distance sale and cooling off period

[Advent1307]

I found a vehicle advertised on auto-trader and called the dealer and made a deposit over the phone. I then sourced my own finance and paid for the car in full through an online app.

I drove to the garage and picked up the paperwork and drove the car away. I did not test drive it, I simply collected the paperwork and drove away.

Within 14 days I notified the garage that I wanted to return the car.

The dealer refused stating that it was not a distant sale because I had collected the car.

The Motor ombudsman states that it was a distance sale as the price was agreed online and paid in full without having visited the dealer. However, as the dealer is nor sugned up to the Motor Ombudsman they cannot assist.

I am happy to go to small claims court, however, can someone advise for certain that it was a distance sale and I had the right to return within 14 days. The dealer is convinced that because I collected it I had no right and I am not familiar enough with the law to be certain and do not want to waste money on small claims if I could lose on a technicality.

To be clear,the whole deal was completed online and paid for online in full prior to collection and I did not visit the dealer or take the car out for a test drive.

[Pezza54]

Sorry I agree with the dealer. You should have inspected the car and not driven away before saying you have changed your mind about buying it
A consumer who buys an article of clothing online (distance sale), can't wear it for a week and then decide they want to return it for a full refund,

It is a different matter if there is a serious fault with the car, or it is not as described in the advert or over the telephone by the dealer

[des8]

It was a distance sale and you have 14 days cooling off period in which to return the vehicle

[Pezza54]

Please see Section 34.9 and 34.10 of the Consumer Contracts Regulations 2013
These clauses cover the deduction a trader is entitled to make to cover the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. The deduction on the refund for the diminished value of the goods may be up to the full value

The consumer should expect a full refund after inspecting the car, a short test drive, and then deciding to cancel the contract

Returning the car after one week and a few thousand miles on the clock, the dealer is entitled to make a deduction on the refund. The consumer returns the car, the dealer refunds the consumer much less than the consumer was expecting and a dispute arises

[des8]

agreed that a deduction may be made & cost of return is down to consumer, but the right to reject as a distance sale is being completely denied by the dealer

anyway we have agreed in the past on LB that this type of situation could be a a minefield
https://legalbeagles.info/forums/for...nce-sale/page3