Cancelling a new car build.

Herzlos

the 14-day distance sales doesn't apply if the item is bespoke or customised, but I'm not sure if adding any manufacturer options would count.

Manxman_in_exile

Already discussed.  Choosing from options offered by the manufacturer does not equate to bespoke or customised. 

Manxman_in_exile

The_Fat_Controller said:

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.

Isn't the motor "ombudsman" a trade funded body?  They aren't the FSO and they aren't independent are they? I doubt anything they say would be given too much weight in a court of law.

Where does it say in the CCR that the order can only be cancelled after it's been completed?

Manxman_in_exile

This?

Right to cancel

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except 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) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.

(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the consumer to enter into a distance or off-premises contract, at any time before the contract is entered into, without giving any reason and without incurring any liability

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Cancellation period starts when contract is entered into and ends (basically) 14 days after customer takes delivery

The_Fat_Controller

@Manxman_in_exile

THANK YOU (in big) as Judge Rinder would say.

Manxman_in_exile

Let's see if everybody agrees with me first...   

The_Fat_Controller

The "WHICH" website concurs.

Grumpy_chap

The_Fat_Controller said:

The "WHICH" website concurs.

Thanks T_F_C and M_i_e - very useful clarifications.  There was (as I intimated at the time) an abject lack of logic in my comments earlier in the thread that the delivery might have to happen before the right to cancel exists.  Although, the t's&c's shared by the OP still seem to indicate that could be required - no doubt written by the garage to work in their favour.

In this case, I wonder whether the OP can demonstrate that it was always intended to be a distance purchase in totality? 
Over a £50k order, I am sure the dealer will try to force the deal through to complete.  If the original paperwork related to the vehicle being collected, then the dealer would ask the purchaser to "sign some papers" in the showroom and negate the distance selling rules.
If the OP now changes from collection to delivered to home, then would the dealer's charge for delivery be set needlessly high?  Becomes irrelevant of course if the OP can then cancel under remote purchase criteria.

From what I can tell, many of the car dealers promote "click and collect" rather than "delivered to home" and that paperwork on collection is surely carefully written to negate the distance selling right to return.

The_Fat_Controller

@Grumpy_chap, the scenarios at the bottom of this page are quite useful.

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

Manxman_in_exile

rachael204 said:

...

It is due to be built 30/04/21 with us taking delivery end of May.

...

Obviously they can’t force me to the dealership and pay them with cash I don’t have for a car I no longer need/want/can afford. 

What are my options? Have I lost the deposit (not the end of the world but who can afford to just wave goodbye to a grand?) are there distance selling rules that apply to this order? We haven’t physically been to the dealership at all.

Any advice welcome! Thank you 😊 

rachael204

OK - so you haven't visited the dealership yet and everything so far has been done at a distance.  But how is the contract intended to be concluded?  Is the car going to be physically delivered to you at a place other than the dealer's premises?  Will all the paperwork have been completed away from the dealer's premises?  Will you be going to their premises at all in connection with this purchase?