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Configuration mistake on my delivered car - and Lotus won't take responsibility.

Jimblob

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I just thought I'd see what you guys think on my situation.

1. When I originally ordered the car online I wanted privacy glass.

2. Once I had seen it I decided it was too dark for me and asked for it to be removed (along with a few other changes). This change was made during the period Lotus confirmed that I could make changes. The list of changes including removing the privacy glass was confirmed in writing.

3. When I received the checkout email it doesn't list your options that you have selected. It gives you a private ink to go to the website. On that website you can click about on the filters on the right hand side and it shows you what options have been selected. The filters are collapsed and it doesn't say please check your options. Its also not visible from the image they give you if the car has privacy glass or not.

4. I checked out as I hadn't seen any issues.

5. Prior to delivery you receive a phone call to check over everything such as the full spec. On the phone call the CS lady had several things wrong such as the car colour and the privacy glass. I corrected her where she was wrong and she confirmed that I was actually right - this happened on both the colour and the glass. This call is recorded and Lotus have confirmed that I corrected the lady clearly that the car doesn't have privacy glass.

6. Car turns up at the dealers and he sends me a pic. Straight away I can see the issues and that it has privacy glass. I talk to the dealer then acknowledge that I say its wrong. I then sign for the car as its glass and I'm sure its not a big deal for Lotus to change.

7. After a month of talking to Lotus CS they confirm that the error was theirs with not spotting the issue twice. They confirmed that I had correctly asked for the privacy glass to be removed in writing (which they confirmed in writing) and that I pointed out it didn't have privacy glass on the pre-delivery phone call (which again they confirmed. However Lotus HQ are refusing to do anything as I have signed for the car!!!

I obviously felt like I had to sign for the car (which perhaps I shouldn't have). If I hadn't though I would have had to either wait weeks or more likely wait months whilst the car's glass is sorted or wait a load more months whilst they make a new car!

8. I was told I can formally complain however the people you are complaining to are the people who said no in the first place so there's no point!

9. I've now asked for a price for the dealer to change the glass so I know what I'm arguing against!

10. Does anyone have any suggestions (or connections) on what else I could/should do?
 

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benjh1028

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It sucks to do it but I would have an attorney send them the complaint along with copies of the details. People tend to jump when things take a legal slant (at least in the US where everyone sues everyone).

Best of luck. What a huge letdown on what should be euphoria after waiting for so long.
 

Lolub

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I'm really sorry to hear that, what I letdown. I agree on the legal suggestion. Curious, that Lotus cite a clause or deadline for making changes they could use in their defense?

My order was in April-2022. I deleted privacy glass in November-2022. Nothing formal received, just an email from the dealer the change was made. No mention of any cutoff date.
 

Aero

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Another example of spec confusion by Lotus
 
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Jimblob

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At this point I’m under the impression that if you’ve ever changed your order at any point and time, the order will be wrong.
I don’t think that’s the case. I think I’m unlucky in this instance. I was an early deposit and so the window to change the order was closed a long time ago.

They should/will be getting better.
 

kitkat

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I don’t think that’s the case. I think I’m unlucky in this instance. I was an early deposit and so the window to change the order was closed a long time ago.

They should/will be getting better.
Unfortunately I believe there are other instances of people taking delivery with changes they made not having made it to the production line.
 

JohnHoward

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I asked for my spec in writing by post and was told Customer Services are not able to post anything to you - perhaps they don't have access to envelopes and stamps? They really are truly hopeless.
 

Pugwash

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I asked Customer Service and they emailed me my spec at check out point so I could confirm it is correct.
Jimblob is right in that there is nothing on your checkout “dashboard” that tells you the spec.
I also find it interesting that despite having checked out at no point have I been sent a copy of any Terms and Conditions. They do appear on the web site at check out time but unless you copy and paste them into something like Word, you don’t actually ever get sent a copy by Lotus, and I am not sure how easy it is to get back to where they are on the web site. It was the same when the deposit was placed. I have wondered where Lotus would stand on that if it ever came to a dispute.
 

Tonyshepp

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This was partly my concern on cancelling, my checkout spec was different to that I had changed and locked in on January 2022. No one at LCS could tell me what my actual spec of car was, apparently its on different spreadsheets that have to be aggregated together.

