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Supacat

Member Since: 16 Oct 2012
Location: West Yorkshire
Posts: 11018

2013 Defender 110 Puma 2.2 XS DCPU Keswick Green

Vintagepaul wrote:
That seems totally wrong to me.

If you have put a deposit down surely they are obliged to supply the vehicle as you have both entered into a contract.

Might be worth a quick chat with your solicitor and then a snotty letter from him demanding that they fulfill their side of the contract.

I bet they will manage to find you a heritage then.....

You need to read the contract you entered into first before wasting money on legal advice.

Here's the relevant extract from my contract:

"Force Majeure - ...The seller shall not be liable to the Purchaser if unable to carry out any provision of the Contract for any reason beyond its control including...owing to the inability to procure parts or any vehicle required for the performance of the Contract."

Each dealer may or may not use a different form of words.

26th Aug 2015 8:31am

Vintagepaul

Member Since: 20 Jan 2015
Location: Rye, East Sussex
Posts: 482

2015 Defender 90 Puma 2.2 HT Santorini Black

Supacat,

You are probably right, the dealers are more than likely to have covered themselves on the order form so everything works in their favour rather than the customer. ( If the buyer pulls out for any reason I bet it would be a struggle trying to get the deposit back).

I still think a solicitors letter can have an impact though as in situations like this it's all about applying pressure to get what you want. The dealer may take the view that rather than get involved in all the hassle of potential legal issues it is easier for them to 'find' the customer a car.

Problem is though as the OP said it does rather take the shine off what should be an enjoyable experience...

26th Aug 2015 9:21am

Venomator

Member Since: 25 Aug 2014
Location: Peterborough
Posts: 2087

^ ^ ^

@Supacat - That is only a small extract from a typically challengeable Force Majeure clause...

It is highly unlikely it would be acceptable for Land Rover being unable to deliver because of their failure to deliver for reasons beyond their control for an FM event...

Rog...

The GREEN One...

MY2016 Urban Truck Build Thread - http://www.defender2.net/forum/topic40548....al[/color]

26th Aug 2015 9:23am

m33ufo

Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150

No reply from the LR Customer Services sub-forum yet.

Had a bit of an update from the dealer. LR removed a Heritage from their allocation and substituted the Adventure which I was offered.

We did discuss an incentive to purchase the Adventure but in all honesty it was insulting. So insulting that it probably annoyed me more than having my order revoked in the first place!

26th Aug 2015 10:36am

steve E

Member Since: 06 Mar 2011
Location: Tenby
Posts: 2073

Did you speak to James the sales manager mate?

26th Aug 2015 10:49am

m33ufo

Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150

Not directly, I dealt with Maxine, but the offer came from James.

26th Aug 2015 11:05am

steve E

Member Since: 06 Mar 2011
Location: Tenby
Posts: 2073

I'm really sorry to hear this.
They shouldn't be able to back out of an order,especially as there not even numbered.

Did they offer you a deal on any other Defender? Landmark etc

26th Aug 2015 11:20am

Mr Fox

Member Since: 10 Sep 2011
Location: green & pleasant land
Posts: 1037

2015 Defender 90 Puma 2.2 HT Keswick Green

Might be stating the obvious here but have you decided on how you'd like this resolved?

i.e. - do you still want a Heritage if they can procure one? if they cannot get a Heritage, would an Adventure make a suitable substitute, if so, how much would you be prepared to pay for one? If you do not want an Adventure, for the reasons you stated, what would you want, from their product line, and what discount do you feel would compensate you for your lack of 'Heritage'.

Personally, in these situations, I always have my ideal outcome set in my mind - I then work to achieve that. If you go in with no clue as to the resolution you'd like to achieve, chances are neither you, nor the dealer, will be able to work out the situation to your satisfaction. You can negotiate from your ideal outcome but it, imho, is necessary to know what that is before you start to make concessions. Working 'on-the-fly' isn't ideal.

