Cancelling a new car build.

The_Fat_Controller

@macman all a bit of a moot point as the contract was at distance and the OP has always had the right to cancel within 14 days of delivery.

macman

True, but you don't agree a contract for a £50k vehicle with the expectation that you'll be cancelling it. They weren't even aware that they could.
The fact that the OP ordered remotely is purely coincidental, hence their first question 'are there distance selling regs that apply?'

JamoLew

The_Fat_Controller said:

@macman all a bit of a moot point as the contract was at distance and the OP has always had the right to cancel within 14 days of delivery.

I think this is the point that @Grumpy_chap was making and was raised earlier in the thread

The right to cancel within 14days is there - However, the OP has to pay 50k  (which they don't have) to fulfill the delivery criteria

neilmcl

JamoLew said:

The_Fat_Controller said:

@macman all a bit of a moot point as the contract was at distance and the OP has always had the right to cancel within 14 days of delivery.

I think this is the point that @Grumpy_chap was making and was raised earlier in the thread

The right to cancel within 14days is there - However, the OP has to pay 50k  (which they don't have) to fulfill the delivery criteria

No they don't. Legally you are not obliged to wait until the order had been completed and product delivered before cancelling under the terms of the CCRs.

Jenni_D

neilmcl said:

JamoLew said:

The_Fat_Controller said:

@macman all a bit of a moot point as the contract was at distance and the OP has always had the right to cancel within 14 days of delivery.

I think this is the point that @Grumpy_chap was making and was raised earlier in the thread

The right to cancel within 14days is there - However, the OP has to pay 50k  (which they don't have) to fulfill the delivery criteria

No they don't. Legally you are not obliged to wait until the order had been completed and product delivered before cancelling under the terms of the CCRs.

That's my understanding too ... a consumer has the right to cancel at any time from ordering and up to 14 days after delivery. (If the seller hasn't provided certain information to the consumer regarding the distance sale then the time limit may be up to 1 year 14 days after delivery, or 14 days after the information is provided - whichever comes first).

That's the status for general consumer contracts made at a distance - I don't know if there are caveats with regards to vehicle sales, other than possibly a reduction in the refund amount if the cancellation is made after delivery.

AdrianC

CCRs or DSRs?

The OP isn't taking credit out, so Consumer Credit Regs are irrelevant.

The DSR right to return is to allow a reasonable period of inspection post-distance-sale.

As it happens, the contract does seem to allow a cancellation, but I don't see any legal basis for insisting on pre-delivery cancellation without sacrificing the deposit.

Jenni_D

CCRs are the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, not the Consumer Credit Regs (which don't actually exist AFAIK - it's the Consumer Credit Act). The CCRs superseded the Distant Selling Regulations (DSRs).

neilmcl

AdrianC said:

CCRs or DSRs?

The OP isn't taking credit out, so Consumer Credit Regs are irrelevant.

The DSR right to return is to allow a reasonable period of inspection post-distance-sale.

As it happens, the contract does seem to allow a cancellation, but I don't see any legal basis for insisting on pre-delivery cancellation without sacrificing the deposit.

CCRs = Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the DSRs no longer exist.

mattyprice4004

rachael204 said:

Thanks all. I am going to reply to their email and set out the facts - I can’t/won’t pay so it’s up to them what they do! As far as I am concerned they can keep the deposit, that’s fair as I did place an order. But you can’t get blood out of a stone - they can’t make me pay them with what I don’t have!

Ultimately they can, that's what court is for and if it got that far they could put a charge on your house etc.
Obviously that'd be way, way down the line - but you need to forget the notion that just because you don't want to pay for something doesn't mean you get out of it - the legal system exists to extract money where owed even if you don't have the cash.

Assuming that just because you feel you can no longer pay means you don't have to is a very naive way of thinking. 

It appears to me that DSRs would apply here - I'm just throwing this out there for future reference. 

The_Fat_Controller

I'm ready for a kicking if I am wrong, I am assuming everything is done at a distance.

Reading from here

https://www.themotorombudsman.org/distance-sales-faqs

The OP had 14 days to cancel from the initial order.

If that period has passed and unless the contract with the dealer allows cancellation in the period 14 days after the order and before delivery, the OP is now obliged to buy the car.

However, they have the absolute right to return the car for a full refund within 14 days of delivery.

It that's middle period, from 14 days after the order until delivery that seems to be the minefield.