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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to cancel the car that I order, on the sales contract,

Resolved Question:

I want to cancel the car that I order, on the sales contract, it states that I may terminate the agreement for any reason at any time before the estimated delivery date is notified to me by giving them notice in writing.
I think I still have not get a estimated delivery date. But they said they told me on email as below:
"Many thanks for your email regarding changes to your specification. Unfortunately these changes may be a little late as the ‘Freeze’ point has now passed. This was 10/02/2016. I will contact Porsche in the morning and ask if we can possibly make a last minute change but this may in turn delay the delivery.
Your car is due in the centre at the end of March so I am sure you understand why we can’t make changes this late in the build process. "
So, is the end of March is equal to estimated delivery date by law?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help,you.Just to be clear it states in the contract you can cancel before delivery ?
Customer: replied 1 year ago.
below is what exactly states on contract: you may terminate the agreement for any reason at any time before the estimated delivery date is notified to you by giving us notice in writing
Expert:  Ash replied 1 year ago.
ok then they can't do this. The contract is the contract and both parties are bound by the terms of the contract.If the contract says you can cancel at any time beforehand then you can. They can't just change it.If they did not seek your permission or authorisation to change the contract then they are bund by the terms.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
but the contract state that the condition to terminate the contract is before the estimated delivery date is notified to me by writing, and I dont know the email that the sales man emailed to me can be treated as the estimated delivery date is notified to me? On the email is said the delivery is end of March, and I dont think this is the estimated delivery date, what you think?
Customer: replied 1 year ago.
I will attach the sales term to you have a look on the term of 11
Expert:  Ash replied 1 year ago.
ok
Customer: replied 1 year ago.
please see atttached sales term and condition, due to upload file size 5mb, so I divided them into two part
Expert:  Ash replied 1 year ago.
I agree. Otherwise they could say estimated delivery date is sometime in 2016. So in the absence of an actual date I think you can cancel
Expert:  Ash replied 1 year ago.
Can I clairfy anything for you?Alex
Customer: replied 1 year ago.
How can I cancel this order without loosing the deposit of 3000 pound? Because the manager said the end of March is the estimated delivery date that they notify me in writting.
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No, thanks.
Expert:  Ash replied 1 year ago.
Good luck.