Cancelling factory car order

[DeWar]

I suspect this is a straightforward one but I want to confirm before having the relevant conversation.

I ordered a new car a month ago via a broker. I put down a deposit when the order was placed (£500-odd) and the finance agreed. Everything was conducted via phone/email/post and I’ve never set foot in the broker’s premises nor that of the dealer the broker placed the order with.

I now want to cancel the order. The car has a build slot but has not been built yet. I expect to forfeit my deposit (and frankly I wouldn’t ask for it back even if I could as people have put work in to order the car on my behalf) however I want to confirm that my case meets the criteria for a distance sale and that I can therefore cancel without fear of being asked for any compo.

Cheers in advance.

[Alucidnation]

Have you actually spoken to the broker?

[DeWar]

No, left a message today, expect to do so tomorrow.

[dibblecorse]

What does the paperwork say about your rights to cancel ? The finance agreement is easy to cancel, as its not started yet, you need the car order form and the terms that go with it.

[loskie]

it may not mater what the paperwork says is this not covered under the distance selling regs (or the replacement) and if so you may be able to cancel with no penalty.

https://www.which.co.uk/consumer-rights/regulation...


OK so its now called the consumer contracts regs

[48k]

My gut reaction is that a car order will come under the category of custom goods so the cancellation rights under the Consumer Contracts Regulations won't apply but it seems the Motor Ombudsmen disagrees with me: https://www.themotorombudsman.org/distance-sales-f...

[DeWar]

It’s in the process of getting sorted now. Broker actually offering to try to recover a portion of the deposit from the dealer.

I am actually happy for the broker - who has been faultless - to keep their portion of my deposit because they did work on my behalf so deserve to be paid. I also won’t push for return of my deposit at the dealer, because the fault is mine for breaking the contract.

I really wanted to ensure I was on firm ground if there was any suggestion that the dealer might try to penalise me further for cancelling which I know now is not on the cards.

Thanks for the responses chaps.

[Marcellus]

If it helps, a couple of years ago as we were buying a new car for my wife she was made redundant on the day of collection and we spoke to the Salesman and Dealer Principle on what our options were (as well as sense checking with a Lawyer) and generally they all agreed;
- if we cancelled before car made then no issue and we'd arm wrestle over the deposit.
- if we cancelled after car made but still at factory then a little more tricky and we'd likely lose the arm wrestle over deposit
- if when shipped - unlikely, but depending on spec possibly if long lead time and not many options in UK available.
- if when on site - no way José there'd be fistcuffs.

SOunds like you're at level one so should be OK.