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Distance Car Sale - Right To Cancel 12 Months **ADVICE NEEDED**

I purchased a car in March this year 2017. During my purchase I did not step foot on trade premises nor did I meet anyone from the dealership.

My car was delivered to me in a premier inn car park by a hired driver which Audi used.

I was never sent my Right To Cancel on delivery of the car nor at anytime after delivery.

Due to this I executed my right to cancel now as the law extends this right to reject to 12 months due to not being sent my right to cancel details.

The dealership are not accepting my car back and state they sent me my cancelation rights via email but I have never received these and when I asked them to send the original email they cannot find it !!

They sent me a invoice in which it states down the bottom right “Cancelation Notice Received” with my signature however someone else writing in both Print Name and also the date. I cannot remember signing this invoice when I received the car in the premier inn car park and I have a feeling this has been done without my consent/fraud.

The dealership are dragging their heels and I am wondering if anyone has any advice in what to do as trading standards confirmed I am within my right as they cant prove they sent my right to cancel.

Thanks

Comments

  • Richey_
    Richey_ Posts: 334 Forumite
    Popcorn time......!

    :A
  • Jonny.Gallagher1
    Jonny.Gallagher1 Posts: 2 Newbie
    edited 27 December 2017 at 6:57PM
    In a good way ?
  • Why do you wish to cancel after nine months?

    I trust the car has not been used at all whilst you have had it?

    Are you saying that the signature confirming receipt of the cancellation notice is not yours?
  • eschaton
    eschaton Posts: 2,265 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I purchased a car in March this year 2017. During my purchase I did not step foot on trade premises nor did I meet anyone from the dealership.

    My car was delivered to me in a premier inn car park by a hired driver which Audi used.

    I was never sent my Right To Cancel on delivery of the car nor at anytime after delivery.

    Due to this I executed my right to cancel now as the law extends this right to reject to 12 months due to not being sent my right to cancel details.

    The dealership are not accepting my car back and state they sent me my cancelation rights via email but I have never received these and when I asked them to send the original email they cannot find it !!

    They sent me a invoice in which it states down the bottom right “Cancelation Notice Received” with my signature however someone else writing in both Print Name and also the date. I cannot remember signing this invoice when I received the car in the premier inn car park and I have a feeling this has been done without my consent/fraud.

    The dealership are dragging their heels and I am wondering if anyone has any advice in what to do as trading standards confirmed I am within my right as they cant prove they sent my right to cancel.

    Thanks


    When do the schools go back?
  • Richey_
    Richey_ Posts: 334 Forumite
    If you have received advice from trading standards why do you think you will receive better advice here?

    If you are certain, put your money where your mouth is and just take them to court to get your money back.

    Just sounds like you are chancing it, in my opinion.

    You bought a car which you no longer want or can’t afford. Do what everybody else does and take the hit, sell the car, repay the finance and cover the difference. Failing that, pay off half and voluntarily terminate the agreement/car.

    Looks to me like you were so excited by the new car you signed anything in front of you including this agreement. The handwriting for name and date is irrelevant it’s your signature that counts. Be interesting what others think of the email argument, I would have thought your non receiving when they sent it argument is quite weak and irrelevant when you signed the hard copy for receipt.

    Good luck but IMHO you are a chancing it and it could be very costly for you if you are wrong.
  • forgotmyname
    forgotmyname Posts: 33,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You took the keys and ownership, drove the vehicle away? Sounds like you accepted it.

    Is it faulty?
    Censorship Reigns Supreme in Troll City...

  • System
    System Posts: 178,435 Community Admin
    10,000 Posts Photogenic Name Dropper
    Right to reject only applies when there is a fault and it can't be remedied within a reasonable timescale. It doesn't apply when you've bought something and then changed your mind 9 months later.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Interested why you want to reject if after 9 months of using it?
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