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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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On 27/11/2014 my wife & I signed up for a new Ford Fiesta at

Resolved Question:

On 27/11/2014 my wife & I signed up for a new Ford Fiesta at English Ford, Poole, Dorset. We paid £500 deposit and sign finance paperwork. We were told the car would be registered on the 28/11/2014 and we would more than likely receive the car mid-December. We agreed that the first payment would be taken on the 30/12/2014.
We were informed mid-December that the car was delayed, my wife told the garage she wasn't to happy, but that she would wait, the garage said the finance payment would be deferred until we had the car. Today 2/01/2015 we have been told the car still isn't ready yet, infact they have just said it's stuck in the port. Ford credit took the 1st instalment on 30/12/2014 and I'm now starting to feel slightly mislead to say the least.
Legally how can Ford register a car that isn't in the UK and how can they take payments for a car we haven't received. Equally what are our rights as when we receive this car it will in actual fact be almost two months old if it isn't delayed further.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if there is a delivery date on the order and when you are expected to get the vehcile?

we were told originally mid December, on the paperwork the estimated delivery date says 30/11/2014


the hire purchase agreement states the registration date as 28/11/2014, but it now appears the car wasn't even in the UK when it was registered.

Alex Watts : Have you spoken with the fianance company yet?

No only the garage, however the garage told us the payment wouldn't be taken until the middle of January. To be fair to the finance company, I don't believe they realise we haven't received the car, albeit they are Ford Credit. I'm starting to get the feeling that the garage has fudged the dates so they can include the sale in their end of year figures, but have now been caught out by the vehicle not arriving. It is for this reason I would like to know where we stand legally.

Alex Watts : Ok. You need to speak to the finance company, they should not even be taking payment until you have had the car.
Alex Watts : The garage is in breach of contract. You need to write and ask that delivery is within the next 7 days or say you will cancel the contract.
Alex Watts : Make sure you send this recorded delivery and keep a copy. Send a copy of the letter to the finance company as well.
Alex Watts : Then If they don't deliver within 7 days, cancel and claim a full refund.
Alex Watts : The finance company are jointly liable under section 75 of the consumer credit act for the actions of the dealer.
Alex Watts : Can I clarify anything for you about this today please?

No Alex, you have given me the answer I was expecting, thank you for clarifying the situation. Hopefully we can now get this sorted thank you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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