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Old 21-10-2010, 10:04 PM   #16
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Will they refund you though? Just because they can cancel the build doesn't mean they can't keep your deposit.
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Old 21-10-2010, 10:08 PM   #17
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Sorry to hear this fella....But you are doing the right thing.

I am sure someone will take you up on your offer very quickly considering the build time for a new one is around 16 - 20 weeks. As well as the great deal you have been offered on it. You will get one when the time is right I am sure and just a matter of playing the waiting game.
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Old 21-10-2010, 11:47 PM   #18
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Will they refund you though? Just because they can cancel the build doesn't mean they can't keep your deposit.
Isn't there a clause allowing you to cancel on delivery as long as you haven't driven it more than X miles?

Just checked - under the distance selling regulations, you should be able to cancel the contract and receive a full refund as long as you haven't travelled more than 10 miles, the car is in good condition, and as long as you pay 100+VAT.

This should be on the last page of your vehicle order form. If this holds true (and you are able to retain your deposit), can't you let the dealer know the situation so that they can market it ahead of your collection or move the order to a later date (facelift)?

Last edited by talleres; 21-10-2010 at 11:54 PM.
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Old 21-10-2010, 11:57 PM   #19
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Originally Posted by talleres View Post
Isn't there a clause allowing you to cancel on delivery as long as you haven't driven it more than X miles?

Just checked - under the distance selling regulations, you should be able to cancel the contract and receive a full refund as long as you haven't travelled more than 10 miles, the car is in good condition, and as long as you pay 100+VAT.

This should be on the last page of your vehicle order form. If this holds true (and you are able to retain your deposit), can't you let the dealer know the situation so that they can market it ahead of your collection or move the order to a later date (facelift)?
Sorry, but the above is rubbish. It could only apply if the buyer had never visited the dealership (that's the "distance" bit - the sale was done at a distance).

It also doesn't apply in the case of items that are customised, so add an option to the car and it can't be used.
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Old 22-10-2010, 12:03 AM   #20
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Sorry, but the above is rubbish. It could only apply if the buyer had never visited the dealership (that's the "distance" bit - the sale was done at a distance).

It also doesn't apply in the case of items that are customised, so add an option to the car and it can't be used.
Thank you. Educate me though: Why is this still on the paperwork sent out if it is in fact rubbish?
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Old 22-10-2010, 12:04 AM   #21
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I have not told the dealer yet as I was hoping the situation righted itself which it may still do but its just not fair to let it go on any longer so I have set myself a time limit of the end of this month to inform them.

The car is due to be delivered at the end of November so if anyone is genuinely interested please let me know and I will pass on the dealers details and inform them.
You might not want to sit on this - did you see the thread from someone else who was expecting a C63 at the end of November and it's already arrived at the dealership?

I've read in these forums that some dealers (in the South?) won't even honour the MB finance discount as they say they can sell every C63 they can get at list - so the dealer may not be too worried by your cancellation. Doubt they'll admit that though.
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Old 22-10-2010, 12:05 AM   #22
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You might not want to sit on this - did you see the thread from someone else who was expecting a C63 at the end of November and it's already arrived at the dealership?

I've read in these forums that some dealers (in the South?) won't even honour the MB finance discount as they say they can sell every C63 they can get at list - so the dealer may not be too worried by your cancellation. Doubt they'll admit that though.
This is agree with. I understood that one dealership in Central London was losing sales as they couldn't get any more slots in time for delivery this year.
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Old 22-10-2010, 12:06 AM   #23
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Thank you. Educate me though: Why is this still on the paperwork sent out if it is in fact rubbish?
I've no idea what you're talking about. If you cancel an order under DSR then you don't pay anything, so where does the 100+VAT come from?
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Old 22-10-2010, 12:09 AM   #24
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I've no idea what you're talking about. If you cancel an order under DSR then you don't pay anything, so where does the 100+VAT come from?
It came from the paperwork which I have got in front of me right now. There are five clauses: Cancellation, Return of Vehicle, Mileage and condition, Refund and Complaints.

Return of Vehicle is where the 100+VAT is specified.

However, earlier in the contract, there is a clause where they do get to keep the deposit.

These seem contradictory to me, hence my questions.
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Old 22-10-2010, 12:21 AM   #25
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Sorry to hear that you are going to have to pull out of this car, but on the bright side may be you can get one of the facelift ones when they are released.

Could it worth putting and advert in the Sunday Times or posting on PistonHeads to find a buyer.
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Old 22-10-2010, 12:45 AM   #26
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I have my paperwork filed away as it's a while since I bought the car now, but I don't remember any cancellation clause which favoured the buyer unless due to some delay or change on the sellers part.
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Old 22-10-2010, 10:03 AM   #27
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I'm quite sure you can't just cancel it without bloody good reason - not fit for purpose, etc. Walking away because you 'feel like it' or 'can't afford it' etc - that's not sufficent reason.
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Old 22-10-2010, 10:31 AM   #28
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I'm quite sure you can't just cancel it without bloody good reason - not fit for purpose, etc. Walking away because you 'feel like it' or 'can't afford it' etc - that's not sufficent reason.
If it's on finance (as the OP's car would have been) then presumeably the sale must be conditional on finance acceptance and *I think* that's only finalised when the car is delivered.

Especially at the moment, many people's circumstances must be taking a turn for the worse - if you lost your job, then you couldn't possibly proceed.

I don't think the deposit issue is completely clear. Some say the dealer can keep it, and can seek additional costs if they have to sell the car at a discount. Yet in another forum, a salesman from a large dealer group said their legal advice was they couldn't keep customers' deposits. I think there's also an issue of balance in the contract - as mbenz76 alludes - the contract is tipped heavily in favour of the seller, and that can be considered to be an "unfair" contract.
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Old 22-10-2010, 10:52 AM   #29
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Thanks again for responses and advice. I am not really expecting to get the deposit back and hopefully I will be continuing with taking delivery of the car.
If it is a problem to extracate myself from the deal I will have to take it on the chin and sell it privatley, in fact I may do this regardless.
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Old 22-10-2010, 11:04 AM   #30
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Thanks again for responses and advice. I am not really expecting to get the deposit back and hopefully I will be continuing with taking delivery of the car.
If it is a problem to extracate myself from the deal I will have to take it on the chin and sell it privatley, in fact I may do this regardless.
I would cancel the deal and expect to lose the grand.
If you take the car on and then try and sell it private, you will lose a bit more than the aforementioned 1k....
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