Consumer Credit Act - advice
Discussion
My nephew has taken out a lease agreement on a new car, but delivery has now been pushed back for a fourth time, meaning if it does actually turn up this time it will be six weeks after the original date. He ordered the car because he starts a new job and the delay is causing him obvious grief.
He asked me for advice (his father passed away and I’m a sort of surrogate dad) and sent over the contract, it states that either party can cancel at no cost if ‘the manufacturer exceeds the delivery date by more than 10 weeks’. It does not detail what the cost would be inside the ten week period, which I find odd.
I’ve tried to find out if the ten weeks is reasonable, my understanding was that 28 days is the norm in circumstances such as this, but I’m struggling to find anything to support this. My view is that he’s going to have to suck it up and wait, or suffer some penalty, but his dilemma is that he needs the car for his new job (no public transport routes) which starts imminently. Anyone know his rights? Thanks in advance.
He asked me for advice (his father passed away and I’m a sort of surrogate dad) and sent over the contract, it states that either party can cancel at no cost if ‘the manufacturer exceeds the delivery date by more than 10 weeks’. It does not detail what the cost would be inside the ten week period, which I find odd.
I’ve tried to find out if the ten weeks is reasonable, my understanding was that 28 days is the norm in circumstances such as this, but I’m struggling to find anything to support this. My view is that he’s going to have to suck it up and wait, or suffer some penalty, but his dilemma is that he needs the car for his new job (no public transport routes) which starts imminently. Anyone know his rights? Thanks in advance.
Thanks for the replies, I’ve read the salient part of the contract and it states 10 weeks, but doesn’t detail any penalty if you want to cancel before that deadline. Poor lad ordered the car in May on the basis of delivery mid August, no explanation for delay apparently. He can and will have to hire, but it’s going to be way more than his leasing costs.
No idea why I thought 28 days is the norm, maybe goes back to when we had an issue with leasing equipment in my business, but it’s a few years back,
No idea why I thought 28 days is the norm, maybe goes back to when we had an issue with leasing equipment in my business, but it’s a few years back,
Blue62 said:
Welcome. said:
Is it a VW?
Yep, an Up!I know that many VW dealers are getting customers to sign a vehicle registration form (not a v5) to stop dealers shill ordering and VW want the customer details before the order is accepted, and if the customer cancels they can sometimes charge a cancellation fee.
Having said that, because of stock shortages some dealers will cancel without charge.
Similar thread here https://www.pistonheads.com/gassing/topic.asp?h=0&...
Hello Blue 62,
Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Edited by AdamIM on Monday 25th September 11:59
AdamIM said:
Hello Blue 62,
Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Just wondering why you are assuming the deal was done remotely?Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Edited by AdamIM on Monday 25th September 11:59
BertBert said:
AdamIM said:
Hello Blue 62,
Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Just wondering why you are assuming the deal was done remotely?Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Edited by AdamIM on Monday 25th September 11:59
AdamIM said:
BertBert said:
AdamIM said:
Hello Blue 62,
Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Just wondering why you are assuming the deal was done remotely?Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Edited by AdamIM on Monday 25th September 11:59
mcpoot said:
AdamIM said:
BertBert said:
AdamIM said:
Hello Blue 62,
Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Just wondering why you are assuming the deal was done remotely?Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Edited by AdamIM on Monday 25th September 11:59
I have given the OP the answer he needs, he can take it on board or not-i'll leave you to it
mcpoot said:
AdamIM said:
BertBert said:
AdamIM said:
Hello Blue 62,
Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Just wondering why you are assuming the deal was done remotely?Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Edited by AdamIM on Monday 25th September 11:59
Happy to agree to disagree and await the outcome if the OP decides to go that route.
AdamIM said:
Hello Blue 62,
Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Thanks Adam, just picked up this post and appreciate your input. My nephew certainly did the deal remotely, as you’d expect and to be clear we are dealing with late delivery. I’ve read his contract and it’s a little ambiguous, he had 14 days to cancel after signing the contract (which has past) but AIUI he has 14 days to reject after delivery, but that’s not clear in the contract. It’s also odd that there’s an implication of penalty iv he cancels within the ten week window but no detail. Your nephew certainly can cancel via Consumer Contracts Regulations 2013(which now incorporate Distance Selling Regs). Assuming the 'deal' was done remotely he has 14 days from DELIVERY, not from signing. The practicality of this means he can cancel anytime up to 14 days after taking delivery, i.e now.
The broker will no doubt try and retain any admin fees and you could pursue as the law is on your side.
I hope that helps.
Adam
Edited to add-The same regulation also deals with late delivery. So whist you don't need to lean on this provision (unless you signed in-person) it would be persuasive as to unreasonable delays. Yes we are looking at a car here not something lost in the post however it is clear what the spirit of the regulation is. If it's 30 days beyond the expected delivery then I would say it is reasonable to cancel. Notwithstanding the fact they have missed multiple revised dates.
You could also argue the 10 week clause IS unreasonable, the test being it creates unnecessary burden on the consumer. And it clearly does otherwise you wouldn't be posting
You could always wait and see if they manage to come in under the 10 weeks just to make recovery of admin fees a slam dunk. Or just cancel in writing and request the fees back
Edited by AdamIM on Monday 25th September 11:59
I’ve forwarded your helpful response and leave him to pick this up tomorrow, I’ve advised him to push to find out what the penalty would be and confirm that he can reject within 14 days after delivery. My thought being that if they realise he will do this there’s no point in holding out now. He’s found a car in stock via another source that he can be driving within days. Thanks again and to other interested parties, it’s what PH does best.
Hi Blue,
They've used a standard on-premises contract-it's not a mistake( and there will be a std 'this contract doesn't diminish your statutory rights'). They don't want to disclose anything more. He definitely has 14 days post delivery and as you say, if the game is up, why fight it. It's just more work for them. I would suggest he doesn't ask what his rights are, rather he asserts his rights. Just mention something like, i've spoken to Citizens Advice and they will pause for thought. Don't ask for his admin fee back, tell them to refund it forthwith. They may not, to see if you pursue it. A MCOL will usually resolve it
Good luck
They've used a standard on-premises contract-it's not a mistake( and there will be a std 'this contract doesn't diminish your statutory rights'). They don't want to disclose anything more. He definitely has 14 days post delivery and as you say, if the game is up, why fight it. It's just more work for them. I would suggest he doesn't ask what his rights are, rather he asserts his rights. Just mention something like, i've spoken to Citizens Advice and they will pause for thought. Don't ask for his admin fee back, tell them to refund it forthwith. They may not, to see if you pursue it. A MCOL will usually resolve it
Good luck
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