. They should have listed the date its not open ended. I wouldn't pay them any money as it is unreasonable to have an unlimited wait time. I would sit and demand they give the money back. Let us all know who it is if you haven't already.

The dealer was Burwin VW.

This serves as a message to all. NEVER sign a contract which lists no delivery date or ASAP. A "friendly" salesman's "3-4 months" rapidly becomes tough merde, your problem when they fail to meet that date. IMHO, the VW juggernaut will simply use it as an excuse to do as they like- dealers play of VW and vice versa. I am certain that dealers are locking buyers in to timelines that they know there is no hope of meeting. This might be terrific for sales but does nothing for reputation. As previously stated, I would not have placed an order had the salesperson said 5 months- simple as that...

FWIW, I have reported them to Consumer Affairs...

[PassatB6]

I still think you would win if you took the battle to them. Its just some guy trying to get his bonus for the month for selling the car. I'd let them come and get me and then scream like hell if they did. Bad publicity will lose them a lot more money than they got out of you.

[Maverick]

I still think you would win if you took the battle to them. Its just some guy trying to get his bonus for the month for selling the car. I'd let them come and get me and then scream like hell if they did. Bad publicity will lose them a lot more money than they got out of you.

The problem is the amount of money they have to tie you up in court which could cost you a heap.

I would be betting that this came from the top and it was the dealer principals call.

So far I've had good experiences with two family owned dealers, Highway Auto Volkswagen (Derek) where I purchased the car and Ian Boettcher Volkswagen (Jeremy) with whom I spoke to a number of times when being screwed by Austral VW (which are owned by A.P. Eagers Limited Group).

From the Austral website

"New dealer principal Raymond Thomson says "Every member of our team, myself included, is always just a phone call away. Whether you're already a valued customer, or you're considering Austral Volkswagen for the first time, we're available at any time to help in every way we can. From test drives to after sales service, I guarantee we'll deliver a faultless experience.""

Pheefftt some guarantee, what do I get for their constant breaches of their promise? So far I picked up heaps of stress, thousands of dollars out of pocket, lost 5 days+ sorting this out, numerous unanswered calls, numerous questions about the finance unanswered (there appears to have been some very suspect accounting to get him to sign) and got to pick up my trade with the stench of cigarette smoke (which fortunately for Austral has since disappeared).

[2muchcoffeeman]

The problem is the amount of money they have to tie you up in court which could cost you a heap.

I would be betting that this came from the top and it was the dealer principal's call.

Bullseye Mav....He was just some tool on the other end of the sales manager's mobile who refused to meet to discuss the delays. Great excuse/ploy to play the good cop bad cop game. The sales manager did seem pretty nice though- maybe it was all a ploy to grab the maximum $$$$ they could possibly get.

Nevertheless, they can jam the cash and the car. I'd be wrapped now if it doesn't sell for 12 months and they have to give it away for $30k. They deserve to drop a bundle on it...

[acdcfan]

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

Let us know the date.........