Vehicle order cancel

jacobs23

hi, so on 2 days ago on thursday 27th july i paid a £200 holding fee/deposit and signed a vehicle order form from evanshalshaw for a used car but now after a change of circumstances i no longer want to buy the car , what are my rights ? and if i cancel will i get my deposit back also can they and are they likely to take me to court to pay the full amount. any help is appreciated thank you very much.

note:you can find the terms sheet online on the evanshalshaw website ( would share the link but i can't as i am a new user)

Fosterdog

It depends on whether you did it online or in one of their show rooms. Online you will have a right to cancel. In the showroom it will depend on the terms of the contract you entered with no automatic right to cancel. Even if the terms don't allow a cancellation sometimes speaking nicely to them or a manager they may do it as a gesture of goodwill or maybe offer to change to a cheaper car if it is the price you can't really afford.

It does seem strange though that in less than 48hours you've gone from agreeing to buy a new car to no longer needing one, surely if you needed a car then you still need one now. Is the change of circumstances not really a change of circumstances but a change of mind?

ETA: Have you actually agreed to buy the car? I'm sure EH have been mentioned on here before when they have offered the service to have a car transported from another location for you to inspect/test drive before committing to buy. They charge £200 but as long as you turn up to test drive just say you've changed your mind and they refund the money. Fail to turn up to test drive and they don't refund it but you still don't have to buy they car.

jacobs23

i bought it in store and yes its more of a change of mind as the car is 68bhp and before there was some trouble with insurance as im 18 so wanted to keep it as down as possible but now am aware that insurance on a 104bhp is only very slightly more and i no longer want the car , i know this is entirely my fault and i understand if they keep the deposit but im just wondering if it is possible for me to cancel it . i signed a vehicle order form and paid £200 in store with the slaesperson who was very nice and not pushy at all but is on holiday this coming week and hence my order is being dealt with by someone else now .

on the terms and conditions under cancellations it does say this: 3.1 Unless entitled to do so under clause 3.2, clause 4.5, clause 5.3 or clause 14, the Purchaser may not cancel the Contract without the prior written agreement of an authorised representative of the Seller. If the Purchaser seeks to cancel the Contract in any other manner, the Seller may (without prejudice to its other rights and remedies) retain from any deposit paid an amount equal to any costs and/or expenses incurred or likely to be incurred by the Seller in connection with the Vehicle, the Contract and/or the cancellation of the Contract. If the Purchaser cancels under clauses 3.2, 4.5, 5.3 or 14 the Seller shall return to the Purchaser any deposit paid and thereafter shall have no further liability to the Purchaser under the Contract.

neilmcl

You'll probably be able to cancel but kiss goodbye to your deposit.

Fosterdog

Maybe they will let you change your order to the more powerful car especially if it costs more. Contact them ASAP as they might not have fully processed the order yet

jacobs23

thanks for your help, its been resolved now i rang them up and was put through to a business manager who happily said he will cancel it and ring me later on for card details to transfer back my deposit seemed a little too good to be true but hopefully they stick to there word and it works out .