General my blood is boiling

[XIIX]

yay for my 500; its been found. FOUND? whenever did you lose it you ask??
well, after weeks of delays and 'false promises' i finally got some info from my dealer today... apparently the reason for the delays has been because my car was delivered to the wrong dealer and was just waiting there to be recovered.. as it happens its still waiting at a dealer 100s of miles away from here in rainy london maybe till tuesday!
its my bday on wednesday :slayer: so dealer has told me i can have it then, but somehow im not raising my hopes...
this is sooo dumb, i feel so **@$%$&d off with fiat.. URGH.

sorry for taking it out here, just urgh - lol, ok i will stop

 

[Nuova500]

Oh, thats different hope you get it for your birthday.

 

[Ulpian]

Let's hope.
But at least you aren't travelling by air, or train, at the moment. Think of them...
There is so much pent up anticipation here with people so excited about the arrival of their new cars. I've never seen anything like it. Fantastic actually. Don't rush them through the PDI though; an extra day or so won't make any difference in the long run will it...not really...and you want it right.

 

[Camelot Knights]

lets hope it arrives on your birthday,with blue skys,and sunshine

 

[XIIX]

thank you for kind msgs, just thought i need to update all of you with my thoughts now.
i called up the dealer today so that i could arrange to make all the payments etc and sort out the plates etc.
however i find out its not just my car thats wondered off the another dealer but now all the salesmen and staff of my local dealer. it turns out that DENKALE WEST LONDON have gone into administration as of today. this is obviously very sudden and without a hint or warning. as if that wasn't enough after weeks of delays as well, i have found out i have lost my £500 deposit!!! the administration now needs to go through and all details for this have been formalised before i even find out if i can get any money back.
my car? well thats sitting in bristol instead of london and now belongs to that dealer. if i want it i must buy it from them and pay the £500 again. there is no way i'm seeing this car before wednesday and even doubt this week! this is absolutely appalling and am sorry but all my big fears of buying a fiat are slowly being realised. what to do?

 

[sledge]

Speak to a Solicitor......fast.

 

[lfc958]

Sorry if this sounds a bit thick, but is it your dealer thats gone bust or the dealer that had your car by mistake ?

If it is your dealer, then I can possibly understand you loosing your deposit, however if it is the other dealer gone bust, then your deposit and agreement is with your dealer and it is up to him to either chase the car down or order another and get it for you.
However if your dealer has been bought out and someone else owns it, that may be a bit trickier.
I would suggest you negotiate to get the car you have paid your deposit for if your dealar is still trading, even if under a differnt name, otherwise I would suggest contacting Citizens advice or trading standars and see what they say.

 

[Ulpian]

All of that...
Very, very sorry. I can only imagine how B. angry you must be.

However, and I can see why you are feeling this way, it probably isn't Fiat's fault per se. They manufacture the cars and don't own the dealers, and your contract was with the dealership. However, Fiat is putting pressure on the dealerships to improve, so a polite but succinct letter to Fiat UK, and Turin, wouldn't go amiss. I'd start with this. In fact, I once wrote a letter about the name of a future model to Paolo Cantarella, who was then the CEO of the company; and I had a proper reply signed by the man himself. Impressive.

Then I'd be down to Citizens Advice and running this past their free for half an hour solicitor ASAP, or even my own man.

Somebody has £500 of your money - make a fuss.

 

[Venters]

WOW.

As Sledge says get yourself on he phone to a solicitor. Hopefully the situation can be resolved.

 

[baldrick500]

There are a chain of Denkale dealers - Chevrolet & Fiat. There is a Denkale Fiat dealership in Reading.

The Denkale web site only lists three dealers but the Denkale West London web site http://www.dealers-fiat.co.uk/detail.php?id=44 is still up and the email domain denkale.co.uk is the same as the Group web site http://www.denkale.com/

I can't believe if the group is still going that they wouldn't honour your order. Of course it could be group has gone bust but it is odd the main Denkale site doesn't list the West London dealer.

Good luck
Baldrick

 

[Socrates]

Sorry to hear about your problems but not sure this will be of any comfort either.

I get a lot of insolvency cases at my firm and unfortunately as the deposit and contract was with your dealer and not with Fiat you may end up having to get in the long line of those who are owed money by the dealership.

If you paid by credit card then the situation is different according to section 75 Consumer Credit Act 1974 as long as the amount of the deposit was over £100 (which it was). If this is the case then you should contact your credit card company who are just as liable as the dealer for the refund of your money.

If you paid cash then where bankruptcy occurs there is a specific order in which debts are settled and if there is no money left over by the time it gets to you then there may be no hope of a return of your deposit.

It is a very unlucky situation but the outcome could also depend on whether it is the dealership or a whole group that has gone into administration and whether they are to be bought out. For example, the Fiat Caledonia group went into administration earlier this year and were subsequently bought out so many people could have had their deposits and orders saved.

If you want more specific legal advice then send me a private message and I may be able to help you further or go to the Citizens Advice Bureau or a free law clinic such as at a local university law school.

Hope that helps...

 

[Socrates]

Just to add, I just did a Companies House search on Denkale Limited and there is nothing to suggest they are in liquidation but it could be too soon for it to go on the website. If the dealership was part of that group and only that dealership is insolvent then you could have your money repaid by Denkale Limited as it is likely that the group name could appear on your original contract documentation, I would need more information though.

