Distance sell

mickmacb1

hi there.  Is there a loophole in the law.  If I buy a car true distance sell and I take the dealer finance (HP) it looks like my 14 days cancellation after delivery is annuled on the basis that finance is excluded under consumer contracts legislation.  Thoughts.

neilmcl

mickmacb1 said:

hi there.  Is there a loophole in the law.  If I buy a car true distance sell and I take the dealer finance (HP) it looks like my 14 days cancellation after delivery is annuled on the basis that finance is excluded under consumer contracts legislation.  Thoughts.

No loophole. The finance and sale of the car are 2 completely separate things. As far as distance selling is concerned the CCRs will cover the cancellation of the car contract however it does not cover the finance. With this you need to exercise your 14 days right to cancel the finance under the Consumer Credit Act.

You need to arrange this all with the finance co. as strictly speaking the car belongs to them so they will need to roll back the sale.

phoenix1873

I bought an item online and decided I didn't want it, but the company (in China) wont givr me a return address to send it back. What do I do now, I've emailed them 14 times and they just give me excuses

Aylesbury_Duck

phoenix1873 said:

I bought an item online and decided I didn't want it, but the company (in China) wont givr me a return address to send it back. What do I do now, I've emailed them 14 times and they just give me excuses

I'm afraid your purchase is probably governed by Chinese consumer law.  Have you checked that they have a similar distance-selling law to ours?

davidmcn

Aylesbury_Duck said:

phoenix1873 said:

I bought an item online and decided I didn't want it, but the company (in China) wont givr me a return address to send it back. What do I do now, I've emailed them 14 times and they just give me excuses

I'm afraid your purchase is probably governed by Chinese consumer law.  Have you checked that they have a similar distance-selling law to ours?

And even if they don't, had the company said you would be able to return it if you changed your mind?

unholyangel

neilmcl said:

mickmacb1 said:

hi there.  Is there a loophole in the law.  If I buy a car true distance sell and I take the dealer finance (HP) it looks like my 14 days cancellation after delivery is annuled on the basis that finance is excluded under consumer contracts legislation.  Thoughts.

No loophole. The finance and sale of the car are 2 completely separate things. As far as distance selling is concerned the CCRs will cover the cancellation of the car contract however it does not cover the finance. With this you need to exercise your 14 days right to cancel the finance under the Consumer Credit Act.

You need to arrange this all with the finance co. as strictly speaking the car belongs to them so they will need to roll back the sale.

Older comment I know but s38 of the CCRs means that if the main contract (in this instance for the car) is cancelled then any anciliary contract is automatically cancelled too, even if it's finance.

38.—(1) If a consumer withdraws an offer to enter into a distance or off-premises contract, or cancels such a contract under regulation 29(1), any ancillary contracts are automatically terminated, without any costs for the consumer, other than any costs under these provisions—
(a)regulation 34(3) (where enhanced delivery chosen by consumer);
(b)regulation 34(9) (where value of goods diminished by consumer handling);
(c)regulation 35(5) (where goods returned by consumer);
(d)regulation 36(4) (where consumer requests early supply of service).

(2) When a trader is informed by a consumer under regulation 32(1) or (2) of a decision to withdraw an offer or cancel a contract, the trader must inform any other trader with whom the consumer has an ancillary contract that is terminated by paragraph (1).

(3) An “ancillary contract”, in relation to a distance or off-premises contract (the “main contract”), means a contract by which the consumer acquires goods or services related to the main contract, where those goods or services are provided—
(a)by the trader, or
(b)by a third party on the basis of an arrangement between the third party and the trader.

(4) Regulation 6(1)(b) (exclusion of financial services contracts) does not limit the contracts that are ancillary contracts for the purposes of this regulation.