Distance selling rights in relation to PCH car?

scisa101

Hi all,

I have a question in regards to the subject. 

I took out a PCH car with Arval via a broker. The contract stipulates I have a 14 day cooling off period, but I wasn’t able to arrange deliver until after that period had elapsed. I have now received the car and I’m not happy with it. 

It’s my understanding that because this was a distance purchase, ie done over the phone, email and online, that I have a right to cancel from 14 days after the delivery date, rather than 14 days from the date the contract was completed. 

Is this correct, and if so, how do I go about exercising this right? 

Thanks in advance!

MarvinDay

I don't think that the 14 day cancellation from the date of delivery applies because you have not entered into a sales contract.
PCH is a hire scheme and you never actually own the vehicle, you are simply hiring it for the duration of the contract.

Because of this, the cancellation period that does apply is that which covers financial agreements and although this is still 14 days, it is 14 days from when the contract was entered into.

k3lvc

I'm assuming this is a new vehicle - if so in what way are you 'not happy with it' ? Change of mind or a fault/issue with the vehicle ?

shiraz99

scisa101 said:

Hi all,

I have a question in regards to the subject. 

I took out a PCH car with Arval via a broker. The contract stipulates I have a 14 day cooling off period, but I wasn’t able to arrange deliver until after that period had elapsed. I have now received the car and I’m not happy with it. 

It’s my understanding that because this was a distance purchase, ie done over the phone, email and online, that I have a right to cancel from 14 days after the delivery date, rather than 14 days from the date the contract was completed. 

Is this correct, and if so, how do I go about exercising this right? 

Thanks in advance!

Your car hire isn't covered by the Consumer Contract Regulations so distance selling regulations for goods and services doesn't apply. Your 14 day cooling period comes courtesy of the Consumer Credit Act and Distance Marketing Regulations and the period begins the day after you make your agreement, not when the car is delivered to you.

Grumpy_chap

The OP needs to clarify:
1. This is definitely a PCH contract?  Personal Contract HIRE (lease).
2. In what way is the OP unhappy with the car?  

shiraz99

Grumpy_chap said:

The OP needs to clarify:
1. This is definitely a PCH contract?  Personal Contract HIRE (lease).
2. In what way is the OP unhappy with the car?  

The OP said it was a PCH, plus he got it from Arval, who are a lease hire company.

I agree though that he needs to say why he's not happy with it.

bris

Doesnt really matter why they are not happy with it, the contract is now binding so cancelling will have penalties and not be cheap ones.

Grumpy_chap

bris said:

Doesnt really matter why they are not happy with it, the contract is now binding so cancelling will have penalties and not be cheap ones.

If they are unhappy with it because of fault, then remedial action should be taken by the supplier.

k3lvc

Grumpy_chap said:

bris said:

Doesnt really matter why they are not happy with it, the contract is now binding so cancelling will have penalties and not be cheap ones.

If they are unhappy with it because of fault, then remedial action should be taken by the supplier.

But they're not returning to answer the questions so it's all conjecture now

photome

Will any more info be forthcoming?  

sheramber

Not unless the OP returns