help with a main dealer urgently required

Premier_2

jack_spratt wrote: »

I may be wrong but I thought under the distance selling regulations you had a cooling off period anyway

From the OFT website

Distance Selling Regulations

If you sell goods or services to consumers by:

• the internet
• digital television
• mail order, including catalogue shopping
• phone
• fax

then you need to know about the Consumer Protection (Distance Selling) Regulations 2000.
The key features of the regulations are:

• you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
• you must also provide this information in writing
• the consumer has a cooling-off period of seven working days.

The Consumer Protection (Distance Selling) Regulations 2000 do indeed exist.

However, this is a main car dealer we are discussing, not a company that offers goods or services remotely to consumers via the internet, digital televison, mail order/catalogue, phone or fax.

The regulations themselves make this clear:

Interpretation

3.

—(1) In these Regulations—

...
“distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;
...

http://www.opsi.gov.uk/si/si2000/uksi_20002334_en.pdf

In this instance, the buyer was expected and did go to the supplier (the car dealer) before the contract was concluded.

jack_spratt_2

I have read through the PDF and thought it backs up his case more strongly to cancel it!! .he did not even sign a contract or have been given a copy

To be honest the thought of a main dealer acting in this manner is even more surprising but I have seen this done before by some of the bigger dealers .

One last point many home insurance companies include a free legal help line in the policies .
I suggest he sends a letter recorded delivery pointing out that the monies needs to be returned and if you paid by credit card contact your credit card company to dispute the payment

hewhoisnotintheknow

i would spend a couple of hours on saturday voicing my view to any customers he had

cyclonebri1

hewhoisnotintheknow wrote: »

i would spend a couple of hours on saturday voicing my view to any customers he had

Done it myself and they really don't like it.

Going up 3 or 4 strong is a better option but be carefull

I would have thought considering this that they must give back the deposit if the car is trully not as described. I would however agree that at the very most a deposit paid like this should be understood by both parties as a holding deposit, refundable provided the buyer turns up to view the vehicle by the agreed time.

The one thing I would never buy/deposit on unseen is a car:eek:

Inactive

cyclonebri1 wrote: »

The one thing I would never buy/deposit on unseen is a car:eek:

Nor me, well not a used car.

vaio

Premier wrote: »

The Consumer Protection (Distance Selling) Regulations 2000 do indeed exist.

However, this is a main car dealer we are discussing, not a company that offers goods or services remotely to consumers via the internet, digital televison, mail order/catalogue, phone or fax.

The regulations themselves make this clear:
http://www.opsi.gov.uk/si/si2000/uksi_20002334_en.pdf

In this instance, the buyer was expected and did go to the supplier (the car dealer) before the contract was concluded.

If the contract was formed when the deposit was left (i.e. before the car was seen) then distance selling applies and the OP can cancel without giving a reason and get the deposit back.

If the contract wasn’t formed when the deposit was left then, as the OP doesn’t want the car once he’d seen it, there is no contract and no basis for retaining the deposit.

OP….if you paid the deposit with a CC it might well be worth getting them involved

cyclonebri1

vaio wrote: »

If the contract was formed when the deposit was left (i.e. before the car was seen) then distance selling applies and the OP can cancel without giving a reason and get the deposit back.

If the contract wasn’t formed when the deposit was left then, as the OP doesn’t want the car once he’d seen it, there is no contract and no basis for retaining the deposit.

OP….if you paid the deposit with a CC it might well be worth getting them involved[/QUOTE]

He/she has;)

vaio

He/she has what?

harveybobbles

Why have a lot of posts been deleted from this...?!

vaio

fun police got bored with what was on TV?