Cancelling car order and distance selling regs..
Discussion
Any legal experts in the house?
I ordered a new car back in the summer, paid £1000 deposit and signed a T&Cs form along with the order which said non refundable deposit. I dealt with the main dealer on line by email and the odd phone call. I have never stepped into the dealership (250 miles from me). The car is a standard car, just metallic paint added, 4 months waiting list and probably one of the most sought after cars in its class.
Wind forward, 3 months. My circumstances have changed, I will be moving on from my job in the new year, lots of uncertainty therefore I decide not to proceed with car purchase to avoid taking on additional debt and higher payments (compared with current car)
I email the dealer to cancel, four days later he emails back and says the they are cancelling the car and that I have lost my deposit.
So, do I have any recourse throught the distance selling regs, now called something slightly different,, same protection applies?
Please no judgemental replies, if I have lost a grand, so be it, but if I can legally claim it back, I want to.
I ordered a new car back in the summer, paid £1000 deposit and signed a T&Cs form along with the order which said non refundable deposit. I dealt with the main dealer on line by email and the odd phone call. I have never stepped into the dealership (250 miles from me). The car is a standard car, just metallic paint added, 4 months waiting list and probably one of the most sought after cars in its class.
Wind forward, 3 months. My circumstances have changed, I will be moving on from my job in the new year, lots of uncertainty therefore I decide not to proceed with car purchase to avoid taking on additional debt and higher payments (compared with current car)
I email the dealer to cancel, four days later he emails back and says the they are cancelling the car and that I have lost my deposit.
So, do I have any recourse throught the distance selling regs, now called something slightly different,, same protection applies?
Please no judgemental replies, if I have lost a grand, so be it, but if I can legally claim it back, I want to.
I'm no legal expert but I do work in a field where this has come up in our company. I don't believe the distance selling regs help you here. You signed an agreement for a non refundable deposit new car purchase, therefore do not expect to get your money back, because you walked away. It wasn't as if they did something wrong. They are now likely lumbered with a car that will sit or they have to find a new buyer for, all of which can incur costs for them.
Distance selling regs have a short period of 'cooling off' from the moment of the initial order and also give you the right of rejection for a short period after receipt of goods. They are not designed to allow you to simply change your mind several months later.
Distance selling regs have a short period of 'cooling off' from the moment of the initial order and also give you the right of rejection for a short period after receipt of goods. They are not designed to allow you to simply change your mind several months later.
Edited by ManiacGT on Friday 26th September 15:13
Useful info here:
http://www.which.co.uk/consumer-rights/regulation/...
Cancellation has to be made within 14 days and doesn't apply to personalised items (which I'd assume a car in a specific colour would be).
http://www.which.co.uk/consumer-rights/regulation/...
Cancellation has to be made within 14 days and doesn't apply to personalised items (which I'd assume a car in a specific colour would be).
Better to call in a situation like this and explain, is it too late for that?
Distance selling is about 14 days cool down I think, so that is no good for you.
You could try and see if the contract has been breached by them in the timescale to provide the car.
If you paid by credit card you may have some recourse or insurance for changes in circumstances?
Otherwise, it looks like you have lost your money.
Really need to see the termination clause
Distance selling is about 14 days cool down I think, so that is no good for you.
You could try and see if the contract has been breached by them in the timescale to provide the car.
If you paid by credit card you may have some recourse or insurance for changes in circumstances?
Otherwise, it looks like you have lost your money.
Really need to see the termination clause
oilslick said:
Useful info here:
http://www.which.co.uk/consumer-rights/regulation/...
Cancellation has to be made within 14 days and doesn't apply to personalised items (which I'd assume a car in a specific colour would be).
14 days AFTER you receive it. I'm curuios as to why you would post a link to information you haven't understoond?http://www.which.co.uk/consumer-rights/regulation/...
Cancellation has to be made within 14 days and doesn't apply to personalised items (which I'd assume a car in a specific colour would be).
To Answer your question, yes you can Get your deposit back under these regulations.
