Cancelling A Car (Odd Situation)

Cancelling A Car (Odd Situation)

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Discussion

crankshaft89

Original Poster:

5 posts

85 months

Tuesday 17th April 2018
quotequote all
Hey sorry, this is my first post but I've been stalking this forum for years.

I wondered if people could chime in on their opinion of a situation I've found myself in.

So a few months ago I got myself all worked up over a car and ended up ordering it through carwow as it was significantly discounted and felt like a really good deal. I called up the dealership and they took my details over the phone and did a credit check for the PCP. I only spoke to them the once and they said they would send the paperwork for me to sign to confirm the build.

Pretty much straight away I had second thoughts about what I had done. Since I hadn't signed any paperwork I thought well I'll have a few days to change my mind, but then the paperwork never came (I suspect they might have got my email address wrong as the spelling isn't easy) The dealership never called again to chase up the paperwork and I kinda thought well no harm done.

I just received a call yesterday to say my new car is ready when do I want to collect it. My heart sank and I'm not sure what to do. Its a very expensive car. It's a custom build order and although it isn't green, I did spec pretty much everything on the car so it isn't going to be the easiest vehicle for them to sell. It's also a 3-litre diesel and the options pushed it over £40k

What should I do? I haven't signed or even seen any paperwork for the car but at the same time, I did order the car.

99dndd

2,149 posts

102 months

Tuesday 17th April 2018
quotequote all
You probably should have told the dealership as soon as you had doubts.

Best thing to do is to call them and let them know you've changed your mind. There'll probably be some kind of penalty, loss of deposit most likely.

Out of interest, what's the car?

akirk

5,771 posts

127 months

Tuesday 17th April 2018
quotequote all
If you have had no paperwork / no further contact from the dealer / never signed anything, then it is pretty strange that they would order it...
so,
"Dear Mr Dealer,
surprised to hear this, but when I heard nothing further from you, I assumed you were not interested in my business, so have made other arrangements
all the best
Surprised Buyer"

but does sound very strange, I though that no order would be placed unless they had your signature - are you sure you didn't sign anything at all?!
No deposit paid - nothing?!
Legally then, you might have shown an intent to proceed with the order, but haven't entered into it contractually - but IANAL etc.

Nickp82

3,544 posts

106 months

Tuesday 17th April 2018
quotequote all
Yup, just be honest and upfront. Dealerships deal with cancellations regularly so whilst they will may well be a bit grumpy about it, they will soon get over it.

With regard to your deposit, if you have never set foot in the dealership then it is a 'Distance Sale' so you have a right to cancel without penalty iirc - happy to be corrected though.

hashtag

1,116 posts

167 months

Tuesday 17th April 2018
quotequote all
Did you pay a deposit?

crankshaft89

Original Poster:

5 posts

85 months

Tuesday 17th April 2018
quotequote all
Yes, paid a £500 deposit over the phone on the initial call, which I pretty much wrote off for being a dumbass. I thought maybe they would eventually return it to me if the car purchase didn't complete.

It's a Mercedes GLC 350d

I've not visited the dealership as it is on the other side of the country and I haven't received anything from them either by post or via email.

I'm an idiot basically and I get anxious speaking to people. I don't really know how I manage to get through life.

Edited by crankshaft89 on Tuesday 17th April 11:10

Sheepshanks

36,592 posts

132 months

Tuesday 17th April 2018
quotequote all
akirk said:
...."Dear Mr Dealer,
surprised to hear this, but when I heard nothing further from you, I assumed you were not interested in my business, so have made other arrangements
all the best
Surprised Buyer"
Plus "Thanks for the reminder that you owe me £500 - please refund it at your earliest convenience."

RowanF

72 posts

173 months

Tuesday 17th April 2018
quotequote all
crankshaft89 said:
Yes, paid a £500 deposit over the phone on the initial call, which I pretty much wrote off for being a dumbass. I thought maybe they would eventually return it to me if the car purchase didn't complete.

It's a Mercedes GLC 350d

I've not visited the dealership as it is on the other side of the country and I haven't received anything from them either by post or via email.

I'm an idiot basically and I get anxious speaking to people. I don't really know how I manage to get through life.

Edited by crankshaft89 on Tuesday 17th April 11:10
If the facts are as you've described, I think our fellow forum users have hit the nail on the head...

You haven't heard from them, haven't signed a contract, pretty much assumed they hadn't ordered it for you, and it's a distance sale so your deposit needs returning. Don't bear yourself up because you get anxious and this situation has heightened your stress levels, it's not your fault my friend.

counterofbeans

1,071 posts

152 months

Tuesday 17th April 2018
quotequote all
Hard to believe any dealer would process a £40k custom build order without paperwork.

But if they did it's their problem. Get your deposit back.

Sheepshanks

36,592 posts

132 months

Tuesday 17th April 2018
quotequote all
I thought dealers were making people sign waivers on GLC's anyway due to the crabbing issue as so many were being rejected?

