Cancelling a new car build.

Manxman_in_exile

_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.

Several people have mentioned it.  You DO NOT have to complete the purchase to cancel a distance/off premises contract.  (See my earlier post linking to the actual legislation)

Manxman_in_exile

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.

Do you think the dealer is legally qualified?  The OP hasn't said so.

Manxman_in_exile

rachel204 - good luck, but following on from my earlier question, can the contract be concluded without you physically attending the dealer's premises in the dealer's presence?  (So you don't have to visit the dealership for any reason - eg to sign paperwork - and you haven't visited the dealer at any stage of this process?)

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded...

“off-premises contract” means a contract between a trader and a consumer which is any of these—

(a) a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;

(b) a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;

(c) a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer;

(d)a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer;... "

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

rachael204

@Manxman_in_exile not stepped foot in the showroom! 

Had the original quote via car wow, spoke to dealership on phone. Remotely signed contract via replying to a text message with a code. 

Paid deposit via bank transfer. We hadn’t decided on how to receive the car, we had the option of an extortionate fee to deliver or pick up from the dealership. 

Still no reply from the dealership!

Manxman_in_exile

So your order could qualify as a distance/off-premises sale because you could opt for the extortionate delivery to your home without ever having to visit the dealer's premises for any reason connected with the order whatsoever?

Manxman_in_exile

I suppose there are no added complications around separate finance etc arrangements?

rachael204

It definitely should qualify as a distance sale as we haven’t been anywhere near the dealership! In fact they are just over 100 miles away!

GrumpyDil

This is a distance contract whatever delivery/collection method is chosen.

The contract was completed when the company accepted the order and deposit from a distance. That was the point at which the right to cancel became effective and that can't change irrespective of delivery options that may be agreed later. 

Grey_Critic

neilmcl said:

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.*****

The only person who can definitively answer the question is the other party - The Dealer - they will have Terms & Conditions and will have a clause that covers this and the OP will have agreed these when the order was placed. We can only express our own opinions.

The_Fat_Controller

@Grey_Critic, there is NO get out clause from the regulations.

It's a distance sale and the OP can cancel at any time from the order until 14 days after delivery.

That's the LAW !