What kind of compensation should i be after?

[saveferris]

Hey guys......

I ordered and paid a deposit on a 118 TSI manual, metalic paint, sports pack, bluetooth with mats on the 18th of March for around $34,000, my delivery date was for the 15th of May.

Now this is where my grief starts.....

I was ready to pick up my car on the 15th of May but the dealer called and said the car wasn't ready, I informed the dealer that if the car wasn't ready on that day i wouldn't be able to pick up the car until the following month (16th of June to be exact) because i was going away to Sydney for business commitments. She said that's fine and she'd hold onto the car until i returned.... Fast forward to tonight, I get a phone call from the dealer stating that an error had occurred by the stock controller/manager and as a result my car had been sold. " I smell bull" Now she told me that she has re-orderd my car and that it would now be arriving sometime late July early August. " i'm thinking ." I'll be returning to melbourne on the 15th without a car because i wrote it off in Feb, and because of the stuff up with VW i'll be losing money because i need the car for work commitments.


So my question is am i able to get some sort of compensation from VW Bayside? and what kind of compensation? What do you guys suggest?

I was thinking of a substantial discount on the car and also be given a courtesy car until my car arrives in early August.... is that unreasonable considering i'll be out of pocket.


Thanks gents.

[thekraut]

I'd try this - if you haven't already blown your stack at the dealer, don't!

The best method of getting something for an apparent dealer error is to request to speak to the sales manager/dealer principal of the dealer you're purchasing your car from, and state your case, then simply ask what they can do for you. If you are unhappy with the initial response, make a suggestion similar to 'I'll happily take the cheapest used car on the lot/demonstrator as a loan car until mine arrives' and see how that pans out.

Alternatively, write a letter to their customer relations area - ensure its concise, states the situation exactly as it has occurred and the resulting consequences without embellishment to 'make things sound worse than they are' (believe me, they can spot it a mile away) and wait for a response.

If you have a copy of your sales contract, you may want to check for any clauses there first relating to delivery to be prepared before they throw that one at you on the day.

[Flipper Dog]

At a minimum they should give you a demo vehicle for the entire time until your vehicle is available, this should include a fuel credit.

If your contract has the delivery date as you have stated you have the option to walk away (with your deposit returned) and shop some where else, use this as ammunition to the dealer principle (not your salesman). If they value your business they will look after you, if not then you are better off going somewhere else.

If they have ordered your vehicle then supply of the ordered vehicle should be available as general stock to any dealer if you cancled your order with them.

Remember keep your cool, you are in control with this situation and they will know it.

Very untidy all round.

[saveferris]

I'd try this - if you haven't already blown your stack at the dealer, don't!

The best method of getting something for an apparent dealer error is to request to speak to the sales manager/dealer principal of the dealer you're purchasing your car from, and state your case, then simply ask what they can do for you. If you are unhappy with the initial response, make a suggestion similar to 'I'll happily take the cheapest used car on the lot/demonstrator as a loan car until mine arrives' and see how that pans out.

Alternatively, write a letter to their customer relations area - ensure its concise, states the situation exactly as it has occurred and the resulting consequences without embellishment to 'make things sound worse than they are' (believe me, they can spot it a mile away) and wait for a response.

If you have a copy of your sales contract, you may want to check for any clauses there first relating to delivery to be prepared before they throw that one at you on the day.


Thanks for taking the time to reply.... I haven't spoken to the dealer principal as yet, I was on the verge of blowing my stack but i managed to compose myself and told the dealer that i would be speaking to his manager tomorrow. So i'll see what he has to say for himself.

[Preen59]

Hahahahaha Love the User name dude! :bowdown:


http://www.vwwatercooled.com.au/forums/images/imported/2009/06/fbdo2-1.jpg

[guliver_twist]

I do feel for you...had a similar problem with my MK6...waited for 5-6 weeks to get the one I want to then be told that my car wasn't booked in the computer properly and that another dealer got it...
I singed a contract and paid a deposit 2...
In the end i bought a slightly more speced car and got a discount..

the dealer offered a loan car and free ipod connector (or the same car but not in black)..(i found the mk6 in black to be by far the most appealing to me)..

Sux to wait...they are awsome awsome cars.

[PassatB6]

Sorry to say this but this is a classic dealer trick. Once you have put your deposit down they have got you (unless you have a get out by date). When someone walks in off the street and they really want your car now they sell your car to them in order to get the sale and tell you yours is late. At this point they order you another one. If you don't threaten to pull out they may do it twice or more if a buyer walks in and wants your vehicle.

