Distance Selling Regulations

edited 30 November -1 at 1:00AM in Consumer Rights
14 replies 9.6K views
CashisKingCashisKing Forumite
93 Posts
edited 30 November -1 at 1:00AM in Consumer Rights
I saw a 2nd hand car for sale with a dealer.
It was in Northern Ireland (I am in England)

I didn't want him to sell the car before I could get there so I agreed a price and paid a deposit by credit card.
I agreed to pay the balance upon satisfactory inspection when I viewed it next week.

I am now unable to complete the deal. I rang and the dealer said he would refund me the £300, but he may have to make a few deductions because he has missed a couple of potential buyers and may have incurred other costs such as banking costs etc.

Where do I stand as there doesn't seem to be mention elsewhere of any right to make deductions?
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Replies

  • AnihilatorAnihilator
    2.2K Posts
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    This is entirely acceptable.

    Not sure where the DSR's come into this.

    You entered into a contract and breached it, the dealer is entirely allowed to deduct from your deposit reasonable costs/compensation incurred due to your breach of contract.
  • Distance selling regulations allows a 7 day cancellation period after the purchase.

    I purchased an item at distance - I cancelled within 7 days

    That is where DSR comes into it!
  • AnihilatorAnihilator
    2.2K Posts
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    CashisKing wrote: »
    Distance selling regulations allows a 7 day cancellation period after the purchase.

    I purchased an item at distance - I cancelled within 7 days

    That is where DSR comes into it!


    No it doesnt.

    You put down a deposit to secure the car, the deal was to be concluded on inspection and hence isnt covered under the DSR.

    You have no right to return within 7 days.

    Also the DSR do not allow you to cancel within 7 days, they allow you 7 days for reasonable inspection and to return. You didnt even get this far so even if they did apply which they wouldnt you cant invoke them.
  • neilmclneilmcl Forumite
    18.9K Posts
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    CashisKing wrote: »
    Distance selling regulations allows a 7 day cancellation period after the purchase.

    I purchased an item at distance - I cancelled within 7 days

    That is where DSR comes into it!
    DSR only apply to businesses that normally sell by by distance, ie, online retailers, mail order etc. It doesn't apply to companies who may occasionally take an order or deposit by phone.
  • neilmclneilmcl Forumite
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    Anihilator wrote: »
    Also the DSR do not allow you to cancel within 7 days, they allow you 7 days for reasonable inspection and to return. You didnt even get this far so even if they did apply which they wouldnt you cant invoke them.
    Actually, the DSR precisely does give an unconditional right to cancel, but as you said its irrelevant in this case.
  • From What Car

    Buy a car used car from a business over the internet and you're automatically covered by the Distance Selling Regulations. This gives you a seven-day cooling off period after you’ve taken delivery.

    You're also covered if you place a deposit online and conclude the deal face to face. The Distance Selling Regulations don't cover you when buying privately, or if the car has been altered or personalised to your specifications.

    If you pay a deposit using a credit card for an item worth between £100 and £30,000, your credit card provider becomes equally liable if the car fails to be delivered, is faulty or if the business goes bust.
  • tamartotamarto Forumite
    832 Posts
    Why do so little people understand what a deposit is? Or is it just they all end up on this site? :rolleyes:
  • AnihilatorAnihilator
    2.2K Posts
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    CashisKing wrote: »
    From What Car

    Buy a car used car from a business over the internet and you're automatically covered by the Distance Selling Regulations. This gives you a seven-day cooling off period after you’ve taken delivery.

    You're also covered if you place a deposit online and conclude the deal face to face. The Distance Selling Regulations don't cover you when buying privately, or if the car has been altered or personalised to your specifications.

    If you pay a deposit using a credit card for an item worth between £100 and £30,000, your credit card provider becomes equally liable if the car fails to be delivered, is faulty or if the business goes bust.

    This is not correct. This deal is not covered by the DSR.
  • If it is not correct, can you explain why it is not covered by the DSR?
  • neilmclneilmcl Forumite
    18.9K Posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    CashisKing wrote: »
    From What Car

    Buy a car used car from a business over the internet and you're automatically covered by the Distance Selling Regulations. This gives you a seven-day cooling off period after you’ve taken delivery.

    You're also covered if you place a deposit online and conclude the deal face to face. The Distance Selling Regulations don't cover you when buying privately, or if the car has been altered or personalised to your specifications.

    If you pay a deposit using a credit card for an item worth between £100 and £30,000, your credit card provider becomes equally liable if the car fails to be delivered, is faulty or if the business goes bust.
    You should read/understand your own quote.

    You did not purchase from an internet business!

    You have not concluded the deal!

    You are not covered by the DSR!
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