Distance selling dealership refusing to accept rejection of dangerous car and refusing refund

born_again

If only bought on 24th, odds on can't SORN as V5 won't have arrived yet. 
Personally, even if kept off road it want's insuring. When you are wanting to return.

mobileron

How did they pay for the car,credit card  hope.

Jenni_D

mobileron said:

How did they pay for the car,credit card  hope.

Already asked 3 days ago - the OP seemingly hasn't been back to the thread. 🙄

Nos4rtu

Sorry, been away.

It was paid for part by bank transfer and part cash on arrival. Maybe distance selling regs don't cover it, however the car is dangerous and can be rejected on those grounds, so has been

The dealer has now collected the car having 'sort of' agreed there is a problem with it, and has signed for it and the condition it was in as exactly the same as when he dropped it off.
He HASN'T refunded yet though. He's chuntering about fixing it and bringing it back.

Jenni_D

If you paid (any part) on collection then distance rules don't apply.

Nos4rtu

Thanks

He's had an LBA now and he's taken the vehicle back but hasn't refunded.

I'll update when there's news.

MarvinDay

Jenni_D said:

If you paid (any part) on collection then distance rules don't apply.

Simply paying part of the cost on collection doesn't automatically mean that it's not a distance contract.

For it to class as a distance contract, part of the requirement is:

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;

the important bit being "concluded" as the conclusion of a contract simply means that a point has been reached at which all parties are bound by that contract.
If the OP had paid a deposit and was leally required to pay the balance and the dealer was legally bound to supply the car, the contract had reached conclusion even if the remaining balance was paid in a face to face meeting.

Jenni_D

If what you say is correct - happy days.

Using the Argos example again - Order online, pay online, collect in store = Click and Collect = CCRs apply; Order (reserve) online, pay and collect in store = Click and Reserve = CCRs don't apply.

Grumpy_chap

MarvinDay said:

Jenni_D said:

If you paid (any part) on collection then distance rules don't apply.

Simply paying part of the cost on collection doesn't automatically mean that it's not a distance contract.

For it to class as a distance contract, part of the requirement is:

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;

the important bit being "concluded" as the conclusion of a contract simply means that a point has been reached at which all parties are bound by that contract.
If the OP had paid a deposit and was leally required to pay the balance and the dealer was legally bound to supply the car, the contract had reached conclusion even if the remaining balance was paid in a face to face meeting.

Many times, Car Dealers require some paperwork or other to be signed on collection and this is done specifically to exclude the CCR for a remote purchase.