14 day cancellation rights

[AOK]

Hi there. Just wondering if anyone legally minded can offer some thoughts on the following....

I'm in the process of getting a new car on a PCH style agreement. I was sent the agreement to sign about 3 weeks ago and in the covering letter it said:

"Please note your compulsory 14 day cooling off period will begin the day that you sign these documents, your vehicle will not be released until you have completed this period."

Is that legally okay? Sounds like quite a clever way of side stepping the cooling off period!

I wouldn't usually care but an issue has come about. I'm supposed to collect the car tomorrow but an admin error which they are trying to sort has made itself apparent. If they can't sort it, then I'm not entirely sure I want to proceed... But seems I have inadvertently waived my 14 day cancellation rights, even though this error could not have been found until now.

Hopefully they sort the problem but quite an interesting scenario I think. Any thoughts from those in the know?

Cheers!

[JustinP1]

AOK said:

an admin error which they are trying to sort has made itself apparent. If they can't sort it, then I'm not entirely sure I want to proceed... !

What's the error?

[ModernAndy]

Whether the car is as it should be and whether you're happy with the finance are 2 different issues. Given that you need to have completed the cooling off period before picking up the car, hopefully you've had enough time to think about it before signing the docs. It's just one of those things as the car itself isn't subject to distance selling regulations or finance regulations, it's the agreement that is subject to the finance regs. What I'm trying to say is the only suitable way of rectifying the situation is for you to sign the docs and wait 2 weeks before driving the car unless you're willing to waive the cooling off period.

[AOK]

From the very beginning I have made it clear that my intention is to make the final payment and keep the car.

The car should have been registered as:

Mr AOK
c/o Vehicle finance company ltd
London Road
W1 1AA

(At the end of the agreement I would have made the final payment and they would have sent the logbook off to DVLA for "change of address" rather than "change of keeper" ... So I'd be the owner from first registration.

But due to an error it has been registered as:

Mr Totally Random-Name
c/o Vehicle finance company ltd
London Road
W1 1AA

So the only easy way for them to amend it is to send the incorrect logbook back to DVLA for a "change of keeper" ... Except I'm not keen on that as it means when I buy the car at the end it will unnecessarily be a 2 owner car.

I guess most people just hand the car back at the end (so don't care about the logbook status) as they can't seem to understand why I'm being so picky about the "zero previous owners" thing.

So the hope is that tomorrow the DVLA will be able to change the name without making it a new keeper.

Reading this back I realise how trivial my grievance sounds, but it was something I was adamant on and if I knew there was a risk of them cocking it up I would have just done a normal hp or taken a loan

[Vaud]

The dealer can write to the DVLA and correct the error with no impact on the number of owners.

[ModernAndy]

That's a bit of a different issue. It really depends on the DVLA procedures I think. The dealer will have as much control as you do I'd think

[AOK]

Note to add: car is perfect, exactly what I ordered and I do want to go ahead as long as they can sort the registration issue out.

But seems even if they can't, my right to cancel is gone!

[AOK]

Vaud said:

The dealer can write to the DVLA and correct the error with no impact on the number of owners.

Ah, ok. If that's the case then all is well. Relieved to hear that

So my particular issue aside, this "14 day delay" they enforce legally is acceptable I take it?

[Vaud]

The dealer can correct an error in their submission to the DVLA. There was a recent thread about it, I can't find it right now.

But corrections are allowed, if they follow the right process.

[Vaud]

AOK said:

So my particular issue aside, this "14 day delay" they enforce legally is acceptable I take it?

For clarity, I can't answer that one.

[agtlaw]

Assuming a distance sale, the 14 day "cooling off" period runs from date of receipt of the goods.

[AOK]

agtlaw said:

Assuming a distance sale, the 14 day "cooling off" period runs from date of receipt of the goods.

In that case they are sidestepping it as I haven't received the goods yet, but their clause reads as if my cooling off period has already ended.

[gtidreamer]

Its hard to think of a time this will matter at all, try not to worry about it and just enjoy your new car.

[AOK]

gtidreamer said:

Its hard to think of a time this will matter at all, try not to worry about it and just enjoy your new car.

I agree, and I will . And by the sounds of it they should be able to sort the error out easily.

I can totally see why they do that 14 day defer thing though... Imagine how many people must just exploit the cooling off period and return cars for ridiculous reasons.

Thanks for the advice all

[gtidriver]

My wife bought a BMW from a main dealer,as i spoke to the sales guy more than she did even though the finance and car was in her name the plum still registered it to me..it was rectified after a chat to the manager, i just sent the log book back to dvla and it came back with the correct details and no extra keepers.

[gtidriver]

My wife bought a BMW from a main dealer,as i spoke to the sales guy more than she did even though the finance and car was in her name the plum still registered it to me..it was rectified after a chat to the manager, i just sent the log book back to dvla and it came back with the correct details and no extra keepers.

[TVR1]

More to the point, if it is a PCH agreement, you have no option to purchase thecar at the end anyway. From what you say about how the car is being registered, you are not entering into a PCP that has an option to own and should be registered in your name and address from the start.

did you not sign an AFRL form before the car was registered? If not, it further indicates a PCH.

Edited by TVR1 on Thursday 3rd September 23:41

[johnfm]

AOK said:

gtidreamer said:

Its hard to think of a time this will matter at all, try not to worry about it and just enjoy your new car.

I agree, and I will . And by the sounds of it they should be able to sort the error out easily.

I can totally see why they do that 14 day defer thing though... Imagine how many people must just exploit the cooling off period and return cars for ridiculous reasons.

Thanks for the advice all

You can totally see how they are trying to defraud a customer and avoid their legal obligations?

You don't need ANY reason, ridiculous or otherwise, to exercise your right to cancel a distance or off premises contract (for those goods that are included in the regs). Businesses know the risks and if they sell over the hone or away form their premises they just need to suck it up and carry the risk of cancellation.

I'd run away from any dodgy company trying to tell me that the cooling off period expires before delivery - they're dodgy.

[TVR1]

AOK said:

"Please note your compulsory 14 day cooling off period will begin the day that you sign these documents, your vehicle will not be released until you have completed this period."


Cheers!

The cooling off period is for the finance, not the car. you haven't waived your long distance rights on the car (if it is indeed a long distance sale) as they are completely different rules.

[TVR1]

johnfm said:

You can totally see how they are trying to defraud a customer and avoid their legal obligations?

You don't need ANY reason, ridiculous or otherwise, to exercise your right to cancel a distance or off premises contract (for those goods that are included in the regs). Businesses know the risks and if they sell over the hone or away form their premises they just need to suck it up and carry the risk of cancellation.

I'd run away from any dodgy company trying to tell me that the cooling off period expires before delivery - they're dodgy.

The off premises contract rules changed quite a while ago BTW. Primarily because the old regulated/unregulated agreement rules changed dramatically after SECCE rules came in in 2011. And as posted above, the finance cooling off period WILL expire before delivery-the dar cooling off period won't. Although, i agree, thats a VERY naughty way of doing things. Starter for 10.....

Do you understand why the supplyer is not letting the OP take delivery before the 14 days?

Edited by TVR1 on Friday 4th September 00:07