Distance buying motorbike deposit question

Manxman_in_exile

Jenni_D said:

Does the dealer normally allow transactions to complete remotely? (They may have a website as an advertising medium, but if they don't normally allow remote transactions then [I think] there's an exception to the cancellation rule in the CCRs).

Unlikely to apply in this case, but it should be noted for completeness.

This is another thing I don't seem to fully understand.  All the OP has said is that they saw an advert on a website and paid a deposit over the 'phone.  Is that knowledge by itself sufficient for posters here to conclude it must be a distance sale?

The OP may have paid a deposit at a distance but if, for example, they've agreed to collect the bike from the dealer and/or pay the balance at the dealer's, does that still qualify as a distance sale?  (Obviously we don't know because the OP hasn't said, but doesn't the whole transaction have to be capable of being completed at a distance?)

neilmcl said:

... Buyers selling at a distance should be fully aware of the legislation involved and any payment, whether deposit or not, is refundable up until 14 days after the contract is concluded...

neilmcl said:

Yes, this is correct, it has be an 'organised' distance selling scheme rather than a one off but you'd be hard pressed to find any dealer these days who doesn't sell online in an organised fashion.

  
To be honest I'm amazed that any car or motorbike dealer bothers to sell online as I wouldn't have thought it was worth the hassle.  The potential disruption to business of selling relatively high value items online where the purchaser can just turn round within 14 days and cancel the contract doesn't seem worth the hassle to me... 

The 'bike or car doesn't even need to be faulty.

Jenni_D

Manxman_in_exile said:

Jenni_D said:

Does the dealer normally allow transactions to complete remotely? (They may have a website as an advertising medium, but if they don't normally allow remote transactions then [I think] there's an exception to the cancellation rule in the CCRs).

Unlikely to apply in this case, but it should be noted for completeness.

This is another thing I don't seem to fully understand.  All the OP has said is that they saw an advert on a website and paid a deposit over the 'phone.  Is that knowledge by itself sufficient for posters here to conclude it must be a distance sale?

That's why I raised that caveat ... it may not be as simple as others are stating.

meat_n2_reg

Hi 

Deposit was paid by phone 
Motorbike was to be delivered to my home address 
Full payment by phone before delivery 
No visit to bike shop 

So I would imagine it would be covered by distance selling ?

Thanks for all the replies 

Regards Steve 

Jenni_D

Based on your updated info - yes, CCRs apply so cancellation and full return of deposit is your lawful right.

How did you pay? (Debit or credit card). A chargeback/Section 75 claim would be in order if the seller tries to play silly games.

meat_n2_reg

Deposit paid by credit card 

Jenni_D

Good ... that means you could do a S75 claim if necessary. (Section 75 of the Consumer Credit Act 1974 makes the credit provider jointly liable with the seller for the performance of the contract).

meat_n2_reg

Good News - My job is now safe , so buying the new bike  

Cheers Steve