14 DAY COOLING OFF PERIOD?
Discussion
oilslick said:
Thecomicguy said:
I don't think the OP has posted the full story on here as they have on another forum OP is a Personal customer not a business customer , theres a missing £2K deposit which was paid to the dealer which should have been returned to OP within 7 days which was not, so the intial rental could not go out,which is already a breach of contract, the car belongs to the finance house not the dealer as it's PCH and they have agreed with OP via email & phone that the agreement is cancellable i'm sure all calls are recorded etc!
I am no lawyer myself but do have some insight into certain regulations etc surley the dealer is in breach of unfair trade contracts mis leading omissions etc ?
Regarding the motorombudsman i agree with the other poster as the deal was originally concluded online with distance sales etc so OP should be able to cancel
Is it just a coincidence that you and the OP both have similar posting styles and put a space before your question marks?I am no lawyer myself but do have some insight into certain regulations etc surley the dealer is in breach of unfair trade contracts mis leading omissions etc ?
Regarding the motorombudsman i agree with the other poster as the deal was originally concluded online with distance sales etc so OP should be able to cancel
(some people just put spaces there sometimes, me included)
I'm going to go and check my Driveway for a Golf R now
Trevor555 said:
Mr Spoon said:
OP you signed paperwork at the dealership, that is not just picking the car up.
OP signed the finance online before he picked the car up, so he tells us.He was then made to sign it again at the dealership.
OP did you contact Citizens advice???
Mr Spoon said:
Trevor555 said:
Mr Spoon said:
OP you signed paperwork at the dealership, that is not just picking the car up.
OP signed the finance online before he picked the car up, so he tells us.He was then made to sign it again at the dealership.
OP did you contact Citizens advice???
Can a dealer get out of the distance sale that easily?
If the OP signed the finance online he'll easily be able to prove that, it'll all be on his emails.
Trevor555 said:
Mr Spoon said:
Trevor555 said:
Mr Spoon said:
OP you signed paperwork at the dealership, that is not just picking the car up.
OP signed the finance online before he picked the car up, so he tells us.He was then made to sign it again at the dealership.
OP did you contact Citizens advice???
Can a dealer get out of the distance sale that easily?
If the OP signed the finance online he'll easily be able to prove that, it'll all be on his emails.
Mr Spoon said:
"As you have had contact with the seller on their premises during the process of finalising your purchase, the additional right to cancel your purchase within 14 days given by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply. "
What will be key, and is not clear in this scenario, is if it was fully paid out on finance, before the visit to collect, if it was it’s a distance sale. My guess is that it was, and the final signatures were for compliance (TCF)From the same source:
“However, if you have ordered the car, signed all of the relevant documentation and paid for it completely at a distance, normally online, this will count as a distance sale even if you then go and collect the vehicle from the showroom.”
Either way, the dealer isn’t being particularly professional, or we are not hearing the whole story.
Save Ferris said:
The Rotrex Kid said:
Distance selling rules - 14 days to return a car, but as you collected it in person, you are not covered by these, regardless of when/where you signed finance documents
This is not correct. If the car was paid out in full, before collection, it’s a distance sale.
OP is still done for, he signed docs at the showroom so it’s not a distance sale.
The Rotrex Kid said:
Fair enough, I was incorrect.
OP is still done for, he signed docs at the showroom so it’s not a distance sale.
….but he’s signed them twice, once remotely, once on site. Perhaps a re-sign as they couldn’t get pay out? OP is still done for, he signed docs at the showroom so it’s not a distance sale.
Or perhaps it was just the final part of their FCA compliance he was signing?
This particular scenario isn’t clear cut, that’s for sure!
Does it make a difference when the OP signed the finance agreement and when they picked up the car?
If the agreement was signed a few weeks prior to collecting the car, when does the 14 days period begin? Also its not clear how long has passed between the OP collecting the car and now wanting to cancel?
I get the feeling the OP has regrets about ordering a Golf R and realised as its a PCH they are stuck with the car for years.
If the agreement was signed a few weeks prior to collecting the car, when does the 14 days period begin? Also its not clear how long has passed between the OP collecting the car and now wanting to cancel?
I get the feeling the OP has regrets about ordering a Golf R and realised as its a PCH they are stuck with the car for years.
Save Ferris said:
What will be key, and is not clear in this scenario, is if it was fully paid out on finance, before the visit to collect, if it was it’s a distance sale. My guess is that it was, and the final signatures were for compliance (TCF)
From the same source:
“However, if you have ordered the car, signed all of the relevant documentation and paid for it completely at a distance, normally online, this will count as a distance sale even if you then go and collect the vehicle from the showroom.”
Either way, the dealer isn’t being particularly professional, or we are not hearing the whole story.
dealer is definitely not professional not to mention the General Sales Manger, this is the whole story nothing more to it nothing less From the same source:
“However, if you have ordered the car, signed all of the relevant documentation and paid for it completely at a distance, normally online, this will count as a distance sale even if you then go and collect the vehicle from the showroom.”
Either way, the dealer isn’t being particularly professional, or we are not hearing the whole story.
Challo said:
Does it make a difference when the OP signed the finance agreement and when they picked up the car?
If the agreement was signed a few weeks prior to collecting the car, when does the 14 days period begin? Also its not clear how long has passed between the OP collecting the car and now wanting to cancel?
I get the feeling the OP has regrets about ordering a Golf R and realised as its a PCH they are stuck with the car for years.
a few days after collecting the car I mentioned to the dealer I would like to exercise my right to the 14 day cooling off period If the agreement was signed a few weeks prior to collecting the car, when does the 14 days period begin? Also its not clear how long has passed between the OP collecting the car and now wanting to cancel?
I get the feeling the OP has regrets about ordering a Golf R and realised as its a PCH they are stuck with the car for years.
wizzakid88 said:
Challo said:
Does it make a difference when the OP signed the finance agreement and when they picked up the car?
If the agreement was signed a few weeks prior to collecting the car, when does the 14 days period begin? Also its not clear how long has passed between the OP collecting the car and now wanting to cancel?
I get the feeling the OP has regrets about ordering a Golf R and realised as its a PCH they are stuck with the car for years.
a few days after collecting the car I mentioned to the dealer I would like to exercise my right to the 14 day cooling off period If the agreement was signed a few weeks prior to collecting the car, when does the 14 days period begin? Also its not clear how long has passed between the OP collecting the car and now wanting to cancel?
I get the feeling the OP has regrets about ordering a Golf R and realised as its a PCH they are stuck with the car for years.
Do you think they got you to resign the docs on premise just so you couldnt hand back the car ?
wizzakid88 said:
a few days after collecting the car I mentioned to the dealer I would like to exercise my right to the 14 day cooling off period
Are you referring to your 14 day right to cancel the finance, and pay outright?Or your distance sale rights? If it is indeed classed a distance sale.
Did you sign the finance documents twice, once online, and again at the dealer? If so, why?
Was the car bought in a company name?
Is it on HP/PCP/PCH?
This is why distance sales are a nightmare, At our garage we wont even entertain them.
Customer has to be on site at some stage before or at handover, Risks are not worth it.
If OP hadnt been on site at some stage before collection I can see why they got him to resign and cover themselves.
F
Customer has to be on site at some stage before or at handover, Risks are not worth it.
If OP hadnt been on site at some stage before collection I can see why they got him to resign and cover themselves.
F
Gassing Station | Car Buying | Top of Page | What's New | My Stuff