Dealer negligence/ mal practice ? 14 day cooling off period!

[wizzakid88]

Hi All,




Need some help regarding a lease car & the 14 day cooling off period, distance sales, placed an order for the car last year over phone & email paid a deposit via bank transfer on the order form it states that if I cancel any time then my deposit would go I was fine with that, anyway fast forward 7 months car is here went to go a pick it up 300 miles from were I live, anyway picked the car up and was presented the same forms from the dealer to sign again told him I had already signed them via email he said you need to sign them again under duress I singed did they looked identical to the ones I signed online anyway fast forward last week I told the dealer I was not happy with the car and that I would like to exercise my cooling off period to be told I don’t have one as I signed docs on site ?


A bit baffled here so decided to call finance house who the car belongs to told them that I don’t like the car and that I would like to cancel my agreement and give the car back was told that I was within my rights to cancel the agreement as in 14 days and the lady then went on to mention that the dealer has made a mistake on the forms and marked it as uncancelable agreement when It should be cancelable agreement and that a cancellation form has been requested!

The dealers general sales manager has now called and said the I can’t cancel the agreement because I singed docs on site which I then told him I signed online too so the first contract should be valid, told him I had a conversation with the finance house who the car belongs to and they have confirmed to that I can cancel the agreement as you have made a mistake on the forms!

He then went on to say that the finance house advisors don’t know what they are talking about and that they are low level advisors and this is much bigger than them?

Have it in writing from the advisors that I can cancel the agreement as I am within my 14 days but they won't give me in writing that the dealer has made a mistake on the forms?

I paid a deposit and this was supposed to be returned to me in within 7 days which it has not!

This is a lease car PCH not a PCP

any help would be much appreciated here !

[wizzakid88]

Hi All,




Need some help regarding a lease car & the 14 day cooling off period, distance sales, placed an order for the car last year over phone & email paid a deposit via bank transfer on the order form it states that if I cancel any time then my deposit would go I was fine with that, anyway fast forward 7 months car is here went to go a pick it up 300 miles from were I live, anyway picked the car up and was presented the same forms from the dealer to sign again told him I had already signed them via email he said you need to sign them again under duress I singed did they looked identical to the ones I signed online anyway fast forward last week I told the dealer I was not happy with the car and that I would like to exercise my cooling off period to be told I don’t have one as I signed docs on site ?


A bit baffled here so decided to call finance house who the car belongs to told them that I don’t like the car and that I would like to cancel my agreement and give the car back was told that I was within my rights to cancel the agreement as in 14 days and the lady then went on to mention that the dealer has made a mistake on the forms and marked it as uncancelable agreement when It should be cancelable agreement and that a cancellation form has been requested!

The dealers general sales manager has now called and said the I can’t cancel the agreement because I singed docs on site which I then told him I signed online too so the first contract should be valid, told him I had a conversation with the finance house who the car belongs to and they have confirmed to that I can cancel the agreement as you have made a mistake on the forms!

He then went on to say that the finance house advisors don’t know what they are talking about and that they are low level advisors and this is much bigger than them?

Have it in writing from the advisors that I can cancel the agreement as I am within my 14 days but they won't give me in writing that the dealer has made a mistake on the forms?

I paid a deposit and this was supposed to be returned to me in within 7 days which it has not!

This is a lease car PCH not a PCP

any help would be much appreciated here !

forgot to mention I have spoken to several advisors over the phone who have said the same thing that the agreement is cancellable and that the dealer has made a mistake on the forms!

please any help would be highly appreciated!

[des8]

Consumer Contract (information, Cancellation and additional Charges) Regulations 2013 (sec 29 &30) give you the right to cancel the contract up to 14 days after delivery of the goods if they were ordered off premises.

Every one is advising you the same (except the dealer!) so write (first class post with free certificate of posting from post office) telling him that you are cancelling your contract and if he doesn't return your deposit within 14 days he will be in breach of the regs. and you will initiate county court proceedings without further reference to him

[wizzakid88]

Consumer Contract (information, Cancellation and additional Charges) Regulations 2013 (sec 29 &30) give you the right to cancel the contract up to 14 days after delivery of the goods if they were ordered off premises.

Every one is advising you the same (except the dealer!) so write (first class post with free certificate of posting from post office) telling him that you are cancelling your contract and if he doesn't return your deposit within 14 days he will be in breach of the regs. and you will initiate county court proceedings without further reference to him

Hi,

thanks for the response his argument was that I signed the contract on site and that I am no longer a regulated customer, I then went on to tell him I also signed online and the finance house who the car belongs to are allowing me to cancel! I feel like they know they made a mistake hence why my deposit was not sent back to me within 7 days although they did send me the dealer contribution for the car after 4 days!

[des8]

You signed duplicate forms when you took delivery of the car.
That does not equate to a new or replacement order and tell him you think his construction of the regulations is wrong and if he does not refund,you will let a court decide who is right

As the car was purchased on finance the finance house is also liable to refund you the deposit made to the dealer (if car cost less than £30.000) so you may wish to pursue them as an alternative avenue
Sec 75 of Consumer Credit act applies

[wizzakid88]

You signed duplicate forms when you took delivery of the car.
That does not equate to a new or replacement order and tell him you think his construction of the regulations is wrong and if he does not refund, you will let a court decide who is right

just awaiting for the finance house to send me a cancellation form via post which should have arrived on a Saturday I have sent an email stating that I would like to cancel the agreement with immediate effect! the funny thing is this is the "GENERAL SALES MANAGER"!

the worst thing is I have stopped using the car since the 9th have been catching lifts to work sometimes bus etc , unfortunately the car does not cost less then £30k so I assume I wouldn't be able to get the money back via that way

been having a read online and have come across this Scenario 4: Deposit paid by phone and completion of all purchase and finance contracts online and collection of the car at the showroom

Ms D visits the website of a car retailer, uses the configurator on their website to ‘build’ her new car and places the order. The business then sends her the contractual paperwork and finance agreement to complete by e-mail, which she fills in and sends back, also by e-mail. She then calls the retailer in order to pay the deposit. However, she doesn’t wish to pay the cost for the car to be delivered to her home and goes to the showroom for the handover of the vehicle.


