Changed my mind about car I'm purchasing

pd52

Last week I went on the Buyacar.co.uk website and choose a used Audi A3 and got accepted for finance. I paid a deposit of £199 and they contact the garage to get the car ready, today posted back the finance documents. However I feel I've made a mistake, I've been looking at every A3 I've come across today and I'm regretting my decision and like the golf better. I appreciate this is all my doing.

My question is; what are the chances of me being able to cancel the order for the Audi and asking for a golf ( seen one on their site) I know I may loose my deposit, but I don't think I'm going to be happy for the next 3 years.

Yes I know I'm an idiot and I accept full responsibility for is mess :(

unholyangel

Either a contract has already been formed via distance means and you have 14 days from the day after delivery to cancel the contract (as per consumer contract regulations) or a contract has not already been formed in which case you haven't entered into a contract yet and can withdraw any offer you've made.


I've had a look at their T&C's but they dont seem to state anything about contract formation or really have any T&C's pertaining to contracts - only really for the use of the website.

Were you sent any terms and conditions when paying the deposit etc?

pd52

1. Cancelling or Changing the Order top^ 6.1 After you have signed the Vehicle Order and we have returned an Order Confirmation, the Specifications and Price are fixed and may only change as follows:
   6.1.1 where you request a change to the Specifications and it is reasonably practicable for us to make those changes and you are willing to pay any corresponding increase in the Price. If it is not practicable to make the requested changes, you agree to accept the Specifications as originally ordered. You acknowledge that the sooner you are able to communicate a change of preference to us then more likely we will be able to accommodate your wishes;
   6.1.2 if, following an Order for a generic car model, the manufacturer changes the Specifications or price or model year then you will have the option either to accept the Car with the changed Specifications, Price or model year (and pay any resulting increase to the Price) or to cancel the Order and receive your deposit back in full.
   6.1.3 if the cost of road fund licence or the rate of value added tax increases then you will be required to pay the increased amount.
   6.2 WE may cancel your Vehicle Order immediately by written notice if any of the following occurs:
   6.2.1 the manufacturer ceases to make the type of Car you ordered;
   6.2.2 the Vehicle Order has been formed upon the basis of a substantive error;
   6.2.3 a Force Majeure event occurs (please see the definition in the Appendix);
   6.2.4 in the case of a stock Car, the Car is removed from sale by our supplier (e.g. the supplier has sold the Car to another customer);
   6.2.5 there is a change in our terms of business with our supplier, forced upon us by the Supplier, and beyond our control;
   6.2.6 you materially breach any term of the Contract, including failure to make any payments when due; or
   6.2.7 you fail, within 14 days of being asked to do so, to nominate an address for the Delivery of the Car to you, or you fail to take Delivery of the Car when Delivery is attempted by us at the address specified for Delivery in the Order, or you fail to ensure Collection has taken place within 14 days of the Collection date agreed with you.
   6.2.8 less than 7 days has passed since sending an Order Confirmation.
   6.3 Please note that if we cancel your Vehicle Order pursuant to clause 6.2.5 or 6.2.6 above, then we will do our best to find an alternative buyer for the Car. If we cannot find an alternative buyer, we reserve the right to forfeit some or all of your deposit as compensation for any losses caused directly by your breach. Dennis buyacar Limited will not be liable for any consequential loss incurred due to cancellation of Order.
   6.4 YOU may cancel your Vehicle Order if any of the following occurs:
   6.4.1 we materially breach the Contract;
   6.4.2 the Car does not match the Specification at the time of Delivery, for example should the Car have incorrect Specifications or Damage from transit, or (in respect of brand new cars only) mileage in excess of 250 miles on the clock (unless you have waived this and are having the Car driven to you);
   6.4.3 the Vehicle Order has been formed upon the basis of a substantive error in relation to any term of the Vehicle Order including a typographical or mathematical error with respect to the Price or Specification;
   6.4.4 you choose to exercise your right to cancel in accordance with Clause 3.2 (excess delay in the Delivery of your Car); or
   6.4.5 any of the circumstances outlined in Clauses 6.1.2 above (change of Specifications or model year, or increase in Price by the manufacturer).
   6.4.6 less than 7 days has passed since signing the Vehicle Order and a Delivery Arrangment has not yet been made.
   6.5 In addition, you have a right under the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") to cancel your order for any reason without charge. This cancellation right begins on the date of Delivery and ends on the expiry of the period of 14 calender days from the date of Delivery. Any monies you have paid will be returned. You will not have a right to cancel if the Car has been made to your specification or clearly personalised. However, this would only apply if you wanted us to customise the Car beyond the predefined manufacturer specific options available.
   6.6 If you exercise your right to cancel an Order after Delivery of the Car pursuant to Clause 6.4 or Clause 6.5, then:
   6.6.1 you must inform Dennis buyacar Limited as soon as possible. If the Car is rejected on Delivery then you must also notify Delivery driver immediately and make a written note of this on the Delivery Acceptance Note;
   6.6.2 you will at our option either return the Car to us at your expense or allow us to collect the Car from you. Returning the Car must be done by car transporter in order keep the Car mileage the same. If we elect to collect the Car from you we will be entitled to charge you an amount equal to its direct costs of recovery;
   6.6.3 you must keep the Car in the same condition as it was Delivered until it is either returned or collected, and this means that you may not increase the mileage shown on the Car's odometer by more than 20 miles compared with the mileage at the time of Delivery;
   6.6.4 you must when the Car is returned or collected provide to us the keys, V5 registration document and all other documentation and items supplied with the Car; and
   6.6.5 you must compensate us for any Damage you have caused to the Car or any use you may have made of the car which has reduced its value.
   6.6.6 we will refund all monies due to you as soon as possible (and in any event within fourteen days of the date of the Car being returned or collected) but we will be under no further liability whatsoever to you.
   6.7 Should you wish us to make good any missing Specifications or Damage to the Car instead of choosing to cancel the Contract and receive a refund, then, provided you have noted such missing Specification or Damage on the collection/Delivery Acceptance Note, and to the extent that it is reasonably practicable for us to do so, we shall use our best endeavours to do so within a reasonable period of time having consideration to the nature of the repairs required. If it is not reasonably practicable for us to make good any missing Specifications or Damage to the Car we shall offer you a full refund of the Price. This does not affect your statutory rights.

