Do I have to take recalled car?

dannyrst

BykerSands wrote: »

When is a contract formed when you buy a car? When you place the order.

When is it formed when buying goods online? When the goods are dispatched.

Can you spot the difference?

So you should start to pay for the car when you place the order and the contract has been formed?

BykerSands

dannyrst wrote: »

So you should start to pay for the car when you place the order and the contract has been formed?

No, you've already been told that's not the case.

k3lvc

onlyroz wrote: »

Thank you for actually attempting to answer my question. When I have bought new cars in the past the finance has never started until he dealer has confirmed a delivery date, which for a factory order is often a month or two. The issue here is that they said they had a car and gave us a delivery date, arranged the financing, registered the vehicle too us, and then said oops you can't have it after all.

And of course we are in communication with the dealer, and we are awaiting a call from the manufacturer's head office. However we would like to be informed of our legal rights before attempting to negotiate.

Given it's 31st December and I seem to have had my fair share of cars bought on this date you have an upper hand to some extent.

Potentially a bit late today but my process would be

a) Call dealer and tell them if they want deal to go ahead then provide your car (fixed) or better car on your dive within 24hrs otherwise you move to b)

b) phone the finance company and tell them car not delivered yet therefore Direct Debit will be cancelled.

c) Contact dealer again and ask for refund of deposit - escalate to Credit card company if needed (assuming you paid by card)

The above will obviously be more complicated if you had a PX involved and there's no guarantee you'll get the same deal on a replacement vehicle in the new year

Sharing the make/model may give someone the chance to add more to the recall story and avoid some of your hysteria on this point

ETA : is it a 'loan' or a Finance Agreement linked to a specific car ? - my advice is based on the latter - with the former you've probably not got much of a leg to stand on

bigjl

One small point

How is the OP getting around?

Are they still using their trade in?

Or have been given a loan car to use?

onlyroz

For clarification we are trading in a car bought under a PCP scheme for another car from the same dealer under another PCP scheme. The finance on the old car has been settled and the first payment for the new car is in a few weeks. At the moment we are still driving the old car but the registration documents etc for the new car arrived a few days ago.

I would rather not name the manufacturer at this stage.

BykerSands

onlyroz wrote: »

For clarification we are trading in a car bought under a PCP scheme for another car from the same dealer under another PCP scheme. The finance on the old car has been settled and the first payment for the new car is in a few weeks. At the moment we are still driving the old car but the registration documents etc for the new car arrived a few days ago.

I would rather not name the manufacturer at this stage.

Have you made your concerns clear to the dealer yet?

onlyroz

BykerSands wrote: »

Have you made your concerns clear to the dealer yet?

As I said above, of course we have, but they are not any the wiser than us over what is actually happening with the car.

Also, the promised phone call today from the manufacturer's head office failed to materialise.

Marktheshark

You will always get two pools of advice.

Morals and high horse judgements.
Legal and what is correct in law.
The second one is what matters, the first is just hot air.

The Consumer Rights Act 2015 is now in force and very few people have had time to read it yet fully, what is contained therein said act is what legal options you have.

onlyroz

Marktheshark wrote: »

You will always get two pools of advice.

Morals and high horse judgements.
Legal and what is correct in law.
The second one is what matters, the first is just hot air.

The Consumer Rights Act 2015 is now in force and very few people have had time to read it yet fully, what is contained therein said act is what legal options you have.

Yes we were reading about this last night. So if our car has a fault we can get a refund within 30 days regardless of whether the fault can be fixed. Perhaps this is why they are refusing to give us the car?

Marktheshark

What it says about taking possession of goods and start of contracts would be the relevant area, it was quite clear in the SOG act, when you go the goods you started the SOG act, if they refused to supply you had the right to walk away, finding what the new act says would be the relevant part.