14 DAY COOLING OFF PERIOD?
Discussion
Hi
need some genuine advice/help regarding my consumer rights and the 14 day cooling off period, the whole deal was done online paid deposit etc online ,signed docs online, went to go and pick the car up and was told to sign documents again under duress I signed them now I am being told I am not able to cancel the lease as I am not a regulated customer, but when speaking to the finance house they have come back with that the dealer has made a mistake on the forms and that I am within my rights to cancel in 14 days fast forward today the dealership general sales manager has called me saying that I am not a regulated customer and I won't be able to cancel the lease and that the finance house advisors are low level and don't know what they are talking about ?!
any help or suggestions would be much appreciated it ?
need some genuine advice/help regarding my consumer rights and the 14 day cooling off period, the whole deal was done online paid deposit etc online ,signed docs online, went to go and pick the car up and was told to sign documents again under duress I signed them now I am being told I am not able to cancel the lease as I am not a regulated customer, but when speaking to the finance house they have come back with that the dealer has made a mistake on the forms and that I am within my rights to cancel in 14 days fast forward today the dealership general sales manager has called me saying that I am not a regulated customer and I won't be able to cancel the lease and that the finance house advisors are low level and don't know what they are talking about ?!
any help or suggestions would be much appreciated it ?
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.
Save Ferris said:
What we are trying to establish is whether he has any distance selling rights. The method of funding is not important, but when it was fully paid is crucial.
In this scenario it is still unclear if it was fully paid before he collected it.
The whole deal was concluded online, deposit paid from my side etc all online, it's a PCH lease car In this scenario it is still unclear if it was fully paid before he collected it.
Aunty Pasty said:
Yes that's fair enough. It's irritating that the OP responds but seems to avoid answering the questions that yourself and several others have put forward.
Just to add, the car belongs to the finance house several customer service advisors have mentioned i can cancel have this in writing from them too. Trevor555 said:
wizzakid88 said:
Aunty Pasty said:
Yes that's fair enough. It's irritating that the OP responds but seems to avoid answering the questions that yourself and several others have put forward.
Just to add, the car belongs to the finance house several customer service advisors have mentioned i can cancel have this in writing from them too. If the dealer refuses, raise a complaint to the FCA
That will very much get the attention of the dealer principal, dealer finance manager, and your finance company.
Save Ferris said:
You have made this virtually impossible for any of us to offer any practical advice, we ask questions, you choose not to answer, and go off at tangents.
Many of us either have first hand experience of PCH as a consumer, have experience of rejecting a car, or are in the motor trade, but without the facts, we can’t offer any help.
sorry was at work and trying my best to try and reply to everyone what would you like to know? Many of us either have first hand experience of PCH as a consumer, have experience of rejecting a car, or are in the motor trade, but without the facts, we can’t offer any help.
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! 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.
• 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
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 sirCame 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
Edited by wizzakid88 on Tuesday 29th March 00:24
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!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.
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
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 deal1) 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.
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
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