14 DAY COOLING OFF PERIOD?

[Mojooo]

The distance selling rules apply when a contract is concluded.
It is irrelevant if/when something is signed
What matters is when there is a binding contract
You would need to look at the facts of each case and what was actually said/signed.

[Mark V GTD]

Trevor555 said:

No

He signed them online before he set foot in the dealership.

And was told to sign them again when at the dealership.

I would like to know if this little dealer trick cancels the distance sale.

He carried out part of the contract procedure, albeit re-signing, at the dealers premises as you point out. That’s why I think it cannot be considered a ‘distance sale’.

Edited by Mark V GTD on Saturday 26th March 21:12

[Dan W.]

Trevor555 said:

Mark V GTD said:

The difference here is that the OP has set foot in the dealership and signed papers there

Edited by Mark V GTD on Saturday 26th March 11:59

No

He signed them online before he set foot in the dealership.

And was told to sign them again when at the dealership.

I would like to know if this little dealer trick cancels the distance sale.

If the finance company paid out the finance from the docs he signed on the premises then yes, no longer a distance sale

[Trevor555]

Dan W. said:

Trevor555 said:

Mark V GTD said:

The difference here is that the OP has set foot in the dealership and signed papers there

Edited by Mark V GTD on Saturday 26th March 11:59

No

He signed them online before he set foot in the dealership.

And was told to sign them again when at the dealership.

I would like to know if this little dealer trick cancels the distance sale.

If the finance company paid out the finance from the docs he signed on the premises then yes, no longer a distance sale

I guess the only way the OP will find that out is if he raises a complaint with the FCA

[Japguy1989]

Trevor555 said:

Dan W. said:

Trevor555 said:

Mark V GTD said:

The difference here is that the OP has set foot in the dealership and signed papers there

Edited by Mark V GTD on Saturday 26th March 11:59

No

He signed them online before he set foot in the dealership.

And was told to sign them again when at the dealership.

I would like to know if this little dealer trick cancels the distance sale.

If the finance company paid out the finance from the docs he signed on the premises then yes, no longer a distance sale

I guess the only way the OP will find that out is if he raises a complaint with the FCA

My take on the situation is why is the OP chasing the dealer?

When the car belongs to lets say presumably (WVFS) & if they have said he can cancel i don't understand what the issue is unless we are missing something?

Irrelevant if he signed onsite or online the car don't belong to OP or the dealer!

[Dan W.]

Japguy1989 said:

Trevor555 said:

Dan W. said:

Trevor555 said:

Mark V GTD said:

The difference here is that the OP has set foot in the dealership and signed papers there

Edited by Mark V GTD on Saturday 26th March 11:59

No

He signed them online before he set foot in the dealership.

And was told to sign them again when at the dealership.

I would like to know if this little dealer trick cancels the distance sale.

If the finance company paid out the finance from the docs he signed on the premises then yes, no longer a distance sale

I guess the only way the OP will find that out is if he raises a complaint with the FCA

My take on the situation is why is the OP chasing the dealer?

When the car belongs to lets say presumably (WVFS) & if they have said he can cancel i don't understand what the issue is unless we are missing something?

Irrelevant if he signed onsite or online the car don't belong to OP or the dealer!

As mentioned a few times in earlier posts, we dont seem to have the full story i think.

[Japguy1989]

Dan W. said:

As mentioned a few times in earlier posts, we dont seem to have the full story i think.

Just breifly read the previous page seems like OP has contacted the finance house presumably (WVFS) who have comfirmed to
OP he can cancel via email.

My genuine advice to OP would be as follows:

stop using the vehicle & stop chasing the dealer as he has probably forgotten about you, they have nothing to do with it anymore it's irrelvant if you signed onsite/online if finance was paid out or not, distance sales etc all irrelvant if any monies was paid to him you can kiss that goodbye!

The matter is between you & (WVFS) as they own the car they have confirmed to you via email & phone that you can cancel it's a clear cut situation from where i stand chase the finance company
write a letter etc!

OP i have a feeling that you are a young adult (18/22) before making decisions think it THROUGH! learning curb kid take it as a lesson, if you need anyhelp PM me.

Simple.

[Mark V GTD]

I still want to know how the car was 'horrible'!

[Trevor555]

Mark V GTD said:

I still want to know how the car was 'horrible'!

I went into VW to see, and spec up, a T-Roc R for the missus.

Came to 47k with the options.

No way I could do it for a car with plastic door cards.

I thought the interior was awful for a car of that price.

Depends on what cars the OP's had before I guess

[sean ie3]

Would the last piece of paperwork signed at the dealer be that the vehicle is correct and as ordered.

[anonymous-user]

IIRC when I picked up (ironically enough) my Golf R lease from a VW dealer I needed to sign some collection paperwork but unfortunately it is long gone and I don't have the emails or contract any more as this was about five years ago.