AngryPartsBloke said:
14 days AFTER you receive it. I'm curuios as to why you would post a link to information you haven't understoond?
To Answer your question, yes you can Get your deposit back under these regulations.
Misread the first part, but I still fail to see how ordering a car in a particular colour wouldn't be personalised goods?To Answer your question, yes you can Get your deposit back under these regulations.
AngryPartsBloke said:
kambites said:
Surely that doesn't change the fact that it's "personalised goods" so the regs don't apply?
No, options you can choose on cars do not make the car an item "made to their personal specification" oilslick said:
AngryPartsBloke said:
14 days AFTER you receive it. I'm curuios as to why you would post a link to information you haven't understoond?
To Answer your question, yes you can Get your deposit back under these regulations.
Misread the first part, but I still fail to see how ordering a car in a particular colour wouldn't be personalised goods?To Answer your question, yes you can Get your deposit back under these regulations.
AngryPartsBloke said:
14 days AFTER you receive it. I'm curuios as to why you would post a link to information you haven't understoond?
To Answer your question, yes you can Get your deposit back under these regulations.
Its really not that clear cut I'm afraid.To Answer your question, yes you can Get your deposit back under these regulations.
http://www.tradingstandards.gov.uk/aberdeen/FAQ.HT...
EXCERPT:
I agreed to buy a car from a local dealer last week and put down a deposit of £100. I have now decided to buy a different car from another dealer so can I have my deposit back?
When you agreed to buy the car you entered a legally binding contract and you will be in breach of this contract if you decide not to go ahead with the purchase.
The courts would probably allow the dealer to keep the deposit for holding the car for you and not selling it to anyone else.
The dealer could also claim compensation from you if he has incurred any reasonable losses above the amount you left as a deposit.
Some useful replies thanks.
If this was a Ford Fiesta in pink with navigation and full leather I think they would be rightly pissed off as it would be impossible to sell. It is a large SUV , very popular, 4 months waiting list and they will sell this car in a heartbeat. Choosing paint doesn't personalise a car , it has to have paint!
I could actually take delivery of it, and return it two days later and say I don't like it, the dealer would be royally f
ked then as it becoms used and he would have to refund my money under the DSRs.
I emailed back to the dealer this morning, in a polite but firm manner.mthey have now yet had the courtesy to call me or email me back. As I say, if I am not legally able to have my money back, then so be it. But if legally I can, and the dealer would know, then I should get it back.
If this was a Ford Fiesta in pink with navigation and full leather I think they would be rightly pissed off as it would be impossible to sell. It is a large SUV , very popular, 4 months waiting list and they will sell this car in a heartbeat. Choosing paint doesn't personalise a car , it has to have paint!
I could actually take delivery of it, and return it two days later and say I don't like it, the dealer would be royally f
ked then as it becoms used and he would have to refund my money under the DSRs.I emailed back to the dealer this morning, in a polite but firm manner.mthey have now yet had the courtesy to call me or email me back. As I say, if I am not legally able to have my money back, then so be it. But if legally I can, and the dealer would know, then I should get it back.
ManiacGT said:
AngryPartsBloke said:
14 days AFTER you receive it. I'm curuios as to why you would post a link to information you haven't understoond?
To Answer your question, yes you can Get your deposit back under these regulations.
Its really not that clear cut I'm afraid.To Answer your question, yes you can Get your deposit back under these regulations.
http://www.tradingstandards.gov.uk/aberdeen/FAQ.HT...
EXCERPT:
I agreed to buy a car from a local dealer last week and put down a deposit of £100. I have now decided to buy a different car from another dealer so can I have my deposit back?
When you agreed to buy the car you entered a legally binding contract and you will be in breach of this contract if you decide not to go ahead with the purchase.
The courts would probably allow the dealer to keep the deposit for holding the car for you and not selling it to anyone else.
The dealer could also claim compensation from you if he has incurred any reasonable losses above the amount you left as a deposit.
Just read the reulations that apply, what you've linked does not apply.
Edited by AngryPartsBloke on Friday 26th September 15:58
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