pd52

i paid the deposit Monday the 8th august, no delivery date has been confirmed, i was told once they have the finance docs back they will contact me to arrange delivery

pd52

Only thing I can think of doing is using clause 6.2.8. But it will be day 7 on Monday when their phone lines are open next for me to call. Unless I email directly and that will be 5 days ?

unholyangel

pd52 wrote: »

Only thing I can think of doing is using clause 6.2.8. But it will be day 7 on Monday when their phone lines are open next for me to call. Unless I email directly and that will be 5 days ?

Did you miss clause 6.5?

The consumer protection (distance selling) regulations have been replaced with the consumer contract regulations back in 2013 I think it was. Its pretty much the same though just a few variations have been made (like previously it was 7 working days you had to cancel, now its 14 calendar days - starting the day after delivery)

pd52

unholyangel wrote: »

Did you miss clause 6.5?

The consumer protection (distance selling) regulations have been replaced with the consumer contract regulations back in 2013 I think it was. Its pretty much the same though just a few variations have been made (like previously it was 7 working days you had to cancel, now its 14 calendar days - starting the day after delivery)

Yes, I was looking so much I couldn't see it :o
So does this mean I have to wait for the car to be delivered, then cancel it?

unholyangel

pd52 wrote: »

Yes, I was looking so much I couldn't see it :o
So does this mean I have to wait for the car to be delivered, then cancel it?

No you can cancel before delivery. The cancellation right given by it is basically to cancel the contract at any point up to 14 days after delivery.

pd52

unholyangel wrote: »

No you can cancel before delivery. The cancellation right given by it is basically to cancel the contract at any point up to 14 days after delivery.

And I guess get my deposit back too ?

bris

TBH a lot of those terms are unfair and heavily biased towards the seller, it should be the other way about. They wouldn't stand up in court.

pd52

bris wrote: »

TBH a lot of those terms are unfair and heavily biased towards the seller, it should be the other way about. They wouldn't stand up in court.

I'm going to ring Monday morning first thing, just hope they are ok with it and let me put a deposit on another car with them. They might just cancel it and tell me to sod off !