Deposit Woe's and cancellation issues be wary

[Chris Smith]

I originally pre ordered a Cupra Formentor VZ paying a £500 "reservation" fee, up until they announced prices so i changed my order to a VZ2 in white to keep cost under £40k again i had not test drove the car and had not paid any deposit on the car as i had been repaid my "reservation fee" Dealer then had demo i had for morning and just did not got very well with so looked at an Ateca Cupra (i had an ateca 2.0tdi 190 so knew they would be ok) i have had man issues with dealer, no contact, They furloughed the specialist so no direct contact plus they had not or could not confirm build slot, I personally due to the recent situation was then regrettably forced to cancel the Ateca, I had paid a £500 deposit and was told of a provisional delivery date of march, I had to again ask for the documents and had not even received a copy of my order again without asking i still have not had a receipt., when i cancelled order again no contact from them so i contacted them again yesterday and was then told the car was due to be built 15th Feb and would be the last C&S model built ,no mention of deposit , so i emailed them again today only to be told "as i had Cancelled two orders, Cupra are now dealing with my request" and not sure if i will get my deposit back as dealer said they might be penalised so obviously i will then not got either any or all of my deposit back,
I just wanted some help as to what i can do, I do have the Cupra Marketing guys email so could drop them a line but not sure if it is them or the dealer

 

[Syphon]

Hi - doesn't sound like fun for you. Have you checked the small print on cancellations on the paperwork?

 

[martin j.]

I’d call marketing, that would at least take out or confirm their involvement, to take a deposit and an order with no paperwork is an extremely poor procedure, either party could claim a different amount has been applied, how did you pay the deposit? Once you know Cupra’s position I’d want to see the paperwork, if it doesn’t state that deposits may be withheld due to cancellation I’d be discussing this with the dealer principal, and or the bank depending on how you made the payment.

 

[Chris Smith]

To be honest it was an electronic signing and i have no T&C on the PDF they sent me it is just the order form, I did inform them of this today but as usual no one talks just radio silence , it was not something i wanted to do but had to do due to personal and financial situation being dumped on me yesterday (covid related)

 

[Chris Smith]

It was paid debit card over the phone, I never received a printed copy of my transaction again had to ask for order form this is the only thing that shows my deposit, i was sent an electronic form but all that did was say click here to sign it never let me download docs and i could not log in again once i had used the pin again still no response from dealer, i know things are hard especially more now for me but a email would not harm ??

 

[pinky1959]

What dealership did you order through?
CEO of Seat uk e mail if required

[email protected]

 

[Chris Smith]

Thanks Pinky i am going to give dealer till next week before i mention names etc and will email CEO and Cupra marketing if no joy

 

[jcbmally]

It was paid debit card over the phone, I never received a printed copy of my transaction again had to ask for order form this is the only thing that shows my deposit, i was sent an electronic form but all that did was say click here to sign it never let me download docs and i could not log in again once i had used the pin again still no response from dealer, i know things are hard especially more now for me but a email would not harm ??

If you signed an order (electronic or hand sign) the T&C's must be clearly written, explained to you with cooling off periods, and your rights if the dealer cant provide as agreed. They must also give you a copy of the deposit transaction and they are in breach of consumer rights if they do not (online/distance selling). I would write a polite email to the Head of Seat and copy in the dealer in with your issues. Usually a compromise or refund can be agreed.

As per Government legislation regarding online/distance selling:
Before an order is placed

• make it clear to customers they have to pay when they place an order (for example, a ‘pay now’ button)
• display clearly how customers can pay and include delivery options and costs
• list the steps involved in a customer placing an order
• take reasonable steps to let customers correct errors in their order
• let customers know what languages are available
• make sure customers can store and reproduce your terms and conditions, for example these can be downloaded and printed off
• give your email address
• give your VAT number (if your business is registered for VAT)
• give the cost of using phone lines or other communication to complete the contract where it will cost more than the basic rate
• give a description of your goods, services or digital content - include as much information as you can
• give the total price or how this will be calculated
• give the total delivery cost or how this will be calculated
• tell them the minimum length of their contract
• give any conditions for ending rolling contracts or contracts with no clear end date

After an order is placed:

• confirm the contract as soon as possible and no later than when goods are delivered, a service starts or digital content is downloaded (for example, an email must be sent when content is downloaded even if it doesn’t arrive at the same time)
• provide a copy of the contract on paper, by email or another format the customer can save for future reference
• deliver the goods within 30 days, unless you’ve agreed otherwise with the customer

 

[Chris Smith]

If you signed an order (electronic or hand sign) the T&C's must be clearly written, explained to you with cooling off periods, and your rights if the dealer cant provide as agreed. They must also give you a copy of the deposit transaction and they are in breach of consumer rights if they do not (online/distance selling). I would write a polite email to the Head of Seat and copy in the dealer in with your issues. Usually a compromise or refund can be agreed.

As per Government legislation regarding online/distance selling:
Before an order is placed

• make it clear to customers they have to pay when they place an order (for example, a ‘pay now’ button)
• display clearly how customers can pay and include delivery options and costs
• list the steps involved in a customer placing an order
• take reasonable steps to let customers correct errors in their order
• let customers know what languages are available
• make sure customers can store and reproduce your terms and conditions, for example these can be downloaded and printed off
• give your email address
• give your VAT number (if your business is registered for VAT)
• give the cost of using phone lines or other communication to complete the contract where it will cost more than the basic rate
• give a description of your goods, services or digital content - include as much information as you can
• give the total price or how this will be calculated
• give the total delivery cost or how this will be calculated
• tell them the minimum length of their contract
• give any conditions for ending rolling contracts or contracts with no clear end date

After an order is placed:

• confirm the contract as soon as possible and no later than when goods are delivered, a service starts or digital content is downloaded (for example, an email must be sent when content is downloaded even if it doesn’t arrive at the same time)
• provide a copy of the contract on paper, by email or another format the customer can save for future reference
• deliver the goods within 30 days, unless you’ve agreed otherwise with the customer

That is a awesome reply thanks, I have head of Cupra Marketing email but do not have the Head of Cupra UK, i think it is on the forum somewhere i will have a look, again thanks for info

 

[jcbmally]

That is a awesome reply thanks, I have head of Cupra Marketing email but do not have the Head of Cupra UK, i think it is on the forum somewhere i will have a look, again thanks for info

Post #6 above buddy

 

[Chris Smith]

Thanks to the info on this forum Have now got my deposit back, A big shout out to all who helped

 

[jcbmally]

Thanks to the info on this forum Have now got my deposit back, A big shout out to all who helped

Glad you got sorted buddy.

 

[martin j.]

People power wins again.