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View Full Version : car leasing cancellation issue - can you help?


cashmoney
01-09-2008, 8:02 PM
I ordered a Matis for leasing and was approved for finance, now have thecontract and on closer inspection have decided against the lease. Have paid 99 squid admin cost - fine , might lose it for cancelling. all that has happened so far is my 'order' has been approved and they have now produced the credit agreement which states the car reg etc. I have not signed the agreement

The website says that any cancellation of the 'order' is liable for a penalty of 3 months HP cost. yikes!

I don't want to have to pay this just because on coser inspection I am not happy with the contract e.g excess mileage cost, car 6 mth old not brand new, confusing and higher fee that I apparently will have to pay. How can I ensure I don't have to pay them? P.S all this was done on the internet and over the phone , don;t know if that affects my rights? any help much appreciated.

Incisor
01-09-2008, 8:06 PM
... P.S all this was done on the internet and over the phone , don;t know if that affects my rights? any help much appreciated.
In which case Distance Selling Regulations will apply, you have a right to cancel if you are a consumer rather than a business and you do it quickly enough.Also, you have a right to cancel and reclaim you money if the deal is not what you signed up to.

cashmoney
01-09-2008, 8:58 PM
thanks very much for the reply , i thought that might be the case, not sure how long i've got though. I sent them the paperwork ages ago and recieved the contract 3/4 wks later. and plan to call them tomorrow.

Nile
01-09-2008, 9:01 PM
Hello cashmoney

I'll move your thread to the 'Motoring & Public Transport' board.

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule (http://forums.moneysavingexpert.com/showthread.html?p=1009335#post1009335)) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email abuse@moneysavingexpert.com (abuse@moneysavingexpert.com).

Regards

Nile

in51der
02-09-2008, 8:16 AM
I ordered a Matis for leasing and was approved for finance, now have thecontract and on closer inspection have decided against the lease. Have paid 99 squid admin cost - fine , might lose it for cancelling. all that has happened so far is my 'order' has been approved and they have now produced the credit agreement which states the car reg etc. I have not signed the agreement

The website says that any cancellation of the 'order' is liable for a penalty of 3 months HP cost. yikes!

I don't want to have to pay this just because on coser inspection I am not happy with the contract e.g excess mileage cost, car 6 mth old not brand new, confusing and higher fee that I apparently will have to pay. How can I ensure I don't have to pay them? P.S all this was done on the internet and over the phone , don;t know if that affects my rights? any help much appreciated.

You are not liable to any 3 months hp costs what a load of rubbish, this is totally underhand and if this is a main franchised dealer it is a disgrace. In the first instance you have not committed to any finance agreement until you sign the correct documentation and even then as with all regulated agreements you have a cooling off period. If you have paid a £99 deposit for the car and cancelled that they can if the car has been ordered in specially for you retain some portion of a deposit for admin, but certainly never admin costs for a finance agreement as they don’t kick in until the finance is signed and the dealer paid out by the finance house. It sounds to me that the main basis of the sale is that this company makes money from the finance and not necessarily the car, I would proceed with extreme caution, as this company should not be trying to claim 3 months hp costs, also take advice as the rules about telephone and internet selling are completely different and mean you have even more right to cancel, maybe try trading standards they are very helpful. Good luck

cashmoney
02-09-2008, 1:09 PM
I spoke to them and they were very angry. Told me about the penalty and I said I am not happy to pay and they said they're going to County Court - told them they'd have to write to me to do that AFTER i'd written to them as they can;t just say they'd asked me and i'd refused and so they'll sue me! I reminded them of the distance selling stuff and he said "i know all about that"
on a very basic level (and this is only one of the things i am not keen on in the agreement) Over the phone they quoted me £99 per month and the contract has a (teeny bit) higher price. No one told me this. Manager says he'll change the price but i don't want it anyway. On what basis can I ensure they can't enforce this penalty and who can I seek advice from?

in51der
02-09-2008, 8:29 PM
I spoke to them and they were very angry. Told me about the penalty and I said I am not happy to pay and they said they're going to County Court - told them they'd have to write to me to do that AFTER i'd written to them as they can;t just say they'd asked me and i'd refused and so they'll sue me! I reminded them of the distance selling stuff and he said "i know all about that"
on a very basic level (and this is only one of the things i am not keen on in the agreement) Over the phone they quoted me £99 per month and the contract has a (teeny bit) higher price. No one told me this. Manager says he'll change the price but i don't want it anyway. On what basis can I ensure they can't enforce this penalty and who can I seek advice from?

At this point, and I don’t know how much deposit you have given them, but you really do not want to be dealing with this company I repeat they cannot force you to take out this agreement it is illegal. I would go to citizen advice bureau or solicitor for re-assurance but as I stated before I would not continue any business with this company, there are lots of dealers out there who you would certainly get a better experience than this, after all you are the customer and you are just trying to buy a car without any hassle. Best of luck