Distance Selling Laws and CARS

andysuth

Hi,

A Firend of mine bought a second hand car as a gift for his future father in law.

He's found there are good reasons why he shouldn't present the car to his future father in law.

He's never seen the Car, it's not been assigned to him (CV5), it's a second hand car (Classic Car) no customisation has been performed, money exchanged about 2 weeks ago (car yet to be delivered).

I've said that since delivery hasn't taken place, no face to face meetings or viewings have taken place, this is a distance selling laws issue and even if the car had been delivered, he'd have 7 working days to tell the seller the car isn't as he'd expected and require a refund.

Please could someone comment on this.

Can he get a refund (Debit Card Purchase)?

Does he have to proceed with the purchase?

Thanks,

-Andy.

andysuth

Hi,

If something has been paid for, but not yet delivered, and the payment was 2 weeks ago, but both seller and buyer had agreed to delivery date, can this still be cancelled through distance selling laws?

-AS

derrick

andysuth wrote: »

Hi,

If something has been paid for, but not yet delivered, and the payment was 2 weeks ago, but both seller and buyer had agreed to delivery date, can this still be cancelled through distance selling laws?

-AS

Put simply, yes, as the goods have not been delivered, however the DSR's may not be applicable if the seller does not "normally" do business "at a distance".
eg, from OFTs BUSINESS GUIDE TO DSR

2.14 If you normally do business with consumers face-to-face, the DSRs
are unlikely to apply to an occasional order that you take in these
ways.

Meepster

It also depends if it was private seller or a business seller. DSR's don't apply to private sellers..