SmoothCriminal

5,393 posts

212 months

Tuesday 17th April 2018
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I thought the school holidays had finished.

culpz

4,943 posts

125 months

Tuesday 17th April 2018
quotequote all
I actually got like this before i received my latest lease car. I was going to buy something cheap and start saving some money but i was constantly going back and forth with the idea. I was told i could cancel my order right up until the delivery date, but the broker would keep my £250 fee.

I actually ended up getting myself worked up on the weekend before that it was due to be delivered to me, as i was constantly worrying about what other car i'd get in a short space of time at a very specific budget. I'd not been like this before in either of my two previous leases.

In the end, i just went for the lease and i do love the car. While i probably should have done the sensible thing, it was causing much more panic and stress and i could also justify it anyway. I'll probably just make this my last one and get sommat cheap when this goes back.

Like you, i can also get quite anxious at times. What is the reason why you went for the car in the first place? If you can justify it and comfortable afford it, like i managed to, you can make sense by using some man-maths. It could be a mistake NOT to go for the car, is what i'm saying.

Either way, you've still got options and the right to cancel. Just try and not work yourself up too much over either decision. Life's too short!

crankshaft89

Original Poster:

5 posts

85 months

Tuesday 17th April 2018
quotequote all
I still feel pretty bad about the situation but I feel better that people think its the dealer's fault for still ordering the car without the paperwork.

I don't know anything about a crabbing issue but I've just done an internet search and found a bunch of information about it. It sounds like a lot of complaints! Maybe I understand why the car was discounted by nearly £10k off the list price. I had already changed my mind about it due to the cost but now I've seen this I want the car even less.

Ed/L152

494 posts

250 months

Tuesday 17th April 2018
quotequote all
You have a verbal contract. However, a quick google brought up the following from Which? regarding distance selling law, indicating that "When you place an order, the seller becomes obliged by law to provide further information in a durable medium, such as in writing or by email."

If that's correct you should be off the hook, but it might take some arguing.

Which? also indicates that you can not return "tailor-made or personalised goods".

Check your spam email folder, if you haven't already.

Edited by Ed/L152 on Tuesday 17th April 11:55

anonymous-user

67 months

Tuesday 17th April 2018
quotequote all
I bought a car off cow wow and there was quite comprehensive trail of messages on the car wow system.

However they didn't confirm the car until we signed a doc and paid the 500 quid.

It does seem odd that they have proceeded so far with nothing in writing.


crankshaft89

Original Poster:

5 posts

85 months

Tuesday 17th April 2018
quotequote all
I've only had my current car for a year. I bought it mainly for its looks (Range Rover Evoque) and hadn't considered how bad the ride would be. The car has had three warranty claims in the space of the year. Including a faulty brake light, windscreen fluid sensor and brakes making incredibly loud squealing noise when wet.

I kinda just got it into my head I needed to get something else and ordered the new car. I can afford the car but I really should be saving the money and putting it towards a deposit for a house rather than throwing so much money away in depreciation on new cars.

anonymous-user

67 months

Tuesday 17th April 2018
quotequote all
crankshaft89 said:
I've only had my current car for a year. I bought it mainly for its looks (Range Rover Evoque) and hadn't considered how bad the ride would be. The car has had three warranty claims in the space of the year. Including a faulty brake light, windscreen fluid sensor and brakes making incredibly loud squealing noise when wet.

I kinda just got it into my head I needed to get something else and ordered the new car. I can afford the car but I really should be saving the money and putting it towards a deposit for a house rather than throwing so much money away in depreciation on new cars.
Maybe, but you either ordered it or you didn't.

You may be able to get out of it on the grounds of poor admin by the dealer but the fact you paid a deposit is a pretty firm indication that you actually did order the car.

I'd be tempted to send them a wtf are you talking about email and see how they respond. But if they stick to their guns you are on a sticky wicket.

crankshaft89

Original Poster:

5 posts

85 months

Tuesday 17th April 2018
quotequote all
Yeah, I checked my spam folder every day at the time but received nothing. I guess there is a chance even that it isn't even my car that has been built.

I did exchange a couple of messages over carwow with them. I asked them for some PCP quotes and then they gave me the number to call if I wanted to proceed with the purchase.

I appreciate all the feedback from everyone. I guess I just need to now work up the confidence to call them back and give them the bad news.

Emeye

9,780 posts

236 months

Tuesday 17th April 2018
quotequote all
I get anxiety in bouts - one of the worst when it comes to car buying - remember you only live once, it the car is what you want, go for it and enjoy it.

Thanks to anxiety I didn't buy lots of cars I should have - my biggest mistake was a 993 911 about 12 years ago - wish I had gone for it but anxiety beat me - it would have made me money!

super7

2,088 posts

221 months

Tuesday 17th April 2018
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You've now asked the 'Pistonheads massive'..... they've basically said, no written contract, no deal, dealers problem. All that needs to happen now is for you to call the dealership and ask them what's going on and that you don't want the car, and there is no contract.

Then you'll know where you stand rather than guessing and worrrying about it.

Let us know what they say....