LR/the dealer, will not give you an Adventure for the price of a Heritage; however, there may be some goodwill toward that purchase (5%?). They can discount other products, so again, this could be an option. OR, and perhaps more pertinently, both they and LR can confirm why your Heritage has disappeared. As has been alluded to in this thread already, it may be the case that the dealer never had a firm allocation in the first place and LR simply confirmed that they couldn't supply an additional Heritage to the dealer; if this is the truth, then LR won't be motivated to find you one. If, however, it is a cock up at LR end, then pressure directly on them may 'find' you one.

Good luck and I hope you resolve it to your satisfaction.

26th Aug 2015 11:30am

m33ufo

Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150

steve E wrote:
I'm really sorry to hear this.
They shouldn't be able to back out of an order,especially as there not even numbered.

Did they offer you a deal on any other Defender? Landmark etc

Their last Landmark was sold on the weekend. Apparently no availability on Defender.

I was quite philosophical about the whole debacle but I'm literally left with no options - other than stump up £43K for the Adventure.

26th Aug 2015 11:35am

steve E

Member Since: 06 Mar 2011
Location: Tenby
Posts: 2073

Like you said.
That's just too much bucks to pay.

Worth giving Likes in Brecon a call to see if anything going.

26th Aug 2015 11:42am

m33ufo

Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150

AM94 wrote:
Might be stating the obvious here but have you decided on how you'd like this resolved?

i.e. - do you still want a Heritage if they can procure one? if they cannot get a Heritage, would an Adventure make a suitable substitute, if so, how much would you be prepared to pay for one? If you do not want an Adventure, for the reasons you stated, what would you want, from their product line, and what discount do you feel would compensate you for your lack of 'Heritage'.

Personally, in these situations, I always have my ideal outcome set in my mind - I then work to achieve that. If you go in with no clue as to the resolution you'd like to achieve, chances are neither you, nor the dealer, will be able to work out the situation to your satisfaction. You can negotiate from your ideal outcome but it, imho, is necessary to know what that is before you start to make concessions. Working 'on-the-fly' isn't ideal.

LR/the dealer, will not give you an Adventure for the price of a Heritage; however, there may be some goodwill toward that purchase (5%?). They can discount other products, so again, this could be an option. OR, and perhaps more pertinently, both they and LR can confirm why your Heritage has disappeared. As has been alluded to in this thread already, it may be the case that the dealer never had a firm allocation in the first place and LR simply confirmed that they couldn't supply an additional Heritage to the dealer; if this is the truth, then LR won't be motivated to find you one. If, however, it is a cock up at LR end, then pressure directly on them may 'find' you one.

Good luck and I hope you resolve it to your satisfaction.

My options are limited in the extreme. Currently the only one being to take the Adventure and negotiate the best deal I am able to.

Stratstone Cardiff were allocated two Heritage Defenders, a 90SW and a 90HT. The HT has now been removed from their allocation and substituted by an Adventure 90. It appears to be LR's issue not the dealers.

26th Aug 2015 11:48am

shaggydog

Member Since: 12 Aug 2012
Location: Kent
Posts: 3347

1991 Defender 110 200 Tdi USW Arles Blue

Sounds like Land Rover have massively underestimated how many people would want the heritage and how many would like the Adventure.

Personally, I would have loved the Adventure 110 but at £43k it was way to much of a premium for very little in the scheme of things.

I think they may now be trying to send out more of the adventure models as there just doesn't seem to be that much demand for them.

Really mucky situation, i hope it gets resolved amicably. Running Restoration Thread http://www.defender2.net/forum/post323197.html#323197

Self confessed mileage hunter

26th Aug 2015 11:53am

m33ufo

Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150

Thank you.

The Adventure 90 is £43,495. I would guess the 110 is more

Just extremely bad timing.

26th Aug 2015 11:56am

Mr Fox

Member Since: 10 Sep 2011
Location: green & pleasant land
Posts: 1037

The 110 is the same price iirc.

26th Aug 2015 11:57am

m33ufo

Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150

bargain

26th Aug 2015 11:58am

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