How to protect a deposit if an order is delayed

IF YOU’VE tried to order a new car recently you’ll no doubt have been warned of long waiting times for delivery.This is because the manufacturing process has slowed, caused by a worldwide shortage of certain components, and now also affected by the situation in Ukraine. The problem is not unique to cars; manufacturers of boats, caravans, electrical and other goods have also been impacted. This has given rise to a flurry of complaints in my inbox and on my LBC Consumer Hour radio show from buyers who paid a deposit for goods that are now not going to be delivered when promised. Gavin from Northants ordered a new Mini in October. He paid a £500 deposit and was told it would be delivered in March 2022. He has now been told delivery will not be until June. Gavin cancelled his order and asked for his deposit back. In response, the garage told him it was “non-refundable”.

Having ordered a new motorboat in June last year, Daryl from Bournemouth was told it would be delivered by April. This week he learnt the boat had arrived – but without its engine, which would arrive “later in the year”. The marina told him he cannot cancel the order as the boat has arrived.

I’ve received lots of complaints like these. Ordinarily, I tell people you cannot get a non-refundable deposit back. But these circumstances are different.

Gavin was told his new car would definitely be here by March. The delivery date was part of the contract, so missing it became a breach of contract. He is entitled to his deposit back.

The position is the same for Daryl and, no, it doesn’t make any difference that the boat has arrived – until it has its engine, his order is not complete.

If you place an order for goods that need to be ordered from the manufacturer make sure you get a firm delivery date in writing. This will protect your deposit and give you the right to a refund if the delivery date is breached.