14 DAY COOLING OFF PERIOD?
Discussion
charltjr said:
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.
This seems to be one of those threads where the OP has asked for help, then decided to drip feed us information but never really covering the full story and just sporadically answering the odd posters question. 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.
One thing which does seem odd they said the dealer has stolen the deposit which seems strange. Would the deposit be used to secure the car at the dealer but also then be removed from the total amount of the PCH deal?
Challo said:
charltjr said:
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.
This seems to be one of those threads where the OP has asked for help, then decided to drip feed us information but never really covering the full story and just sporadically answering the odd posters question. 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.
One thing which does seem odd they said the dealer has stolen the deposit which seems strange. Would the deposit be used to secure the car at the dealer but also then be removed from the total amount of the PCH deal?
With the issues with the OP, They may just be dragging it out on purpose
Challo said:
One thing which does seem odd they said the dealer has stolen the deposit which seems strange. Would the deposit be used to secure the car at the dealer but also then be removed from the total amount of the PCH deal?
Usually, yes. You don't pay a deposit as such on a PCH, but there is usually a first rental which is the equal of 3, 6, 9 or 12 months of payment and any advance payment often goes towards that. 
Challo said:
charltjr said:
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.
This seems to be one of those threads where the OP has asked for help, then decided to drip feed us information but never really covering the full story and just sporadically answering the odd posters question. 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.
One thing which does seem odd they said the dealer has stolen the deposit which seems strange. Would the deposit be used to secure the car at the dealer but also then be removed from the total amount of the PCH deal?
The finance house said i can cancel the whole agreement (handing the car back to them).
The agreement was signed way before the car had arrived!
Regarding the 14 day cooling off period how does that work when i never recieved the goods don't make sense ?
Edited by wizzakid88 on Wednesday 30th March 19:26
Dan W. said:
Challo said:
charltjr said:
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.
This seems to be one of those threads where the OP has asked for help, then decided to drip feed us information but never really covering the full story and just sporadically answering the odd posters question. 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.
One thing which does seem odd they said the dealer has stolen the deposit which seems strange. Would the deposit be used to secure the car at the dealer but also then be removed from the total amount of the PCH deal?
With the issues with the OP, They may just be dragging it out on purpose
wizzakid88 said:
The agreement was signed way before the car had arrived!
Regarding the 14 day cooling off period how does that work when i never recieved the goods don't make sense ?
The dealer shouldn’t have taken a deposit from you and certainly not claim it could be used towards the initial/first payment that VWFS will take automatically as per the contract docs. That they have is something you’ll have to hassle the dealer for return of, assume the dealer gave you a receipt and didn’t do something silly (for them) like put your order on a new car sale form? Regarding the 14 day cooling off period how does that work when i never recieved the goods don't make sense ?
Edited by wizzakid88 on Wednesday 30th March 19:26
You’ll find the car is defined as a service not goods in the regulated contract agreement with VWFS. This how all the lessors draft contract hire agreements.
You’ve not bought goods under a contract of sale but rented a something (a car) for X months under a contract of service.
The relevant bits of act are section 29 and 30 clause 1 and 2. The car being a service rather than goods knocks clauses 3/4/5 of section 30 out.
https://www.legislation.gov.uk/uksi/2013/3134/regu...
https://www.legislation.gov.uk/uksi/2013/3134/regu...
Your agreement will probably reference the consumer credit act 1974 if which clause 68 covers cooling off periods. https://www.legislation.gov.uk/ukpga/1974/39/secti...
b0rk said:
wizzakid88 said:
The agreement was signed way before the car had arrived!
Regarding the 14 day cooling off period how does that work when i never recieved the goods don't make sense ?
The dealer shouldn’t have taken a deposit from you and certainly not claim it could be used towards the initial/first payment that VWFS will take automatically as per the contract docs. That they have is something you’ll have to hassle the dealer for return of, assume the dealer gave you a receipt and didn’t do something silly (for them) like put your order on a new car sale form? Regarding the 14 day cooling off period how does that work when i never recieved the goods don't make sense ?
Edited by wizzakid88 on Wednesday 30th March 19:26
You’ll find the car is defined as a service not goods in the regulated contract agreement with VWFS. This how all the lessors draft contract hire agreements.
You’ve not bought goods under a contract of sale but rented a something (a car) for X months under a contract of service.
The relevant bits of act are section 29 and 30 clause 1 and 2. The car being a service rather than goods knocks clauses 3/4/5 of section 30 out.
https://www.legislation.gov.uk/uksi/2013/3134/regu...
https://www.legislation.gov.uk/uksi/2013/3134/regu...
Your agreement will probably reference the consumer credit act 1974 if which clause 68 covers cooling off periods. https://www.legislation.gov.uk/ukpga/1974/39/secti...
the 14 day cooling off period does that include sat/sun too ?
Edited by wizzakid88 on Wednesday 30th March 20:47
It’s calendar days and as I told you on the other thread weeks ago VWFS have a discretionary scheme to allow exit within the first few days of a PCH.
You’ll not be “cooling off” but voluntarily terminating early. There is a difference in terms of what your rights are (and aren’t).
They state all this in the agreement terms and again in post collection welcome letter. Received that yet? Copy of the welcome letter should also be on the VWFS portal for your agreement under my documents.
You’ll not be “cooling off” but voluntarily terminating early. There is a difference in terms of what your rights are (and aren’t).
They state all this in the agreement terms and again in post collection welcome letter. Received that yet? Copy of the welcome letter should also be on the VWFS portal for your agreement under my documents.
b0rk said:
It’s calendar days and as I told you on the other thread weeks ago VWFS have a discretionary scheme to allow exit within the first few days of a PCH.
You’ll not be “cooling off” but voluntarily terminating early. There is a difference in terms of what your rights are (and aren’t).
They state all this in the agreement terms and again in post collection welcome letter. Received that yet? Copy of the welcome letter should also be on the VWFS portal for your agreement under my documents.
Nope not recieved any welcome pack which was sent out to me three times apparently, i ordered something online which i managed to get in 3 days! They have said that i can't get it via email as it's too "BIG" You’ll not be “cooling off” but voluntarily terminating early. There is a difference in terms of what your rights are (and aren’t).
They state all this in the agreement terms and again in post collection welcome letter. Received that yet? Copy of the welcome letter should also be on the VWFS portal for your agreement under my documents.
You should be able to get at the documentation online via the VWFS portal. VWFS should be able to help you with your login details if you need help setting them up.
https://myvwfinance.vwfs.co.uk/
https://myvwfinance.vwfs.co.uk/
charltjr said:
You should be able to get at the documentation online via the VWFS portal. VWFS should be able to help you with your login details if you need help setting them up.
https://myvwfinance.vwfs.co.uk/
Strange have tried this, just comes up with an error saying they can't find any contracts? https://myvwfinance.vwfs.co.uk/
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