Classic excuses:
Computer error
Allocation error
VWA order problem

You should ask for a substantial discount and a definite date or cancel your order and get your deposit back.

[windyzz]

(unless you have a get out by date).

Hi What do you mean by that? Hope this does not happen to me

[IanJ]

I think what he means is "if the car isn't here by <this date> then you can walk from the deal"

You could always check with trading standards as to how binding the dates are in the contract.

[Ozram]

Hi What do you mean by that? Hope this does not happen to me

On the back of my contract it says something like ... "if the dealer has not delivered the motor vehicle to the customer within thirty (30) days of the estimated delivery date, the customer may by notice in writing to the dealer rescind this contract."

However, it also says ... "the dealer shall use its best endeavours to acquire the motor vehicle by the estimated delivery date, but shall not be liable to the customer for any loss or damage whatsoever arising either directly or indirectly from any such delay or failure of delivery."

Any further news saveferris?

[windyzz]

Thanks guys for the info. I better check mine :(

[saveferris]

On the back of my contract it says something like ... "if the dealer has not delivered the motor vehicle to the customer within thirty (30) days of the estimated delivery date, the customer may by notice in writing to the dealer rescind this contract."

However, it also says ... "the dealer shall use its best endeavours to acquire the motor vehicle by the estimated delivery date, but shall not be liable to the customer for any loss or damage whatsoever arising either directly or indirectly from any such delay or failure of delivery."

Any further news saveferris?

Hey mate.......I spoke to the sales manager in regards to compensation, I suggested a courtesy car and a discount on my new vehicle, he said he would get back to me by Tuesday, all round my experience with Barloworld Bayside has been really frustrating and disappointing, I expected at the very least for them to make me its priority considering they inconvenienced me....I'll just have to wait and see what they offer me on Tuesday.

Stay tuned......

[PassatB6]

Hi What do you mean by that? Hope this does not happen to me

Sorry to alarm you but I think, as mentioned by others here, there is a statutory time by which they have to get the car or you can pull out and get your deposit back. But you can also specify a time yourself eg by a certain date or 3 weeks from the date of signing etc whatever is reasonable in your case. Thats what I mean by a get out date. Simply, you are covered by law but you can also specify an earlier time.

I took my deposit back on a Jetta because they couldn't supply it in time but that was 3 yrs ago and I was not sure whether the law was still the same.

Either way they can't keep you holding on forever.

[GolfAtom]

G,day folks,

It's distressing to hear of delivery issues in this post and other posts - and I have just ordered a new Golf for my missus! You guys are getting me worried.

Some of the VW dealerships (here in Sydney anyway) have a lot to learn from other car dealers. Three years ago I walked into one to enquire about the Tourag and never received a return call from the saleman after that. I ended up buying a Landrover Discovery 3. My experience with them is very positive and the Discovery 3 is another story.

Cheers,
Alan

[KWICKS]

I had a loaner Golf for 3 months while our MkV was being delivered. We were replacing a written off car and really needed it. They were good about it, so we really looked after it, driving it only when we had to, ie shortest drive to work took it, and I gave it a beautiful clean up before we returned it.

[PassatB6]

G,day folks,

It's distressing to hear of delivery issues in this post and other posts - and I have just ordered a new Golf for my missus! You guys are getting me worried.

Some of the VW dealerships (here in Sydney anyway) have a lot to learn from other car dealers. Three years ago I walked into one to enquire about the Tourag and never received a return call from the saleman after that. I ended up buying a Landrover Discovery 3. My experience with them is very positive and the Discovery 3 is another story.

Cheers,
Alan

I'm sure problems only happen in a minority of cases. Most makes have the same issues.

[saveferris]

Well just a quick update... so far the dealer principal has categorically said No to a courtesy car or a discounted price on the new car i have ordered, obviously this action has now left me with a really difficult decision, if i ask for my deposit back I'll lose the new car that's due in late July/August. If i re order from another dealership the earliest the car would arrive will be September/October. I really don't wan't to hand over my money to Barloworld Bayside but on the other hand i'm in dire need of a new car.

I have already made a complaint through VW Australia and i'm now in the process of making a complaint through the VACC. I'm not sure what else i can do.....or who else i can make a complaint too. ? To say i'm absolutely furious would be an understatement.

