Right to cancel webuyanycar contract?

AdrianC

bigjl wrote: »

Did you actually read what you quoted?

Seemed a fair paraphrase, tbh.

darkwarrior

bigjl wrote: »

Why would you have the right to back out of a simple vehicle sale!

You are given the price after the car is inspected you have a chance to barter which i did to get the price i wanted.

The problem with this country is everybody thinks they have more rights than they actually have.

Do you have the right to pull out of a house sale after contracts have been completed?

Selling to WBAC is the same in my mind. You have the right to cancel at any point up till you agree a deal and give over you bank details for payment.

Pay a few quid and get the money the next day.

If you want the car back go doen to BCA and buy it back. Simples.

Last time I checked you couldn't sell a house in 30 minutes with one signature. It's not about thinking I have more rights than I do, it's genuinely asking for aid in a bad situation.

Joe_Horner

bigjl wrote: »

The problem with this country is everybody thinks they have more rights than they actually have.

No, the problem with this country is that too many companies' business models are based on sharp trading practices which require legal rights to protect the average consumer against.

No need for even SOGA if all the traders play fair

AdrianC

Joe_Horner wrote: »

No, the problem with this country is that too many companies' business models are based on sharp trading practices which require legal rights to protect the average consumer against.

Umm, where exactly is the "sharp trading practice" in this case?

Daughter: "Mum, we're selling your car - we're taking it to WBAC tomorrow."
Mum: "But, dear..."
"Don't argue, Mum."

<tomorrow>
"Hello, we're here to sell the car"
WBAC: "No problem. Are we all happy? Thank you for the keys."
"Yes, all happy"

<several days later>
OP: "Why did you sell the car? You need a car."

goonarmy

If you dont want rid why sign contract or even go to veiwing? You wouldnt put it on ebay take the money, shake hands then say" actually it aint for sale" would you?

Joe_Horner

There isn't particularly in this case, but neither is there anyone "thinking they have more rights than they actually have". My post was a specific response to bigjl's comment about that. The fact is that the (ever increasing) rights consumers have been given in law are in order to protect them against sharp traders.

In his case, the OP asked if there was any way he might cancel, which is a fair question in the circumstances. I haven't seen him anywhere trying to say he "has a right to". The answer to that is that no, there probably isn't unless the company agree to allow him to.

One exception might be if they've included a right for them (the company) to back out before payment within teir standard contract. If they've done this then refusing the client the same option would fall foul of the Unfair terms in Consumer Contracts Regulations 1999 Sched.2 Para 1(c):

making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone

Whether or not that could be used to confer an equivalent right of cancellation on the consumer, or only to force the company to honour the contract, would be a matter for the courts to decide.

Can't be bothered to go looking whether they've already considered that question because, even if they have, the chances are that the car will have been moved on through auction before the OP could act on it anyway.


eta: In fact, checking their standard contract here:

http://www.webuyanycar.com/TermsAndConditions#TAC4

suggests that item 6 does attempt to confer on them a right of cancellation "dependant on their will alone".

6(1) lists representations they rely on, and 6(2) allows them to cancel or recind if "it's likely that" any of those representations are untrue. Seeing as "it's likely that" will be decided by them, that gives them a reason to cancel dependant on their will alone.

In order for that term to be fair, there has to be a corresponding right for the seller to cancel.