Not playing devils advocate as I honestly dont know, but could it be your "get out" clause that has had an impact? Are Toyota able to use the same escape that you can?

Like I said, I dont know but maybe the delivery date in a contract works both ways.

That said, that really sucks that they didnt consult you. Poor form.

I'm pretty sure this is illegal, as they had your money and a signed contract.

Actually, the more I think about this, the more I believe something is not right. It almost seems as if someone offered above rrp for the car, so they're taking yours and passing giving it to someone else.

They have no legal obligation at all to sell anyone a car. Its just refusal to do business, really strange too. I've never heard of anyone doing business that way before.

You might be right about selling it to someone else, but its just speculation. Its poor form either way to find out in the mail with a cheque.

They do have an obligation to sell him a car if he's paid them a deposit and both parties have signed a contract. That's the whole point of the contract.

Contracts state that if the dealer does not supply a vehicle then the customer had no rights to remuneration or compensation.

The dealer has an easy out with the delivery date clause. They know by now whether his car will be built in time and have exercised the clause put in by the customer.

Hey Bauer, yeah it may have been because of the 'get out clause' but really it just feels like I have been forced to make way for someone else. .. . on the contract the estimated delivery date is just A.S.A.P however under special conditions is states: Delivery date requested to be no later than 31/03/2013.

But why not contact me? Let me extend this date? Let me stay in the queue? Honestly I'm getting angrier by the minute :mad0260:

Give the ACCC a call.

I cannot believe they can do that! I feel so sorry for you :(

The MTA Motor Traders Authority are a better call as the contract was signed using their new vehicle contract guidelines. They will be able to better advise him given as it's their day to day. Dealers operate with licenses issued by the MTA.

and so you should be. really really poor customer service.

Check your PMs spr1nter.

Spr1nter, I really believe that you are pissing in to the wind in regards to any complaints to the ACCC or MTA. By all means call them but I think that you will find that it's not going to help, but for your sake I would love you to prove me wrong.

Without reposting everything I have said previously in the "Wheel Deletion" thread P15.
The garage has not breached it's contract with you, they have used the delivery date clause that you stipulated to say "we can't honour this contract, therefore we are cancelling it" in the same way you could have approached them and used the "no spare wheel' problem to have cancelled the contract.

It was a shit way of dealing with you and obviously not something that is going to make you rush back there to buy another car off them but I think this is one to chalk up to bad karma and seek an 86 elsewhere.

Once again good luck mate and I hope something works out for you.

Cheers mOnty :) really appreciate it :)

Hi Sutty,

To be honest I don't think I will be pursuing things with any of the above mentioned, pending the reply for clarification from the dealer. For me the main issue is a) the fact I'm no longer in a queue of any kind b) the way in which I was informed (a hand written letter with a cheque doesn't cut it and c) the extremely 'flimsy' phone response when pushing for further details. However I will give them the chance to provide me with a more formal response that hopefully makes some sense!

Then it's back to BRZ or 86?? At least Subaru seem semi organised!