Anyway, If you're in Melboune and your're thinking of buying a new car, stick well clear of any Barloworld, especially the Bayside Moorabbin dealership.

[Dilusi]

Well just a quick update... so far the dealer principal has categorically said No to a courtesy car or a discounted price on the new car i have ordered, obviously this action has now left me with a really difficult decision, if i ask for my deposit back I'll lose the new car that's due in late July/August.

They are playing hard! If you haven't directly talked to the Dealer Principal, make an appointment (don't just rely on the word of the sales person). Work out an approximate dollar value their incompetence has caused. Write it down and how you calculated it. Have a face to face meeting with the dealer principal explaining your side of the issue and asking what he/she thinks would be reasonable compensation. Take a notebook and write down what they say, positive or negative and if they agree to anything write it down. If they really say no to everything, read your notes out to them before you leave to make sure you understand what they have said. I think a courtesy car at least would be reasonable - it would cost them next to nothing and would keep good will.
Give us an update

[PassatB6]

Well just a quick update... so far the dealer principal has categorically said No to a courtesy car or a discounted price on the new car i have ordered, obviously this action has now left me with a really difficult decision, if i ask for my deposit back I'll lose the new car that's due in late July/August. If i re order from another dealership the earliest the car would arrive will be September/October. I really don't wan't to hand over my money to Barloworld Bayside but on the other hand i'm in dire need of a new car.

I have already made a complaint through VW Australia and i'm now in the process of making a complaint through the VACC. I'm not sure what else i can do.....or who else i can make a complaint too. ? To say i'm absolutely furious would be an understatement.

Anyway, If you're in Melboune and your're thinking of buying a new car, stick well clear or any Barloworld, especially the Bayside Moorabbin dealership.

Look around to see if the car you want is at another dealer, then cancel your order.

[saveferris]

Look around to see if the car you want is at another dealer, then cancel your order.

I've already done that, called 5 dealerships all said that i would be up for a 3 to 4 month wait. Car has to built then shipped.

[onevan]

I'd cancel my order and get myself another car if I was you.

They can go and get lost with their attitude!

[Gti Dave]

Unfortunately these days, the dealers love to omit the "estimated delivery date box" the last time that was filled in by my dealer was back in 2000 by Toyota. I suppose they realised it caused them too much grief so they now conviently omit this box and as an added protection for themselves as most contracts are these days (contracts don't really protect the customer) they also like to state that they are not responsible for any delays and costs associated with it. So you're really up to the mercy of the dealers and when they stuff up as they USUALLY DO MOST OF THE FREEKIN TIME, they either hold it against you by bending you over and screwing you up the arse or pretend to be doing you a favour by supposedly offering free services such as a loan car etc as "good will". All I can say is, "Good luck mate and we all wish you the best". I'm currently in a similar predicament where I have ordered a new 2009 FOrd Fiesta Zetec and was originally told delivery would be no more than 2-3 weeks tops and that was in mid Feb. From that time, they have constantly changed and not updated me on the delivery until I hassle then and ask them for an estimate. Its June and I still don't have my car and they are saying it should be here end of this month. @ months ago, they lied to me saying that my car was already built and was on the ship and nearly at the Docks in Melbourne and when I didn't get a call from them regarding days for pick up, I called the and they said the ship must be a little late and happens from time to time. Then another month goes by and I hassle them again and this time they say that my car was just made and awaiting for shipment in Germany. WTF!!! Basically, when I spoke to the sales manager calmly, they basically said it was not their fault and they can't do anything about it and gave me a whole spiel how they are allowed to revalue my trade in and etc etc etc (basically a threat) and then tried to make it sound like they are good guys by saying that they will take the blow and not change my contract. Another guy ordered a similar vehicle to mine during the same time and he also got screwed over but by another dealer with his car being sold to a walk in customer who paid full ticket price so he has to wait for another 2 months.

