Consumer rights and cars

[The Donut]

Hi all ,
Quick question regarding the 30 day refund start time.
I've read that if buying in person the 30 days starts then. If bought online it starts on receipt of goods.
I recently bought a car and still well within 30 days.
However , I paid a deposit on day x over the phone , paid in full 7 days later ( bacs )and received car 8 days after day x.
So my question is does the 30 days begin on deposit day , bacs day or delivery day?

Thanks for looking.

Donut

[atticus]

s22(3)(b) Consumer Rights Act 2015 - the time for the short time right to reject runs from the date of delivery of the goods.

[des8]

... and as it was a distance sale there is a cooling off period of 14 days from delivery, or twelve months if you were not not provided with the information on the right to cancel (Consumer Contracts(Information, Cancellation and Additional charges) Regulations 2013)

[The Donut]

Thankyou very much folks
Hoping now the fault is accepted and i get my money back

Donut

[The Donut]

Just to add that they actually put day X on the invoice as delivery date . I take it that wouldn't be binding as it most definitely wasn't .

Donut

[The Donut]

Hi , they couldn't find a fault and say nout is wrong.
But I've just realised about the 14 day cooling off period. ( Thanks Des8 ) My head just spinning at the mo.
So as I understand it i can just cancel the purchase?
How do i inform them , over phone or in writing?
If in writing is email acceptable?
Anything else about the process I should know?
I don't need to give a reason?
This is 2nd hand car does that make a difference?

Thanks for reading .

Donut

[des8]

You need to write to them, email is acceptable but I would also send a hard copy via 1st class royal mail with free certificate of posting from post office.

You will need to tell them this is in accordance with your rights under the regulations to cancel within the cooling off period
(which in this case, as I assume they did not comply the regulations, the cooling off period is 12 months )

Suggest you read the regulations and quote the relevant sections at them!

[The Donut]

Thanks Des8 ,
I have just sent email using citizens advice beaurau template.
They sent an auto response so I've saved that , will that do?
Think they're going to call tomorrow so hopefully may get somewhere with it then.

Cheers

Donut

[The Donut]

I'm still worried that they marked it as delivered on day x when i made the deposit.
Is it definitely 14 days from ACTUALLY receiving the car or does the date on the invoice override this?

Cheers

Donut

[The Donut]

It says " I acknowledge receiving delivery of the car on day x"
Signed by phone.

Cheers

Donut

[des8]

The 14 days runs from the date the goods are received by the buyer.
Do you have proof of the actual delivery date?.

Can't comment on CAB's template as I don't know it!

[The Donut]

Well my proof is I stayed home to receive it , i also photographed it on the day. I was also in contact with the firm that delivered it and have screenshots of the call log. Also have WhatsApp message from day before saying they would confirm delivery date when they had confirmation . Conversation saved and screenshots of it as well.

Any good?

Cheers

Donut

[des8]

...

[The Donut]

Thankyou for your help Des8 , it's settled me down a bit , still not looking forward to the phone conversation tho
I just realized as well that they couldn't have told me about 14 day period as when I called today , the person who i spoke to about it , whom also took the deposit , said she'd never heard of it.

And apologies for doing this in the wrong forum section.

Thanks again

Donut

[des8]

Good luck tomorrow.
If possible record the call and confirm it in writing afterwards.