Cancelling Second Hand Car Purchase

Fat_Freddies_Cat

My partner and I went to our local Arnold Clark Dealers on Sunday to get a trade in value on her car, against one we had seen on their website. After the usual haggling we came to an agreement on the price and I paid a £300 deposit, or "Customer Contribution" as they call it. We were told the car would be delivered this afternoon and they would provide the registration number so we could arrange insurance cover. There was discussion about whether we would be able to get there tonight because my partner has a dentists appointment this evening and we said it may be Thursday or Friday before we could both get there because I would be making the payment.
When I rang this afternoon the car hasn't arrived and I was told it may be tomorrow. I was also told that we would only be able to view the car, because it had a private number plate and that could take 1 or 2 weeks to transfer and have the original number allocated. I expressed dissatisfaction at this and the salesmen said he told us at the time. I then asked to speak to the Manager who said that the salesman had booked a delivery date of the 7th August which was too optimistic and it could take another week. I told him that we would not have proceeded with the purchase if we had been told at the time. As we ended up with a "he said", "we said" "they said" conversation so I told him I would have to speak to my partner and I would get back to him. My partner is very unhappy and wants me to cancel the purchase and go elsewhere. Does anybody have any tips on the best way to cancel and recover my £300 "Customer Contribution" which I paid on my credit card? I think I should be able to cancel but can't find the relevant legal point, is it breach of contract, or can I use the distance selling rules, because the car was advertised on the website?

Any help or suggestions would be appreciated.

FFC

DevCoder

i dont think you can use DSR because you completed the transaction on the premises.

browneyedbazzi

DSRs do not apply in this case.

Breach of contract would be the only real option here unless there is a cancellation clause available to you in the contract, but you'll have to prove the breach.

Did you get the agreed delivery date for your new vehicle in writing? Was it a promised date or a proposed/estimated date?

spacey2012

Start reading what you signed in detail.

arcon5

If you agreed a night this week and now they've changed this date I wonder if you could consider THEM to be in breach of the contract. Only problem being if they can argue the breach is so minor it would be unreasonable to reject it on that basis...

I'll leave you lot to fight this one out (I know what my opinion is).

Fat_Freddies_Cat

They told us we could view it today but misled us into believing we would complete the purchase today. That Manager has agreed that we were given the wrong information but it was due to the salesman's inexperience. We have been told there is no way we can see the vehicle until the plate has been allocated and this could be 2 weeks. Had we been told that at the time we wouldn't have gone ahead with the purchase. The main reason we don't want to proceed is that there have been too much misleading information which, whether through incompetence or deliberate, means we can't trust them. Surely the statements made at the time also form part of the contract and how can there be a contract if we haven't had the opportunity to see the car?

spacey2012

Have you put your signature on anything. ?

wealdroam

Fat_Freddies_Cat wrote: »

Surely the statements made at the time also form part of the contract...

Yes they do, but as you have already pointed out, it will be difficult to confirm just exactly who said what.

Fat_Freddies_Cat wrote: »

...and how can there be a contract if we haven't had the opportunity to see the car?

Have you never bought anything without seeing it?
Mail order?
Over the internet?
A summer holiday?

You appear to have agreed to make the purchase without seeing the car.

Fat_Freddies_Cat

spacey2012 wrote: »

Have you put your signature on anything. ?

Yes, my partner signed an agreement but the whole point was that we would view the vehicle and proceed if satisfied.

spacey2012

You are bound by the contract you signed, anything else is hot air, hear say and traders puff.
Sit down with this agreement and see what terms are not in your favour.
If it was signed it forms a legal and binding contract.
Skating around it saying he said this wont help, put the kettle on and start reading your contract.

Fat_Freddies_Cat

wealdroam wrote: »

Yes they do, but as you have already pointed out, it will be difficult to confirm just exactly who said what.


Have you never bought anything without seeing it?
Mail order?
Over the internet?
A summer holiday?

You appear to have agreed to make the purchase without seeing the car.

The things you mention have additional protection because they haven't been seen. We agreed to buy the car, if it was as specified. As I have said, these people have deliberately misled us by providing incorrect information.