You can take the matter to the small claims court (which covers up to 10K) once you have the cost to supply and rectify from the dealer. It doesn't take much effort to complete the forms online and isnt much money to enter the case.

Perhaps a polite email to them indicating they have accepted they were liable as they had incorrectly supplied and you leave me with no alternative but to sue for remediation. They wont want the associated court case costs or PR.
 
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Jimblob

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I already have an email with my agreed (correct) spec from Lotus dated early last year. I have confirmation from CS that they made the mistake themselves. I also have confirmation from CS that I did confirm “no privacy glass” on the phone when verifying the order…

I just don’t get why despite CS agreeing that it’s their mistake x 2 that Lotus head office is pretending it’s not… like they’re 2 separate companies or something.

I may get my dealer involved as well.

Also I’ve said that I quite like the back glass being darker and so it’s only the 2 side panels they have to replace… I can’t be much more reasonable!
 

SteveB

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I spoke with Lotus CS earlier this week as I wanted an update on my scheduled delivery (which has been pushed back another 2 months 😡). During this call I was told that I could now make changes to my specification up until 3 months before the build date (previously it was 6 months) but any specification changes had to be notified in writing (by email) and could not be accepted over the phone. I’m wondering if this could be a consequence of the issue Jimblob raises?
 

TomE

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Sorry to hear this and it seems there is a clear set of written exchanges confirming your position. Under the Distance Selling Regulations you have a right to reject the car if it is not to the agreed specification (or has a fault) and claim a full refund. Lotus are also obliged to provide you with a copy of the contract and associated terms, and a statement on your right to cancel.

You could try telling Lotus you intend to reject the car and ask for a refund unless they remedy the situation.

If you get stuck, drop me a private message and I'll suggest a contact for an escalation.
 

ADC

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Sorry to hear this and it seems there is a clear set of written exchanges confirming your position. Under the Distance Selling Regulations you have a right to reject the car if it is not to the agreed specification (or has a fault) and claim a full refund. Lotus are also obliged to provide you with a copy of the contract and associated terms, and a statement on your right to cancel.

You could try telling Lotus you intend to reject the car and ask for a refund unless they remedy the situation.

If you get stuck, drop me a private message and I'll suggest a contact for an escalation.
Sadly, I wonder if the response you'd receive to such a tactic (reject and ask for a refund) would be a shrug and "OK"... not due to any hard-nosed brinkmanship, but rather because it is the path of least effort for them :(
 
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Jimblob

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Sadly, I wonder if the response you'd receive to such a tactic (reject and ask for a refund) would be a shrug and "OK"... not due to any hard-nosed brinkmanship, but rather because it is the path of least effort for them :(
Maybe you’re right although I’m thinking that 2 c new side glass sent direct to a dealer to replace should be pretty straightforward… I’m pretty sure I could manage it myself!
 

ADC

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Maybe you’re right although I’m thinking that 2 c new side glass sent direct to a dealer to replace should be pretty straightforward… I’m pretty sure I could manage it myself!
For what it's worth, I think you're clearly being very reasonable. I also would have accepted the car with the expectation that having the dealer swap some glass would have been the least stupid way to remedy the situation. Outright refusing the entire car feels a bit OTT to me 🤷‍♂️
 

kitkat

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Maybe you’re right although I’m thinking that 2 c new side glass sent direct to a dealer to replace should be pretty straightforward… I’m pretty sure I could manage it myself!

You might be right there, they don't even require any sort of adhesive sealant to remove or install -- they're held on by two M6x12 bolts and one M5 nyloc nut.

However you have to remove the rear bumper, tailgate trim, fender badging, both rear fenders to get access to replacing the glass.
 
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Jimblob

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You might be right there, they don't even require any sort of adhesive sealant to remove or install -- they're held on by two M6x12 bolts and one M5 nyloc nut.

However you have to remove the rear bumper, tailgate trim, fender badging, both rear fenders to get access to replacing the glass.
I’m loving this expect knowledge. 😍
 

Lotustoronto

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this whole thread is shockingly disappointing.... sorry to hear the stress @Jimblob .... what are we getting ourselves into with Lotus?
 

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