To those talking about dealer tricks etc, remember this is a PCH agreement. The rules on distance selling are not the same for PCH.

The odds on us ever finding out what happened are unfortunately effectively zero. If we were ever going to get the information needed to help, I can't help thinking we already would have done by now.

[wizzakid88]

charltjr said:

IIRC when I picked up (ironically enough) my Golf R lease from a VW dealer I needed to sign some collection paperwork but unfortunately it is long gone and I don't have the emails or contract any more as this was about five years ago.

To those talking about dealer tricks etc, remember this is a PCH agreement. The rules on distance selling are not the same for PCH.

The odds on us ever finding out what happened are unfortunately effectively zero. If we were ever going to get the information needed to help, I can't help thinking we already would have done by now.

Facts!

• car was ordered last year left a deposit with the dealer (was told this would be handed back to me in 5 days when the car arrived
which never happend, have emails to confirm! dealer has literally stole the deposit not a small sum either!

• all relevant docs was signed online etc finance house checked the docs and confirmed so i assume they would have paid out then!

• finance house has confirmed that i can cancel failed to send out relevant docs ( although have emails confirming i can cancel)

• the rest you already know

• matter is ongoing & currently seeking legal advice.

Edited by wizzakid88 on Monday 28th March 23:50

Edited by wizzakid88 on Tuesday 29th March 00:08

Edited by wizzakid88 on Tuesday 29th March 00:30

[wizzakid88]

Mark V GTD said:

I still want to know how the car was 'horrible'!

I think we have already established that!

Edited by wizzakid88 on Tuesday 29th March 00:03

[wizzakid88]

Trevor555 said:

I went into VW to see, and spec up, a T-Roc R for the missus.

Came to 47k with the options.

No way I could do it for a car with plastic door cards.

I thought the interior was awful for a car of that price.

Depends on what cars the OP's had before I guess

i can agree to that sir

Edited by wizzakid88 on Tuesday 29th March 00:24

[wizzakid88]

Japguy1989 said:

Just breifly read the previous page seems like OP has contacted the finance house presumably (WVFS) who have comfirmed to
OP he can cancel via email.

My genuine advice to OP would be as follows:

stop using the vehicle & stop chasing the dealer as he has probably forgotten about you, they have nothing to do with it anymore it's irrelvant if you signed onsite/online if finance was paid out or not, distance sales etc all irrelvant if any monies was paid to him you can kiss that goodbye!

The matter is between you & (WVFS) as they own the car they have confirmed to you via email & phone that you can cancel it's a clear cut situation from where i stand chase the finance company
write a letter etc!

OP i have a feeling that you are a young adult (18/22) before making decisions think it THROUGH! learning curb kid take it as a lesson, if you need anyhelp PM me.

Simple.

Appreciate the advice sir!

[wizzakid88]

Trevor555 said:

I guess the only way the OP will find that out is if he raises a complaint with the FCA

Do you think the FCA would be relevant in this scenario?

[wizzakid88]

Trevor555 said:

Mark V GTD said:

I still want to know how the car was 'horrible'!

I went into VW to see, and spec up, a T-Roc R for the missus.

Came to 47k with the options.

No way I could do it for a car with plastic door cards.

I thought the interior was awful for a car of that price.

Depends on what cars the OP's had before I guess

Think you have solved the previous question sir!

[CSLM3CSL]

What specifically do the finance company say you can do in terms of cancelling the agreement? Cancelling the agreement could mean a number of things such as:
1) Cancelling that PCH and finding another way to fund the car.
2) Returning the car to the dealer subject to their consent and unwinding the deal
3) Returning the car to the finance company and unwinding the deal.

[wizzakid88]

CSLM3CSL said:

What specifically do the finance company say you can do in terms of cancelling the agreement? Cancelling the agreement could mean a number of things such as:
1) Cancelling that PCH and finding another way to fund the car.
2) Returning the car to the dealer subject to their consent and unwinding the deal
3) Returning the car to the finance company and unwinding the deal.

The car don't belong to the dealer nor me, it belongs to the finance house, they have mentioned that i can cancel the agreement i would assume it would go back to them meaning unwinding the deal

[anonymous-user]

OK, so we have progressed.

OP, you say you sorted out the finance a long time before delivery. This really matters, because in a PCH/lease agreement the 14 day cooling off period starts from the point at which both parties have signed the lease agreement.

I don’t understand using a solicitor over a basic consumer rights issue? This should be a black and white “you can cancel under cooling off rules or not” issue. It would be good to understand what your solicitor is doing and why.

You say things like the finance house has mentioned you can cancel, but that doesn’t help to clear things up because you can cancel a PCH agreement at any point but not without paying to get out of it.

You have the paperwork so exactly what does your contract say about the cooling off period?

What agreements were signed and on what date?

Exactly what has the finance house said to you?

There are people here who have experience of doing exactly what you are trying to do so should be able to help without you needing to spend money on a solicitor, but the specifics really matter.