 

[nebrog23]

That's terrible news. Really hope you get it sorted out. I'd contact the dealer and see what they say about getting your car. I would be tempted to get the car ASAP and pay the £500 again. This might sound crazy but maybe just draw a line under it all and forget about the £500deposit and contact FIAT and hope for some vouchers or free service.. I know £500 is a hell of lot of money but you could loose more going through a solicitor, not to mention the time and stress. If they have gone into liquidation your going to be near the back of the queue for your money.

 

[Socrates]

Nebrog is right about going ahead and paying the other £500 to get your car and about solicitors' costs but I offer my services for free if you need help. I am a qualified Barrister and despite the many, often justified, stereotypes about lawyers we're not all money grabbing leeches and I'd work on a free (or pro bono) basis to help out a fellow 500 buyer.

As I indicated earlier, as long as the credit card payment applies then I think you have a decent chance of getting your money, if not it obviously depends on the circumstances but I think it's worth a try considering the amount involved.

 

[XIIX]

update,
once again thank you for all your messages.
i have called the dealer in bristol who have let me know that they did receive the car. they have told me that the car was not delivered to the wrong dealer but was simply left on the port for too long and they had called it up instead of denkale west london who had ordered it for me.
and the best part ..... THEY HAVE ALREADY SOLD IT!! WHAT THE HELLL!
how can this happen. i ordered it months ago with a deposit and someone else walks into their showroom and buys it! - i am now down £500 and 3 months of waiting for nothing.
have been speaking to fiat uk and fiat directly in italy who are both equally useless. i am awaiting a call back from each having called several times.. why do things like this happen, i do not know who's fault this all is, but is certainly a reflection of fiat who i think suck big time! my two pennies worth anyway!

 

[Mark Elvin]

That really suck, sorry to hear it.

 

[John R Smith]

Well, this is a sorry tale.

However, it is not Fiat's fault, and you can't really expect them to do anything for you. You were not buying a car from Fiat UK, your contract was with the original dealer where you placed your order. The second dealer (in Bristol) has done you no wrong, either. They merely picked up a car which was sitting at Portbury with no (solvent) dealership to take delivery and found a buyer for it. They knew nothing about you or your deposit.

All you can hope for is that you might recover your deposit from the receivers of the original dealership, but it is most unlikely that you will get the full amount. I do hope you have the receipt for it on the dealer's headed paper?

So, what should we learn from this? When ordering a car -

• Do not give a cash deposit unless you absolutely have to. Ring round a few dealers first to find out what their rules are on this.
• If you do have to put down a deposit, keep it as small as they will accept - limit the amount of cash which you are exposing to total loss if the worst happens.
• Negotiate the deposit down, if you have to - very few salespeople are going to lose a sale because you will only give them £250 rather than £500.
• Get a receipt, dated and signed, and on the dealer's headed paper.
• Pay the amount by credit card, not debit card or cheque - then you have a chance of getting it back from the credit card company.

This whole business of deposits against new car orders really needs looking into, because there is no safeguard for the consumer as we have seen here.

John

 

[Venters]

This whole business of deposits against new car orders really needs looking into, because there is no safeguard for the consumer as we have seen here.

John

So a dealer is to order a £11,000 car to be built from scratch at the factory without any sort of commitment from the customer?
Some will do it, but why should they have too?

 

[John R Smith]

Beast

it needs looking into for two reasons -

• You, as the trader, have my money sitting in your account for the six to twelve weeks (or longer) it takes to get the car. You are earning interest on it, while I am not.
• If your company becomes insolvent within this period, I lose all of my money and have no redress.

In other fields, this does not apply - house purchase deposits, for example, are refundable up to the point where contracts are exchanged. Once contracts are exchanged, the vendor must complete the sale and hand me my property. With cars, at the top end of the market, we are dealing with items which are as expensive as houses. It amazes me that there are not more robust procedures in place to protect both buyer and the dealership.

By the way, I used to be in the motor trade myself, so I have seen this from both sides of the fence.

John

 

[nebrog23]

update,
once again thank you for all your messages.
i have called the dealer in bristol who have let me know that they did receive the car. they have told me that the car was not delivered to the wrong dealer but was simply left on the port for too long and they had called it up instead of denkale west london who had ordered it for me.
and the best part ..... THEY HAVE ALREADY SOLD IT!! WHAT THE HELLL!
how can this happen. i ordered it months ago with a deposit and someone else walks into their showroom and buys it! - i am now down £500 and 3 months of waiting for nothing.
have been speaking to fiat uk and fiat directly in italy who are both equally useless. i am awaiting a call back from each having called several times.. why do things like this happen, i do not know who's fault this all is, but is certainly a reflection of fiat who i think suck big time! my two pennies worth anyway!

Sounds like your dealer had not paid Fiat for the car or they owed fiat so they would not deliver. Has your car actually left the bristol dealership? You could always try get it back. I am surprised they managed to sell such a specfic car.
It might be worth going to another dealer and seeing what stock they have available quickly, I bet there are a few in the system with your colour, fogs and alloys, maybe just struggle with the leather, esp and climate

or how about this
http://cgi.ebay.co.uk/2008-08-reg-F...oryZ9843QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

It's been on a while think he has already reduced it by £350, might be able knock it down to the list price of £9400 and then buy some of your options.
Good Luck