Cancelling a new car build.

Ectophile

Grey_Critic said:

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 law overrules any Terms and Conditions.

neilmcl

Grey_Critic said:

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 dealer's T&Cs do not overwrite consumer law. Whilst you're correct we can only express our own opinions, mine is based on, and backed up by, my knowledge of the prevailing legislation.

Grumpy_chap

This article will help explain the difference for those that have not accepted the difference between buying the car at the dealer and distance purchase (which the OP has):
https://www.thecarexpert.co.uk/bought-a-car-and-changed-my-mind/#:~:text=In a nutshell, you have,of their returns/cancellation policy.

Hope the OP gets their money back quickly and easily.

I suspect there are a sufficient number of car sales staff who don't know the rules on distance selling either.  Especially as many dealers try to have the system whereby you attend to "complete the paperwork" in person.  It is probably a big increase in true "distance selling" CC(ICaAC)R2013 car purchases since COVID.

Manxman_in_exile

GrumpyDil said:

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. 

Is it as clear as that though?  Has the contract been "concluded" (the term used in the legislation as part of the definition of a distance sale) when the order was accepted and the deposit paid, or is there more to "conclusion" than that? 

Surely the contract cannot be "concluded" before delivery of the car to the purchaser?  So if the contract provides for the car to be picked up by the purchaser from the dealer's premises and in the physical presence of a representative of the dealer, is that still a distance sale?

(By the way, I don't know the answer to this question but would like to know how you are so sure)


EDIT:  The point I'm making is that "concluded" is rather a specific term to use and I think it conveys rather more than merely "an order was made" or "an agreement to purchase was reached" etc etc.   To me it implies something more like the contract has been fulfilled. 

But I'm not sure - hence the question... 

photome

rachael204 said:

@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!

Have you tried calling them

GrumpyDil

Interesting question which could leave you in two positions. 

1). The contract has a clause in it that says the contract is not complete until the car has been provided to the purchaser. 

In that event the purchaser does not need to cancel the contract as there is no contract to cancel, they merely withdraw their offer to purchase the car. As there was no contract they would be entitled to their money back.

2) The contract was concluded at the time that the order was accepted and therefore purchaser has the right to cancel as it was a distance contract.

Now I'm going for option 2 as being the most likely scenario mainly because option 1 would leave the purchaser in the position of being able to walk away at any point in time whereas as least option 2 would probably make most purchasers think they were obliged to accept delivery of the car.

Grumpy_chap

A contract is "concluded" once there is valid offer and acceptance, i.e. when the order is placed.

Delivery and payment is contract "completion".

macman

If the contract were not completed until the balance is paid and the car supplied, then, by definition, there is no contract in place now or at the the time the manufacturer builds the car. The OP can cancel the order and get their deposit back even when the car is delivered to the dealer and ready to go. Clearly, this would be absurd, so I have no doubt that the contract was made at the time the deposit was paid.
I also suspect that the dealer is perfectly well aware of the OP's right to cancel, but is bluffing in order to retain the sale. With £50k t/o at stake, I wouldn't expect them to just meekly roll over and accept cancelation without a fight.

rachael204

Good news! Email received today from dealer asking for my bank details to return my deposit! 

Thank for all the advice guys

Grumpy_chap

rachael204 said:

Good news! Email received today from dealer asking for my bank details to return my deposit! 

Thank for all the advice guys

Excellent!
Glad it worked out for you