14 DAY COOLING OFF PERIOD?

[wizzakid88]

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 ?

[CoolHands]

Why do you want to cancel

[wizzakid88]

CoolHands said:

Why do you want to cancel

the car is horrible, there was no way in me going to a dealer and looking at the car because they was none in stock!

[CoolHands]

I would’ve thought you’re protected no matter what the dealer says.

[Trevor555]

My genuine advice is to call Citizens advice rather than ask on here.

14 days right to return for a distance sale is for consumers, I presume it's not a business purchase? Car registered in a business name? Or private individual?

If you ordered the car online, and paid for it online before you saw it, then I'd imagine you qualify for the distance sale return if you're a consumer rather than a business.

If Citizens advice say you can return it, and the dealer still says no, then raise a complaint with the finance company and await their reply.

If that gets you nowhere then raise a complaint with the FCA (Financial conduct authority)

If you're returning the car then I'd advise you to stop using it.

Also, if the dealer didn't make you aware of your consumer rights to be able to return the car for a distance sale, then the 14 days extends until they do, up to 12 months I believe.

Edited by Trevor555 on Wednesday 16th March 20:25

Edited by Trevor555 on Wednesday 16th March 20:25

[Trevor555]

wizzakid88 said:

Hi

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 ?!

They must have said why they felt you're not a regulated customer.

[The Rotrex Kid]

You’re getting all kinds of things mixed up.

14 day cooling off period - for HP/PCP agreements, you can withdraw from the finance agreement but not the agreement to buy the car, you just have to pay the finance company their money.

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.

Regulated/unregulated - will affect the finance cooling off period and some other consumer rights, but normally unregulated agreements are for business customers, are you a business customer or a private buyer?

[shake n bake]

wizzakid88 said:

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 ?

Did you buy the vehicle in your name or a business name?

If you picked the car up then it is not classed as a distance sale anymore.

[Trevor555]

shake n bake said:

If you picked the car up then it is not classed as a distance sale anymore.

Are you 100% on this?

I've been led to believe that if the car's paid for in advance of collecting it then distance sale applies.

[chimp3]

If paperwork is signed at the dealership then distance selling regs don't apply, see here:

https://www.themotorombudsman.org/distance-sales-f...

[Trevor555]

chimp3 said:

If paperwork is signed at the dealership then distance selling regs don't apply, see here:

https://www.themotorombudsman.org/distance-sales-f...

Thanks for posting that.

"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"

The OP signed the finance online before visiting the dealership.

The dealer made them sign it again when he picked the car up.

Does this over ride the fact he signed it already beforehand? I wouldn't have thought so. I'm sure the ombudsman is aware of these little dealer tricks.

Edited by Trevor555 on Thursday 17th March 08:14

[ComStrike]

I've just picked up my washing machine that i ordered online from Currys, the girl made me sign some paperwork in store when i collected it
I've since washed four loads of washing but the machine is frankly rubbish. I just dont like the way it spins & how it looks
I WANT TO RETURN THIS & HAVE ALL MY MONEY BACK PRONTO


Oh what a fickle world we live in, Suck it up OP. You've raged into a car & now your mummy doesnt like it. Car franchises arent public services

[mickyh7]

wizzakid88 said:

the car is horrible, there was no way in me going to a dealer and looking at the car because they was none in stock!

Why didn't you Google the car, read reviews etc?
What's horrible,? The colour, the aesthetics the interior?
This all sounds like you've jumped in and now have regrets.

[anonymous-user]

This isn't a sale, looking at the OP's other posts they have entered into a PCH agreement on a Golf R and want out because they "don't like it".

Cooling off periods in a PCH agreement start from the point the agreement is signed by both parties, not from the point of collection.

[Dan W.]

You need to keep on at the finance company, The garage are not going to be too fussed about helping you when its a PCH Deal.

They earn very little usually from PCH so thats maybe why they cant be arsed helping

[ED209]

I think the lesson here is don’t order a car without test driving it to ensure you like it.


I have done this for my last three cars but I understand that if I don’t like it then it’s my problem and nobody else’s.

[Thecomicguy]

Trevor555 said:

chimp3 said:

If paperwork is signed at the dealership then distance selling regs don't apply, see here:

https://www.themotorombudsman.org/distance-sales-f...

Thanks for posting that.

"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"

The OP signed the finance online before visiting the dealership.

The dealer made them sign it again when he picked the car up.

Does this over ride the fact he signed it already beforehand? I wouldn't have thought so. I'm sure the ombudsman is aware of these little dealer tricks.

Edited by Trevor555 on Thursday 17th March 08:14

Exactly my thoughts on the matter have mentioned to the OP to stand firm & not allow anyone to try & bully there way in saying he is binded by the contract he signed onsite sleezy general sales manager!

[Thecomicguy]

ED209 said:

I think the lesson here is don’t order a car without test driving it to ensure you like it.


I have done this for my last three cars but I understand that if I don’t like it then it’s my problem and nobody else’s.

OP has mentioned on another forum that there was no other cars to test drive etc due to the semi conductor chip shortage, even if there was i am sure dealers would'nt allow them to test drive as they would be selling cars at a huge PROFIT!

[oilslick]

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?

[anonymous-user]

OP you signed paperwork at the dealership, that is not just picking the car up.

Unless the car develops a fault within the first 30 days, you unfortunately (or fortunately) own a new car to you. Next time have the car delivered if you want to use the 14 day consumer rights act.