Unfulfilled XC90 Order - UK Legal position

[Dean Miley]

Hi

Can anyone give any advice on this situation or shed some light into
what might be going on here.

9 months ago, we ordered an XC90 for delivery this month.

4 weeks ago, the dealer rang to confirm the spec.

On Saturday we get a call from the dealer saying our order was here
but there was a little problem with it. Over the phone we were told
the factory had made a mistake, and it had some extra items on it that
we hadn't ordered.

Went to see the vehicle an hour later, turns out, it had completely
the wrong interior too. Not only that but the vehicle he showed us
already had plates on it, which I found very peculiar given that it
was supposed to have only just been delivered. The dealer suggested
that If I didn't like the vehicle I could take my deposit back, or
wait another 9 months for the correct vehicle!!!

I went looking at the other vehicles in the compound to see if any of
them matched our spec. There were six other new vehicles in the
compound one of which exactly matched our ordered spec. When I asked
the dealer about it, he admitted that it was unlikely that another
vehicle in the same delivery would have the exact same spec.

Has anyone any experience of this with Volvo dealers in the UK? I have
already started the ball rolling with Volvo head office, but failing
that, is there any recourse to law I can fall back on to make them
meet their obligations. Any ideas on what my next step should be would
be greatly appreciated.

Dean Miley

 

[John Ellison]

It strikes me as very odd that there is a vehicle in the compound that
exactly matches the one that you ordered, yet the dealer is trying to palm
off what is obviously a pre-registered vehicle. Why not insist (politely, of
course) that he registers the one in the compound in your name? Surely
that's the right thing to do?

If the dealer cannot provide you with the goods ordered in the time frame
agreed, and you have written confirmation of your order and the agreed
delivery schedule, provided that there are no get-out clauses in the
contract for the dealer, you are entitled to a full refund.

If you struggle, you could always invoke the magic words "Trading Standards
Office" and see what the reaction is...

J

 

[Aleric]

Hi

Can anyone give any advice on this situation or shed some light into
what might be going on here.

9 months ago, we ordered an XC90 for delivery this month.

4 weeks ago, the dealer rang to confirm the spec.

On Saturday we get a call from the dealer saying our order was here
but there was a little problem with it. Over the phone we were told
the factory had made a mistake, and it had some extra items on it that
we hadn't ordered.

Went to see the vehicle an hour later, turns out, it had completely
the wrong interior too. Not only that but the vehicle he showed us
already had plates on it, which I found very peculiar given that it
was supposed to have only just been delivered. The dealer suggested
that If I didn't like the vehicle I could take my deposit back, or
wait another 9 months for the correct vehicle!!!

I went looking at the other vehicles in the compound to see if any of
them matched our spec. There were six other new vehicles in the
compound one of which exactly matched our ordered spec. When I asked
the dealer about it, he admitted that it was unlikely that another
vehicle in the same delivery would have the exact same spec.

Has anyone any experience of this with Volvo dealers in the UK? I have
already started the ball rolling with Volvo head office, but failing
that, is there any recourse to law I can fall back on to make them
meet their obligations. Any ideas on what my next step should be would
be greatly appreciated.

Dean Miley

I've heard of this same sort of thing happening in the US. It happened
to a relative.

It appears that *your* vehicle has been reappropriated, probably by the
dealer for reasons unknown. Unless it's spoken for, I would request that
they give that vehicle you saw that is an exact match. The other one that
the factory "made a mistake" on is an attempt to unload something else.
You could follow up your order's paperwork with the factory, try to get a
VIN and track what happened that way.

Good Luck,

Bob