Getting out of Stoneacre PCH agreement

Shandy123

Hi all, I hope someone can advIse me.
Last week I communicated with Stoneacre leasing via email and aged via email to go ahead with the deal they offered me. However, today, my local dealer, of the same car manufacturer has offered to match their dahl AND get the interior textile colour I wanted (which Stoneacre couldn't do without a 14 week delay).
No money has changed hands with Stoneacre, and I haven't physically signed any papers, BUT they did get finance approval for me and sent me the agreement as an email attachment, which I typed my name into and checked a box next to the following statement:

I/WE hereby agree to accept delivery of the above vehicle, within once month of the requested delivery date subject to availability. In the event of I/WE cancelling this order for any reason I/WE shall be liable to pay a cancellation fee of 3 times the monthly payment to Stoneacre Motor Group. This is a legally binding contract, please sign only if you wish to be bound by the terms and conditions set out within it.

My local dealer reckons it isn't binding, but then they WOULD say that, wouldn't they?

Anyone got an informed opinion on here?

Thanks.

debtdebt

Did Stoneacre ask for a signed copy of the agreement as well as the emailed one? If not, the email one may be binding?

Shandy123

This is the wording of the email which had the agreement attached:

'Thank you for sending me your proposal. I am pleased to confirm that it has been accepted. Please find attached the order for your new car. When you get a minute please check the details and send me back a signed copy and I will get it processed for you.



If you don’t have a scanner just confirm on the email that you are happy with the details and I can use your email as confirmation'

What do you reckon?

DoaM

Looks cut and dried to me ... you have a contract with Stoneacre.

Clive_Woody

Not sure if distance selling regs apply or if there might be a cooling off period.

Shandy123

Well, that sounds promising. What're the distance selling rules?

Mercdriver

Distance selling rules won't apply in certain circumstances, particularly if any element of the purchase is personalised.

loskie

14 day cooling off period applies surely?

marlot

loskie wrote: »

14 day cooling off period applies surely?

With PCP, you can often back out of the finance within 14 days, but are often commited to the car.

I've backed out of the finance a couple of times :-)

AnotherJoe

Shandy123 wrote: »

This is the wording of the email which had the agreement attached:

'Thank you for sending me your proposal. I am pleased to confirm that it has been accepted. Please find attached the order for your new car. When you get a minute please check the details and send me back a signed copy and I will get it processed for you.

If you don’t have a scanner just confirm on the email that you are happy with the details and I can use your email as confirmation'

What do you reckon?

That implies to me that unless you have sent back the signed copy or sent back an email, they haven’t processed it and you are OK. Did you do either of those ?

arcon5

Looks clear cut you've entered in to an agreement.

No harm in phoning them and telling then you have changed your mind. See what they say