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Car dealer refusing to honour 14 day cancellation -distance selling regulation
I was wondering if anybody has any advice regarding an issue with a dealership. I bought a used car recently via what I believe is a distance sale. I saw the ad on autotrader, sent a mechanic to carry out a pre-purchase inspection. I then paid a £200 deposit and then the dealer arranged to deliver the car to my home a few days later. Upon seeing the car, I started to have second thoughts. (The car was a gift for my mum), I felt pressured by the dealer and just went ahead with the purchase by sending a bank transfer for the remaining funds £7000. That evening, I called him to ask if I could return it. He refused. Since then I realised I have additional rights under distance selling regulations as stipulated within the consumer contracts legislation 2014. I learned there is a 14 day cooling off period known as the cancellation period which entitles consumers to a full refund providing the contract was concluded away from the business premises.
Armed with this knowledge, I put it in writing and emailed the dealer the following day. He took 14 days to respond via email in which he stated that the distance selling regulations do not apply as I had a mechanic inspect the vehicle on my behalf. I have since spoken to a solicitor (free consultation) who has informed me this isn't the case and my 14 day cancellation period remains under the distance selling regulations. In the email, he stated that the refund refusal is their final position but they could offer to buy the car back from me (they added bullshit about the car depreciating in value so would give me less money back). I have called to discuss it again, the dealer has told me to stop contacting him as the business will not be issuing a refund. I have enquired about solicitor fees for sending a letter before claim and have been quoted £400 and £650. Citizens advice and trading standards haven't been very helpful other than confirming that I do have the cancellation period. I feel completely stuck as the car has been on my drive for 1 month, it hasn't been touched since he delivered it.
Please can anybody give me advice? I am leaning towards paying the solicitor fees, although they have told me that the fee reflects the cost of advice and preparing the letter. My worry is about the position I would be in if the dealership ignore the letter or continue to refuse to issue the refund. Small claims court could take months and I would then have paid an additional £400 with potentially no outcome.
Armed with this knowledge, I put it in writing and emailed the dealer the following day. He took 14 days to respond via email in which he stated that the distance selling regulations do not apply as I had a mechanic inspect the vehicle on my behalf. I have since spoken to a solicitor (free consultation) who has informed me this isn't the case and my 14 day cancellation period remains under the distance selling regulations. In the email, he stated that the refund refusal is their final position but they could offer to buy the car back from me (they added bullshit about the car depreciating in value so would give me less money back). I have called to discuss it again, the dealer has told me to stop contacting him as the business will not be issuing a refund. I have enquired about solicitor fees for sending a letter before claim and have been quoted £400 and £650. Citizens advice and trading standards haven't been very helpful other than confirming that I do have the cancellation period. I feel completely stuck as the car has been on my drive for 1 month, it hasn't been touched since he delivered it.
Please can anybody give me advice? I am leaning towards paying the solicitor fees, although they have told me that the fee reflects the cost of advice and preparing the letter. My worry is about the position I would be in if the dealership ignore the letter or continue to refuse to issue the refund. Small claims court could take months and I would then have paid an additional £400 with potentially no outcome.
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