Does this constitute a distance sale?


The answer in this scenario is YES, because Ms D ordered and completed the contractual information on the internet and paid over the phone. Her visit to the retailer came after she had concluded her contract with them. However, if Ms D had signed any of the sales documentation on the retailer’s premises, before collecting the car, this would no longer be a distance sale and she would not benefit from any additional rights.

[wizzakid88]

Consumer Contract (information, Cancellation and additional Charges) Regulations 2013 (sec 29 &30) give you the right to cancel the contract up to 14 days after delivery of the goods if they were ordered off premises.

Every one is advising you the same (except the dealer!) so write (first class post with free certificate of posting from post office) telling him that you are cancelling your contract and if he doesn't return your deposit within 14 days he will be in breach of the regs. and you will initiate county court proceedings without further reference to him

there's been an update regarding the matter it now seems the finance house are back peddling what they have said to me over the phone although I have emails from them stating that the agreement is cancellable , they are now saying that I signed documents on site and the cancellation process is different I should email this department to get a response etc I am starting to get really frustrated with the whole matter, first it was wait for the welcome pack now its email this department & they will deal with the cancellation, feels like I'm not getting anywhere with this and we are just going around in circles

[des8]

So send trader and finance house a "letter before claim" telling them that your original order was online, and signing a duplicate order at the point of delivery does not negate the fact that the order was a distance contract, and you are therefore exercising your right to cancel within the 14 days.
Tell them that if they do not honour your rights and return your monies within the next 14 days you will initiate court action without further reference to themselves.

Send letters email, a copy via first class post with free certificate of posting from post office.


What was the date on the order form you signed on delivery of car?
Do you have copies of your original email order?
What is the value of the vehicle? That might have a bearing on whether or not you want to go down the legal route

[wizzakid88]

So send trader and finance house a "letter before claim" telling them that your original order was online, and signing a duplicate order at the point of delivery does not negate the fact that the order was a distance contract, and you are therefore exercising your right to cancel within the 14 days.
Tell them that if they do not honour your rights and return your monies within the next 14 days you will initiate court action without further reference to themselves.

Send letters email, a copy via first class post with free certificate of posting from post office.


What was the date on the order form you signed on delivery of car?
Do you have copies of your original email order?
What is the value of the vehicle? That might have a bearing on whether or not you want to go down the legal route

Hi,

the date on order form was last year as it was a factory order, I originally signed the contract online on the 1st of Feb this year , I have the order forms and the contract in which I signed online on my pc , I also have the dealer confirming to me in email that the deposit I paid last year would be refunded to me within 7 days which never happened

what about consumer protection from unfair trading regulations ? would this situation be classed as breach of CPR's (giving false information too,or deceiving consumers?

the value of the car is £63k

[des8]

With a car that value the dealer isn't going to roll over easily.

Might possibly be caught by the unfair trading regs in pressurising you to sign the order form at point of delivery in an attempt to restrict the cancellation rights given under The Consumer contracts (Information, Cancellation and Information) Regulations 2013

I see your options as
1) court action, but this has the risk if losing of paying the other sides costs.
If you can persuade the court to allocate your claim to the small claims track on the grounds that there is no dispute over the facts, just the interpretation, the costs problem disappears. However unlikely the court will agree viewing the amount involved.
2) ombudsman claim. Ombudsman generally rule on what is fair, not what is legally correct.
Advantage is it is free for you, binding on finance house but if you don't accept the ruling you can proceed to court
Disadvantage is time they take, during which you shouldn't use the car, but take reasonable care of it
3)retain car and Voluntarily terminate the agreement at its half way point

Perhaps obtain professional opinion on your options

[wizzakid88]

With a car that value the dealer isn't going to roll over easily.

Might possibly be caught by the unfair trading regs in pressurising you to sign the order form at point of delivery in an attempt to restrict the cancellation rights given under The Consumer contracts (Information, Cancellation and Information) Regulations 2013

I see your options as
1) court action, but this has the risk if losing of paying the other sides costs.
If you can persuade the court to allocate your claim to the small claims track on the grounds that there is no dispute over the facts, just the interpretation, the costs problem disappears. However unlikely the court will agree viewing the amount involved.
2) ombudsman claim. Ombudsman generally rule on what is fair, not what is legally correct.
Advantage is it is free for you, binding on finance house but if you don't accept the ruling you can proceed to court
Disadvantage is time they take, during which you shouldn't use the car, but take reasonable care of it
3)retain car and Voluntarily terminate the agreement at its half way point

Perhaps obtain professional opinion on your options

Hi,

thanks for the response with car's becoming hard to get on a daily basis due to semi conductor issue they would easily sell it for a profit, forgot to mention that the dealer who has held my deposit knew the initial payment was supposed to go out on this date which it failed to go out due to insufficient funds from my side as the deposit was held, will be taking to my lawyer today regarding the matter.

appreciate all the help