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Friend buys car, can she pull out?

apeshape
apeshape Posts: 37 Forumite
Friend asked me to get some second opinion on this.

She's just bought a car online from a dealer (paid via bank transfer £5000) unfortunately her land lord has just evicted her now has no where to keep the said car.

She's penned an extremely sorry letter - what are her rights? She's signed nothing by the way and hasn't even been to the dealership yet.

It's an extremely embarrassing situation.

Thanks
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Comments

  • Silver-Surfer_2
    Silver-Surfer_2 Posts: 1,850 Forumite
    apeshape wrote: »
    Friend asked me to get some second opinion on this.

    She's just bought a car online from a dealer (paid via bank transfer £5000) unfortunately her land lord has just evicted her now has no where to keep the said car.

    She's penned an extremely sorry letter - what are her rights? She's signed nothing by the way and hasn't even been to the dealership yet.

    It's an extremely embarrassing situation.

    Thanks

    But she's paid in full so there is a contract in force. Hopefully the dealer will refund minus any costs they have incurred.
  • motorguy
    motorguy Posts: 22,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    apeshape wrote: »
    Friend asked me to get some second opinion on this.

    She's just bought a car online from a dealer (paid via bank transfer £5000) unfortunately her land lord has just evicted her now has no where to keep the said car.

    She's penned an extremely sorry letter - what are her rights? She's signed nothing by the way and hasn't even been to the dealership yet.

    It's an extremely embarrassing situation.

    Thanks

    And she cant find anywhere else to live?
  • apeshape
    apeshape Posts: 37 Forumite
    motorguy wrote: »
    And she cant find anywhere else to live?

    Very long and difficult to explain but the short answer is no unfortunately. Thing is, the car is an absolute BARGAIN for what it is and she's sure the dealer will have no problem finding another buyer....

    I just wonder if she's cheeky asking for a refund or should at least offer to compensate the dealer as a gesture of good will for their troubles to soften the blow (not sure how much that 'soften' may cost though)...
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 June 2016 at 10:33PM
    As the purchase was made at a distance, provided the purchase was made as a consumer and not a business, your friend should have the legal right to cancel the purchase under the "Consumer contracts (information, cancellation and additional charges) regulations"
    The relevant section of the act is here:
    http://www.legislation.gov.uk/uksi/2013/3134/part/3/made
    and a basic guide to it here:
    https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/
  • Silver-Surfer_2
    Silver-Surfer_2 Posts: 1,850 Forumite
    edited 25 June 2016 at 10:42PM
    As the purchase was made at a distance, provided the purchase was made as a consumer and not a business, your friend should have the legal right to cancel the purchase under the "Consumer contracts (information, cancellation and additional charges) regulations"
    The relevant section of the act is here:
    http://www.legislation.gov.uk/uksi/2013/3134/part/3/made
    and a basic guide to it here:
    https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/

    http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations
    Distance Selling Regs no longer apply and as for your CAB link, the first paragraph states.

    You don’t have an automatic right to get your money back if you just change your mind about something you’ve bought and there’s nothing wrong with it.
  • As the purchase was made at a distance,

    So 'your friend' bought the car without seeing it? Nowhere to live? Maybe she can sleep in the car!

    Sounds like 'buyers remorse' to me, but on a more serious note - if it is a reputable dealership I suspect that they may refund.

    The dealer is in business to make a profit, so probably not the 'absolute bargain' that you suggest. If it is, why not buy it from her and make yourself a tidy sum?
  • Distance Selling Regs no longer apply and as for your CAB link, the first paragraph states.

    You don’t have an automatic right to get your money back if you just change your mind about something you’ve bought and there’s nothing wrong with it.


    Correct, the distance selling regulations no longer apply which is why the CAB is referring to the Consumer contract regulations which replaced the DSR's. (these regulations are mentioned in the template letter they provide).


    And yes, you do normally have an automatic right to get your money back if you have changed your mind if the purchase was made at a distance.
    This right lasts for 14 days from purchase (and longer if the retailer didn't inform you of this right).
  • Correct, the distance selling regulations no longer apply which is why the CAB is referring to the Consumer contract regulations which replaced the DSR's. (these regulations are mentioned in the template letter they provide).


    And yes, you do normally have an automatic right to get your money back if you have changed your mind if the purchase was made at a distance.
    This right lasts for 14 days from purchase (and longer if the retailer didn't inform you of this right).


    So you've assumed that this is a distance sale and the vehicle is being delivered to the buyer?

    Is it still one if they are collecting the car in person?
  • Herzlos
    Herzlos Posts: 16,057 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    How much of a bargain is it? Can your friend sell it on and make her money back?
  • So you've assumed that this is a distance sale and the vehicle is being delivered to the buyer?

    Is it still one if they are collecting the car in person?

    Why would I have to assume anything.
    She's just bought a car online from a dealer (paid via bank transfer £5000) unfortunately her land lord has just evicted her now has no where to keep the said car.

    She's penned an extremely sorry letter - what are her rights? She's signed nothing by the way and hasn't even been to the dealership yet.
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