Looking for advice - Potential Lease Order Cancellation
Looking for advice - Potential Lease Order Cancellation
Author
Discussion

ED209

6,016 posts

273 months

Thursday 15th August 2019
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Do distance selling regs not cover it? 14 day cooling off/cancellation period?

Pmacca

25 posts

122 months

Friday 16th August 2019
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Currently going through this myself but unfortunately can’t provide a conclusive answer.

Many of the brokers have a cancellation policy which is clear on their website and allow you to cancel without charge within the 14 day cooling off period. Others are more vague or not as visible.

The one I’m currently dealing with had charges written into the order form of £499 + Vat and I could not cancel without charge. Wording like “You may be able to cancel in the cooling off period” makes it a tad unclear.

Quite why this seems to be a grey area for consumers when it comes to distance selling confuses me. Particularly as it’s an expensive purchase. I understand the broker may have done a bit of work for you but charges upwards of £900 (In my case) is surely exaggerated and profit gathering rather than covering costs.


Joelonghair

280 posts

101 months

Friday 16th August 2019
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As I understand it from a brief read of the regs is that under the Consumer Contracts Regulations you:

- Do have the right to cancel within 14 days (provided contact was by phone / internet and not in person)

- The contract you entered into will determine what, if any, fees you are liable for for cancelling the agreement.

If there are fees plainly present in the agreement you signed relating to early cancellation then you are liable for them. You can still cancel, but have to pay for it. If said fees are not mentioned in the agreement you signed then they are unenforcible.

Sheepshanks

40,876 posts

148 months

Friday 16th August 2019
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Does the contract allow the broker to cancel without penalty? If so, you might have an argument under the unfair contract regulations that the contract isn’t balanced.

ukmoto

47 posts

93 months

Friday 1st November 2019
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Sorry to bump an old post but I’m also having. The same issue.

Haven’t signed the hire/lease agreement, but have a paid a fee to a broker for a car that I have found cheaper elsewhere.

The terms and conditions on broker website talks about cancelling and having to pay hundreds of pounds but from what I can see, I have 14 days to cancel without penalty - and I should also get moneies paid back. But what to do when the T&Cs go against this?