Deposits.....

[MarkyMark 77]

Simple question really.....

Had my deposit down since March 08 - work isn't as good as it was then & I am having to face up to maybe having to cancel.

Whats the situation regarding my £3,500? Can I get it back?!?

Cheers

[Blow Dog]

Most manufacturers allow deposits back as long as the car hasn't been built yet - pass on this instance.

[Mark B]

I would guess your car is due soon, so you may not get it back. All depends on build date.

[MarkyMark 77]

My delivery date is July........nothing more specific yet!!

[RikGTR]

Speaking to a few people about deposits on other cars, i think that it would be too late now..the dealer could argue they have invested a lot of time and expense in ordering car etc etc...Although i'm sure they wouldn't have a problem selling the car to someone else! I hope you get it back though! Would be a bummer to lose 3.5k

[Aerodramatics]

Originally Posted by RikGTR

Speaking to a few people about deposits on other cars, i think that it would be too late now..the dealer could argue they have invested a lot of time and expense in ordering car etc etc...Although i'm sure they wouldn't have a problem selling the car to someone else! I hope you get it back though! Would be a bummer to lose 3.5k

Think you're giving MarkyMark a bum steer.

If the car is sold on; no loss occurs. You can only retain a deposit or part of a deposit as a genuine loss, not as a punishment. It hss to be specific and demonstrable loss specific to the contract. Not general costs of being a dealer. Given there is very little to specify, the dealer cannot reasonably argue that the specific fit of options makes the car harder to sell either, imho.

For those of us considering cancelling due to change in description of the use of the goods and new warranty exclusions and conditions the variation in contract terms ends the old contract, i.e. Nissan and the HPCs themselves have voided it by offering an alternative set of conditions in fulfilment of the contract., i.e a new contract . We do not have to accept the new conditions.

It's just a question of everyone playing fair and being reasonable. On both sides.

As always, this is my opinion, don't rely on it. Always seek professional legal advice.

[davew]

Originally Posted by Aerodramatics

Think you're giving MarkyMark a bum steer.

If the car is sold on; no loss occurs. You can only retain a deposit or part of a deposit as a genuine loss, not as a punishment. It hss to be specific and demonstrable loss specific to the contract. Not general costs of being a dealer. Given there is very little to specify, the dealer cannot reasonably argue that the specific fit of options makes the car harder to sell either, imho.

For those of us considering cancelling due to change in description of the use of the goods and new warranty exclusions and conditions the variation in contract terms ends the old contract, i.e. Nissan and the HPCs themselves have voided it by offering an alternative set of conditions in fulfilment of the contract., i.e a new contract . We do not have to accept the new conditions.

It's just a question of everyone playing fair and being reasonable. On both sides.

As always, this is my opinion, don't rely on it. Always seek professional legal advice.

This has been covered before, they cannot keep your deposit though they will try too. Stick you heels in, seek legal advise if needed.

[jimmyflem]

I'm in the same situation...car is due in June and work means I can no longetr afford it.

I tried to cancel with Middlehurst and they are being less than helpful

At the moment its on ebay until they can confirm they will refund me my deposit.

I understand that we're not supposed to sell our places but what can I do? I can't afford the car and £3500 is too much to lose.

[Zed Ed]

covered further back in this thread

- do everything in writing
- know your legislation

you should not need any legal assistance, just say the right things

might help to find out on here, who else has cancelled in similar circumstances, and is with Middlehurst

[Bodi]

As well as people not being able to afford it, another question to be looked at for some folks would be what happens if they are refused credit on the car?
Would the HPC return the deposit then in this case as no credit scoring has occurred to my knowledge.

[jimmyflem]

I emailed them confirmation of my wish to cancel, I'll put it in a letter too...unless of course someone wnats to take up my ebay offer.
The only part that annoys me is that there is a waiting list and yet they seem to find it difficult to shift my car on to someone further down the list.
Oh well lottery night tonight...it could be me, then there's no way I'd cancel!

[Yakozan]

I don't know if your laws are the same as here in Sweden. But you're entitled to your deposits back minus any extra cost canceling your order might have caused your HPC. If the car hans't been built yet, you should get it all back.
That's how it's done in Sweden

[charles charlie]

I was under the impression that even if you can get your deposit back, Nissan are likely to charge you for any Race Academy days you went on.....

Anybody had that pulled on them I wonder....??

[richard-r35]

Race Academy! What a joke... Warranty voiding academy...

[TomTom]

I think the last time u can cancel on july cars was the end of march, as they should of gone to build now but some people might say different.
They said to me i would have to send helmet back and there would be a fee i would have to pay due to Nissan charging them. But i decided to keep my car.
But who knows maybe people get told different things every time!
Has any one got a fixed date on their car yet for july?