Thanks for the forum link Matt

Is there anywhere online that I can see the interior of an Evo & also the boot space? Also, any ideas about servicing costs please?

 

If you were only offered (and got) "trade" for that nasty Ford - why didn't you part-ex it with the scoob dealer? Were you trying to close the cost gap?
If you had - you could have kept the Ford whilst waiting for your WR1 ....

Maybe you haven't bought many cars, but even though they are in breach of contract (having given you a delivery date), any judge is going to say that giving you a courtesy car is a "reasonable" (and their compensation only has to be reasonable).
If you think they are going to give you £1000 of extra goodies (like what on a WR1) then you are more of an idiot than you have sounded so far!

LOL @ GangstaSmurf

 

Surely the dealer would only be in breach of contract if either:-

a. The delay was 'unreasonable' or

b. Time was 'of the essence' within the body of the contract, or both parties subsequently agreed to make time of the essence or

c. The delivery date was a material part of the contract (which would be highly unlikely in a new car purchase agreement).

Did your solicitor actually read the contract?

 

Indeed, and we're only talking 14 days delay here....a courtesy car has been offered and for such a short period, it seems a reasonable solution to the problem.

I'm sure this case wouldn't even get near court. Risk of costs to either party would be too prohibitive, as could go either way....

However, sounds like you're about to throw your toys out the pram anyway, and buy an Evo As someone else said, enjoy the wait

 

Nick you have PM

 

Terms and conditions (on rear of order form) should be the same as this

3 a The seller will endeavour to secure delivery of the goods by the estimated delivery date but does not gaurantee the time of delivery and shall not be liable for any damages or claims of any of any kind in respect of delivery.

3 b If the seller shall fail to deliver the goods within 21 days of the estimated date of delivery stated in the contract the purchaser may by notice in writing to the seller require deliveryof the goods within 7 days of receipt of such notice.
If the goods shall not be delivered to the purchaser within the said 7 days the contract may be cancelled.

Clear as glass

 

I'm going to pick up my Legacy from Olympian now, I'll tell them you want to buy an Evo and that I'll give them 25k for the WR1

 

Standard SMMT T&Cs.

 

Sorry to say this, but reckon you'll get no more from a court than your dealer if you follow a legal route. Even if you can prove breach of contract (haven't seen your contract but suspect this will be difficult), I very much doubt you'll get consequential damages as almost all contracts exclude such liability. Also, as they're offering you a temporary car free of charge I don't think you'd get any better offer than this.

What you may have sold the Focus for with 2 more weeks effort is so subjective I suggest your best bet is to take the financial hit and push the dealer for some extras as further goodwill - better head unit or speakers maybe - and enjoy the ride once you take delivery.

 

In this instance, the contract is one for the supply of the car for the agreed consideration. As mentioned above, delivery must be on the date agreed or within a reasonable period thereafter.

So, if delivery does not occur on the date specified within the contract, unless time is of the essence, it does not allow the buyer to repudiate. If a 'reasonable' time elapses and the vehcile is still not delivered, then the buyer will be able to treat the contract as having been breached by the seller.

Ta, HB.

 

Thanks HB...I knew someone would know more than me

Midlife.....

 

 

All this talk of a contract.

I got an email from my dealer on 12 Jan, we're getting 2 WR1's are you interested? Wandered in, said yep I'll have one, photocopied my licence, walked out. V5 came yesterday, car comes Monday!!

I have no contract, no moneys changed hands, in fact no paperwork at all until this week. Think I've got a good dealer!!

And I'll not be suing anyone, despite driving round for 3 months in a J reg Cavalier....... Chill out, this litiginous culture benefits nobody in the long term except the lawyers.

 

Well said!