14 day cancellation rights

[AOK]

Hi there. Just wondering if anyone legally minded can offer some thoughts on the following....

I'm in the process of getting a new car on a PCH style agreement. I was sent the agreement to sign about 3 weeks ago and in the covering letter it said:

"Please note your compulsory 14 day cooling off period will begin the day that you sign these documents, your vehicle will not be released until you have completed this period."

Is that legally okay? Sounds like quite a clever way of side stepping the cooling off period!

I wouldn't usually care but an issue has come about. I'm supposed to collect the car tomorrow but an admin error which they are trying to sort has made itself apparent. If they can't sort it, then I'm not entirely sure I want to proceed... But seems I have inadvertently waived my 14 day cancellation rights, even though this error could not have been found until now.

Hopefully they sort the problem but quite an interesting scenario I think. Any thoughts from those in the know?

Cheers!

[AOK]

From the very beginning I have made it clear that my intention is to make the final payment and keep the car.

The car should have been registered as:

Mr AOK
c/o Vehicle finance company ltd
London Road
W1 1AA

(At the end of the agreement I would have made the final payment and they would have sent the logbook off to DVLA for "change of address" rather than "change of keeper" ... So I'd be the owner from first registration.

But due to an error it has been registered as:

Mr Totally Random-Name
c/o Vehicle finance company ltd
London Road
W1 1AA

So the only easy way for them to amend it is to send the incorrect logbook back to DVLA for a "change of keeper" ... Except I'm not keen on that as it means when I buy the car at the end it will unnecessarily be a 2 owner car.

I guess most people just hand the car back at the end (so don't care about the logbook status) as they can't seem to understand why I'm being so picky about the "zero previous owners" thing.

So the hope is that tomorrow the DVLA will be able to change the name without making it a new keeper.

Reading this back I realise how trivial my grievance sounds, but it was something I was adamant on and if I knew there was a risk of them cocking it up I would have just done a normal hp or taken a loan

[AOK]

Note to add: car is perfect, exactly what I ordered and I do want to go ahead as long as they can sort the registration issue out.

But seems even if they can't, my right to cancel is gone!

[AOK]

Vaud said:

The dealer can write to the DVLA and correct the error with no impact on the number of owners.

Ah, ok. If that's the case then all is well. Relieved to hear that

So my particular issue aside, this "14 day delay" they enforce legally is acceptable I take it?

[AOK]

agtlaw said:

Assuming a distance sale, the 14 day "cooling off" period runs from date of receipt of the goods.

In that case they are sidestepping it as I haven't received the goods yet, but their clause reads as if my cooling off period has already ended.

[AOK]

gtidreamer said:

Its hard to think of a time this will matter at all, try not to worry about it and just enjoy your new car.

I agree, and I will . And by the sounds of it they should be able to sort the error out easily.

I can totally see why they do that 14 day defer thing though... Imagine how many people must just exploit the cooling off period and return cars for ridiculous reasons.

Thanks for the advice all

[AOK]

Just heard back from them and they have managed to sort it so I'm taking delivery

[AOK]

TVR1 said:

More to the point, if it is a PCH agreement, you have no option to purchase thecar at the end anyway. From what you say about how the car is being registered, you are not entering into a PCP that has an option to own and should be registered in your name and address from the start.

did you not sign an AFRL form before the car was registered? If not, it further indicates a PCH.

Edited by TVR1 on Thursday 3rd September 23:41

It has an APR and an optional final payment so I think it's probably a PCP. But for whatever reason the car is registered as:

Mr Customer
c/o Finance Company
Finance Company address
Finance Company postcode

The AFRL/COR now confirms this