[windyzz]

Unfortunately these days, the dealers love to omit the "estimated delivery date box" the last time that was filled in by my dealer was back in 2000 by Toyota. I suppose they realised it caused them too much grief so they now conviently omit this box and as an added protection for themselves as most contracts are these days (contracts don't really protect the customer) they also like to state that they are not responsible for any delays and costs associated with it. So you're really up to the mercy of the dealers and when they stuff up as they USUALLY DO MOST OF THE FREEKIN TIME, they either hold it against you by bending you over and screwing you up the arse or pretend to be doing you a favour by supposedly offering free services such as a loan car etc as "good will". All I can say is, "Good luck mate and we all wish you the best". I'm currently in a similar predicament where I have ordered a new 2009 FOrd Fiesta Zetec and was originally told delivery would be no more than 2-3 weeks tops and that was in mid Feb. From that time, they have constantly changed and not updated me on the delivery until I hassle then and ask them for an estimate. Its June and I still don't have my car and they are saying it should be here end of this month. @ months ago, they lied to me saying that my car was already built and was on the ship and nearly at the Docks in Melbourne and when I didn't get a call from them regarding days for pick up, I called the and they said the ship must be a little late and happens from time to time. Then another month goes by and I hassle them again and this time they say that my car was just made and awaiting for shipment in Germany. WTF!!! Basically, when I spoke to the sales manager calmly, they basically said it was not their fault and they can't do anything about it and gave me a whole spiel how they are allowed to revalue my trade in and etc etc etc (basically a threat) and then tried to make it sound like they are good guys by saying that they will take the blow and not change my contract. Another guy ordered a similar vehicle to mine during the same time and he also got screwed over but by another dealer with his car being sold to a walk in customer who paid full ticket price so he has to wait for another 2 months.

That is unacceptable, now I'm really worried about my pre-ordered(placed a deposit) MkVI GTI which I haven't heard any news/update from the dealer. I really don't understand why would dealership do those kind of things.

[saveferris]

Look around to see if the car you want is at another dealer, then cancel your order.

I think i'm going down that path, in todays events they offered me a box to drive around in, when asked what kind of box they would be offering me..... he wouldn't say. It took 5 days to get this sorta response from the dealer. All round the customer service experience has been absolutely woeful

I will still be making a complaint through the VACC though, its unacceptable.

[Gti Dave]

To be honest after I finally get my car from DAMN Ford, I'm never going back. Its my first ford and I most probably my last. I've given them the benefit of the doubt that it can't be too bad but they have risen to the occasion of proving my easy going and forgiving nature side of me wrong. I'm definately going to be writing a formal complaint to the ACCC and Ford Australia. This is the reason why some car companies are going down. They need to understand that a great product is not enough in this day and age and that first impressions last and customer service and more importantly integrity and trust is a number one priority that people set high in their expectations. But instead of doing the right thing to keep customers and make new ones, they seem to love screwing people over just to make a quick buck and make full use of the contracts that benefit only them and not the poor consumer.

[Maverick]

I was thinking of a substantial discount on the car and also be given a courtesy car until my car arrives in early August.... is that unreasonable considering i'll be out of pocket.

No it's not but you probably won't get any of it.

I had similar problems with delays last year and the dealer completely screwed me over, took my trade in car (payment was due), kept it for a week (rego and insurance ran out) and then tried to screw me for another $5000 on my trade, plus another ~$1500 because of the corporate discount and the additional $1890 for the other car I had to order the week before (had a sunroof which I didn't want but didn't want to wait months more for another car).

After being told they were not AVIS when I asked for a loan car for the six+ week extra delay I was told they could help out with a car now and again for a day because he had to give his sales staff cars to drive home which he wasn't happy about and suggested that they shouldn't get to take them home. This is the same sales manager that told one customer that buying a car was a waste of money and he didn't understand it, boats were more interesting.

Ending up registering and insuring my traded car, waiting an hour in the showroom for them to bring it up from downstairs (after they had 2 hours notice) and then I found that the pricks had smoked in my car that had NEVER been smoked in before.

Fortunately Highway Auto looked after me and I signed a deal on a GTI that night. Austral VW on the other hand, well I won't say what I think of them nor will I mention the alterations to contracts in between agreeing to it and the printing of the contracts, nor the incorrect finance information given, nor the incorrect arrival dates, now the blaming of VW when the fault was not VW's, nor the misleading .......

[maca]

Fortunately Highway Auto looked after me and I signed a deal on a GTI that night. Austral VW on the other hand, well I won't say what I think of them nor will I mention the alterations to contracts in between agreeing to it and the printing of the contracts, nor the incorrect finance information given, nor the incorrect arrival dates, now the blaming of VW when the fault was not VW's, nor the misleading .......

That's funny, we haven't had the best experience with Austral either and I will never for the life of me buy a Volkwagen from them. I've hung up on them on a few occasions due to their sheer bluntness and their 'straight to the point' attitude. I think they could learn a long, hard lesson from Gold Coast VW (Southport) when it comes to customer service and relations.

