Cancelling a new car build.

neilmcl

Herzlos said:

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.

We've already covered this, it doesn't.

Grey_Critic

Lot of advice but none actually answers the question. The only person able to give you the definitive answer is the dealer.

Time is ticking by so the quicker you speak with them the better.

There may well be a cut-off point where you can cancel with little or no penalty but you need to act NOW.

neilmcl

Grey_Critic said:

Lot of advice but none actually answers the question. The only person able to give you the definitive answer is the dealer.

Time is ticking by so the quicker you speak with them the better.

There may well be a cut-off point where you can cancel with little or no penalty but you need to act NOW.

The OP has very much had the correct and definitive answer to their question. They can use the CCRs to cancel the contract and get their deposit back.

rachael204

Thanks all

I have sent my reply - see below. As the build isn't due to start til 30/04 and I first contacted them by email on 21/4 (which was ignored)  I don't see why they can't cancel the build - surely these days it is just the push of a few buttons at the JLR factory and the next vehicle gets built instead. 

MY REPLY........

Dear Sir/Madam

The below is taken directly from your own terms and conditions. As before, I contacted you on 21/4/21 and again on 26/4/21 to cancel the order and would be grateful if you could confirm this has now been done. 

 Where you deal as a Consumer and the Vehicle Order Form has been negotiated and entered into and the Vehicle then delivered (i) without any face to face contact between you and the Seller; or (ii) entirely in a place which is not the business premises of the Seller, then you may give the Seller notice that you wish to cancel the Contract without giving any reason for doing so within 14 calendar days of the date of delivery of the Vehicle to you, unless the Vehicle is being built to, adapted or converted to your specification after it has left the Vehicle manufacturer’s factory in which case this right to cancel does not apply. If you wish to exercise this right, you must send written confirmation by email or letter to the Seller. You can choose, but do not have, to use the cancellation form at the end of these Terms when providing us with your written notice of cancellation.

 If you cancel the Contract under clause 11.1, then the Seller will reimburse any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation where the Vehicle has not been delivered or, where it has been delivered, within 14 days of you returning the Vehicle to the Seller together with the V5, all keys, the Vehicle’s book pack and all Vehicle accessories. You must return the Vehicle within 14 days of your cancellation at your cost. The reimbursement will be made using the same means of payment as you used to pay the Seller, unless you and the Seller have expressly agreed otherwise. 

In your email you advise that the order can’t be cancelled.  As I have not visited your premises at all during the period of this transaction may I refer you also to the Consumer Contracts Regulations which state that ”Your right to cancel an order for goods made at a distance starts from the moment you place your order and ends 14 days from the day you receive your goods”

Clearly I am within my rights to cancel, due to circumstances beyond my control I can no longer pay for the vehicle, it has not been built yet, it has not been personalised in any way that makes it bespoke and it is no longer required.

I would appreciate it if you could reimburse me the £1000 as soon as possible.

Many thanks 

Grumpy_chap

Thanks @rachael204 - good luck and please do confirm the outcome.

_chriswordley

Bit late to the party but keeping an eye on how things go.

Surely to return the car before your 14 day period you'd have to complete the sale? Not seen many mention this at all.

GrumpyDil

_chriswordley said:

Bit late to the party but keeping an eye on how things go.

Surely to return the car before your 14 day period you'd have to complete the sale? Not seen many mention this at all.

Nope CCR'S specify a cancellation period for distance purchases from the date the order is placed until 14 days after receipt. So OP us within their rights to cancel the order prior to delivery. 

Jenni_D

And as I mentioned earlier in the thread, that time limit could theoretically be 1 year 14 days after delivery.

macman

How was the original order confirmed/deposit paid? It's not going to be done without a signature on a £50K order surely? So was the order form posted, signed and returned? Is it possible that other documentation was signed which nullifies the OP's rights to cancel under CCR?

The_Fat_Controller

@macman, I purchased a car last month.

Everything was done online and I did not sign a single piece of paper, it was all done via a secure portal using a system called DocuSign.