Hi there new to the forum and thanks so much in advance for any advice!
I signed a car leasing agreement in May last year for a new Honda HRV.
Due to this being a brand new model being shipped, Honda didn't arrive until Friday 7th Oct 2019 last week.
It soon became clear that I could not fit my three children into the back - massive growth spurt! and so the day after receiving it, I flagged this and told them that I wanted to exercise my right to return the car under the 14 day cooling off period.
Of course they are saying that the cooling off period was finished in May - their contract states that.
I have responded to say that under The Consumer Contracts Regulations 2013, my rights as consumer state that the cooling off period runs 14 days after the car has arrived as long I signed a contract remotely and not in person. This is also the Regulation stated on their contract. Extract of The Consumer Contracts Regulations 2013
Right to cancel
(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 Normal cancellation period
30.—(1) The cancellation period ends as follows, unless regulation 31 applies.
(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—
(a)the consumer,
The leasing company are now saying that this law only applies to a PURCHASE and not a LEASE - (which makes me wonder why they quote the The Consumer Contracts Regulations 2013 on their contract.)
So......does anyone know if they are right and whether the 2013 regulation only covers purchase and not lease. My understanding is that the regulation does not cover car rental but again, there is a difference between leasing and rental based on the responsibility to insure and service the car.
Please help!! They want to charge me £000's to cancel and I really have to change cars.
Thanks so much
Mark
I signed a car leasing agreement in May last year for a new Honda HRV.
Due to this being a brand new model being shipped, Honda didn't arrive until Friday 7th Oct 2019 last week.
It soon became clear that I could not fit my three children into the back - massive growth spurt! and so the day after receiving it, I flagged this and told them that I wanted to exercise my right to return the car under the 14 day cooling off period.
Of course they are saying that the cooling off period was finished in May - their contract states that.
I have responded to say that under The Consumer Contracts Regulations 2013, my rights as consumer state that the cooling off period runs 14 days after the car has arrived as long I signed a contract remotely and not in person. This is also the Regulation stated on their contract. Extract of The Consumer Contracts Regulations 2013
Right to cancel
(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 Normal cancellation period
30.—(1) The cancellation period ends as follows, unless regulation 31 applies.
(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—
(a)the consumer,
The leasing company are now saying that this law only applies to a PURCHASE and not a LEASE - (which makes me wonder why they quote the The Consumer Contracts Regulations 2013 on their contract.)
So......does anyone know if they are right and whether the 2013 regulation only covers purchase and not lease. My understanding is that the regulation does not cover car rental but again, there is a difference between leasing and rental based on the responsibility to insure and service the car.
Please help!! They want to charge me £000's to cancel and I really have to change cars.
Thanks so much
Mark
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