As for saveferris; if you can afford it, grab your solicitor and ask him to review the contract in detail. Once your satisfied with that, bring him along to an appointment with the Dealer Principal and threaten to pull out the big guns (the words 'A Current Affair' are normally enough to get their panties dirty). The way you've been treated is far from acceptable and not only do you not deserve it, they don't deserve your custom.

I hate to say this on a VW forum but start looking at other brands. If I were you, I would've walked a very long time ago (if legal) and bought a C30. I know times may be tough but if you can, buy a cheap run-around for the time it takes for the delivery of your car.

Good luck! :driver:

[SoVeReIgN]

Wow **** that, I would take my business elsewhere on principal.

[saveferris]

As for saveferris; if you can afford it, grab your solicitor and ask him to review the contract in detail. Once your satisfied with that, bring him along to an appointment with the Dealer Principal and threaten to pull out the big guns (the words 'A Current Affair' are normally enough to get their panties dirty). The way you've been treated is far from acceptable and not only do you not deserve it, they don't deserve your custom.

I hate to say this on a VW forum but start looking at other brands. If I were you, I would've walked a very long time ago (if legal) and bought a C30. I know times may be tough but if you can, buy a cheap run-around for the time it takes for the delivery of your car.

Good luck! :driver:

Its funny you should say that, 2 days ago i spoke to my solicitor (who in fact is my brother) he made contact with the dealer principal and nutted out an agreement for me. A courtesy car will be given to me but will have to be returned every week and then a new one will be supplied, he even gave me the option to transfer the new car order which arrives in the first week of August to another dealership if the courtesy car isn't sufficient, which is a nice option to have....if i was to re order at another dealership i would be waiting to receive the car sometime in late Oct/November.( I had already looked into this).

I chose to stick with Barloworld because i need the courtesy car desperately and that also Barloworld have to be held accountable for there stuff up, I'm not letting them off. I know they wouldn't do the same for me if i canceled my contract.

[maca]

Its funny you should say that, 2 days ago i spoke to my solicitor (who in fact is my brother) he made contact with the dealer principal and nutted out an agreement for me. A courtesy car will be given to me but will have to be returned every week and then a new one will be supplied, he even gave me the option to transfer the new car order which arrives in the first week of August to another dealership if the courtesy car isn't sufficient, which is a nice option to have....if i was to re order at another dealership i would be waiting to receive the car sometime in late Oct/November.( I had already looked into this).

I chose to stick with Barloworld because i need the courtesy car desperately and that also Barloworld have to be held accountable for there stuff up, I'm not letting them off. I know they wouldn't do the same for me if i canceled my contract.
Good to hear it's working out for you mate :) I just hope it stays that way and they don't cock it up for you.

[KWICKS]

When I bought my Subaru I wanted it quickly but there was a wait, new-iSh model at the time. Instead of screwing a deal I told them I'd pay full RRP driveaway (so onroads were effectively discounted) less $100 for every week I waited. I got the cheapest deal of almost anyone who was buying these at the time when it arrived, ~19 weeks later.

I could not have made it arrive any sooner, and I ensured nobody else was getting my car ahead of me when it arrived by making the dealer chase it to preserve their margin.

Of course others got it cheaper after a year of so went by, but at the time it was a negotiation that worked well for me. I bought our GTI from the same dealer and tried it again but they wouldn't have a bar of it!:biggrin:

[POLARBEAR666]

I would use the clause mentioned earlier to try and get out of the contract but use it as leverage. Say.. Unless you guys sweeten the deal then I will present you with this termination letter which I have here in my pocket.

Should work wonders.
*disclaimer- seek independent legal advice and do not rely on anything I say*

[STV4SYT]

I dont know how you guys do the waiting for a car thing, surely there would be something suitable somewhere on a dealers floor rather than stuffing around waiting to be let down.

Ill only buy something if i can see it and take it home with me straight away (or as close to)

I got screwed around by a dealer on my car. miraculously in between me placing my, paying my deposit, selling my car privately and then calling up to see if my ETA was still on schedule, the car had gotten from the Docks in Port Melbourne, back on a ship to South Africa and was on its way back to Melbourne (I dont think).

Basically i bought a car awaiting compliance at the docks, when i called to check on it it was due into port in 3 weeks, then another 2 weeks (minimum) for the plate. I cancelled and found the exact spec on another dealers floor which i bought , cheaper too i might add.