PCH cancellation

Turbogal

Hello,
I went into a dealership on 30/4/2021 to purchase a brand new electric vehicle on a PCH, order put in subject to the finance agreement and £1000 deposit paid on my credit card. P'ex agreed on my current vehicle which was written into the agreement. I have the rest of the deposit in my savings.
PCH finance was approved on 7/5/2021.  I then saw on the 18th May that the model above, which was my preferred choice, had come down in price.  I contacted the dealership and he came up with some figures which were agreeable and he put in for the finance which again was approved. I did ask at that time if the finance was not approved for the more expensive vehicle would that mean that the finance for my original choice would still stand and he said yes, they can't go back on the approval for it.
Then my current vehicle decided that it was going to throw out two front springs and need a new (wide) tyre, so I have to fork out £700 out of my savings to pay for these. Obviously I have got the bills to prove this. I got in touch with the dealership to say that this unexpected expense had come up and I would have to go for the original vehicle order as the repairs had put a dent in my deposit.
He then told me that he had been on a day off and his colleague had spotted that my finance had been approved and had ordered the more expensive vehicle and it would be due to be delivered on the 15th June, I had no contact from the dealership in relation to this at all. I have a signed vehicle order form for the original vehicle only.
The dealer has now said that if I want to go back to the original order then they are going to have to go back to the dealer finance to get approval for the original car. I contacted the finance people myself and they said that my original application now said "not proceeding" and they had approved the more expensive one.
My part ex vehicle is due a MOT and Service on the 28/6/2021 and if I went with the more expensive option they want me to do the MOT and service before I part ex it.
The part ex forms state that my vehicle has to have a current MOT and full service history, which it would have on the 15th June.
Thanks for reading the above and I hope that I have articulated it enough to make sense.  My question is where do I stand now, I had no knowledge that they were going to order the more expensive vehicle.
To be honest my head hurts with this all now, I would just rather cancel it all and start again when my finances are back to where they should be, however, the dealership have told me that I CANNOT cancel a PCH order, is this right?

AdrianC

So clarifying and removing the stuff not directly related...

A fortnight ago, you ordered a new car. You paid the deposit. You have paperwork for this order. You were approved for finance for this order.

11 days later, 3 days ago, you changed your order to a different car from the same manufacturer/dealer. You do not have paperwork for this change. You were approved for finance for the change.

Since then, you have asked to change your order back to the original model. Expenditure unrelated to the car purchase has meant that you are worried you may not be approved for the finance for it.

You now want to cancel the entire order.

What does your order say about cancellation?

The_Fat_Controller

As placed the order in person at the dealership the only rights to cancel are those detailed in the contract you signed.
Get reading !

Grumpy_chap

If your emergency fund is so stretched that an unexpected £700 impacts the ability to meet the deposit for a new car, are you too stretched already to get into a finance commitment for a new car?  Building an emergency fund and financial resilience would seem to be more urgent.

As others have said, read the contract for cancellation rights.  Are you still within a "cooling off" period?

Turbogal

AdrianC said:

So clarifying and removing the stuff not directly related...

A fortnight ago, you ordered a new car. You paid the deposit. You have paperwork for this order. You were approved for finance for this order.

11 days later, 3 days ago, you changed your order to a different car from the same manufacturer/dealer. You do not have paperwork for this change. You were approved for finance for the change.

Since then, you have asked to change your order back to the original model. Expenditure unrelated to the car purchase has meant that you are worried you may not be approved for the finance for it.

You now want to cancel the entire order.

What does your order say about cancellation?

Thanks for replying.  I have a vehicle order form for the original vehicle only - attached to that is a 6 page document of the Terms and Conditions. I have not signed any finance documents yet. 
Section on cancellation reads as follows:
5. Cancellation
5.1 The Customer shall have the right to cancel a contract for the purchase of goods, only with 14 days of receipt of notification of;
5.1.1 Any price increase of the good and/or
5.1.2 Any material change in the specification of the good to the demise of the customer and/or
5.1.3 Any unforeseen delay in delivery
5.2 The Company shall have the right to cancel the contract within 14 days of receipt of the notification from its supplier that the supplier is not able to supply the Goods and the Company shall have no further liability to the Customer.
5.3 Any deposit paid by the Customer to the Company shall be refundable in full following cancellation pursuant to clauses 6.1 and 5.2 above
(The typo in 5.3 referring to clause 6.1 is as on their paperwork)

So on reading this and I had read it, it appears that they are the only ones that can actually cancel the order, not me?

Turbogal

The_Fat_Controller said:

As placed the order in person at the dealership the only rights to cancel are those detailed in the contract you signed.
Get reading !

Please see my post above, it looks as though the dealer is the only one that can cancel the order?

neilmcl

Turbogal said:

The_Fat_Controller said:

As placed the order in person at the dealership the only rights to cancel are those detailed in the contract you signed.
Get reading !

Please see my post above, it looks as though the dealer is the only one that can cancel the order?

You do get the fact that you're not buying a car but merely renting it?

Turbogal

neilmcl said:

Turbogal said:

The_Fat_Controller said:

As placed the order in person at the dealership the only rights to cancel are those detailed in the contract you signed.
Get reading !

Please see my post above, it looks as though the dealer is the only one that can cancel the order?

You do get the fact that you're not buying a car but merely renting it?

Yes, I do understand the difference between PCP and PCH, but thanks for checking

Grumpy_chap

Did you place the order in person or remotely?

neilmcl

Turbogal said:

neilmcl said:

Turbogal said:

The_Fat_Controller said:

As placed the order in person at the dealership the only rights to cancel are those detailed in the contract you signed.
Get reading !

Please see my post above, it looks as though the dealer is the only one that can cancel the order?

You do get the fact that you're not buying a car but merely renting it?

Yes, I do understand the difference between PCP and PCH, but thanks for checking

The why are you bothered whether the original car's price was being reduced or not. You've agreed to rent a car at a fixed monthly fee, the cost or value of the car is irrelevant. Just cancel the car lease and move on.

AdrianC

Turbogal said:

AdrianC said:

So clarifying and removing the stuff not directly related...

A fortnight ago, you ordered a new car. You paid the deposit. You have paperwork for this order. You were approved for finance for this order.

11 days later, 3 days ago, you changed your order to a different car from the same manufacturer/dealer. You do not have paperwork for this change. You were approved for finance for the change.

Since then, you have asked to change your order back to the original model. Expenditure unrelated to the car purchase has meant that you are worried you may not be approved for the finance for it.

You now want to cancel the entire order.

What does your order say about cancellation?

Thanks for replying.  I have a vehicle order form for the original vehicle only - attached to that is a 6 page document of the Terms and Conditions. I have not signed any finance documents yet. 
Section on cancellation reads as follows:
5. Cancellation
5.1 The Customer shall have the right to cancel a contract for the purchase of goods, only with 14 days of receipt of notification of;
5.1.1 Any price increase of the good and/or
5.1.2 Any material change in the specification of the good to the demise of the customer and/or
5.1.3 Any unforeseen delay in delivery
5.2 The Company shall have the right to cancel the contract within 14 days of receipt of the notification from its supplier that the supplier is not able to supply the Goods and the Company shall have no further liability to the Customer.
5.3 Any deposit paid by the Customer to the Company shall be refundable in full following cancellation pursuant to clauses 6.1 and 5.2 above
(The typo in 5.3 referring to clause 6.1 is as on their paperwork)

So on reading this and I had read it, it appears that they are the only ones that can actually cancel the order, not me?

Yes, by placing that order and paying that deposit, you agreed to those being the cancellation terms.