PCH Contract- Car not being delivered till december- can I cancel without fee

jvint1

Hi Everyone- completely new to this and need some advice please- ill try to keep it quick and simple

I ordered a landrover Personal contract hire with a dealer just over 2 months ago- the car is due for delivery in mid december but I do not have it yet and it has not even been built -my circumstances have now significantly changed and I just cannot afford the cost-  iv asked the dealer to cancel but they are stating a 1500+vat cancelltion fee- we simply do not have the £1800 - is this valid from landrover and is there anything I can do about it- please help! many thanks

Ayr_Rage

It could be valid but to be certain it's time to dig out your contract.

jvint1

Ayr_Rage said:

It could be valid but to be certain it's time to dig out your contract.

Here is how it reads- what do you think?

13. CUSTOMER UNAUTHORISED CANCELLATION OR BREACH

(a) Except where the Customer is given a right to cancel its order in these terms and conditions or the Customer is

entitled to do so by law, then no order which has been accepted by Sytner may be cancelled by the Customer unless

Sytner has agreed to the cancellation in writing. Where cancellation is agreed clause 13 (b) below shall apply.

(b) Where the Customer (1) cancels its order (other than where the Customer is entitled to do so by law or under clause

2(c) or clause 14, or where the manufacturer price is increased and the customer is given the opportunity to cancel) or

(2) otherwise fails to collect the Goods or (3) breaches the contract so that it is ended then Sytner shall be entitled to be

compensated and paid a sum equivalent to a reasonable administration fee and any damages, loss or expenses which

Sytner may have suffered or incurred by reason of the Customer’s cancellation or default (including as a result of selling

the Goods at a lower value) and storage costs. Such sums may be deducted from any deposit or other money paid by

the Customer and the balance (if any) shall be returned to the Customer. If the losses Sytner has suffered exceed the

deposit paid then the Customer shall be liable to Sytner for the excess amount. Sytner may, at its option elect to return

any part-exchange vehicle or to retain it (in which case the agreed part-exchange Allowance, after deduction of the sums

paid by Sytner in accordance with clause 5(a) to settle any finance or other interests affecting the part-exchange vehicle,

shall be treated as part of the sums paid by the Customer for the purpose of this clause). If the amount paid to settle any

finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse

Sytner on demand.

born_again

Duplicate thread

https://forums.moneysavingexpert.com/discussion/6479208/land-rover-pch-cancellation-please-help#latest

jvint1

born_again said:

Duplicate thread

https://forums.moneysavingexpert.com/discussion/6479208/land-rover-pch-cancellation-please-help#latest

yes thought it was more about contracts than just the car so thought here might be better sorry

molerat

What do clauses 2(c) and 14 state ?

then Sytner shall be entitled to be compensated and paid a sum equivalent to a reasonable administration fee and any damages, loss or expenses whichSytner may have suffered or incurred by reason of the Customer’s cancellation or default

jvint1

2(c) If the Goods are not delivered within three calendar months of the estimated delivery date the Customer or Sytner

may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit

shall be returned and Sytner shall be under no further liability to the Customer.

jvint1

14. DISTANCE AND OFF PREMISES CONTRACTS

(a) In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if

the Customer as a private consumer has (1) entered into this contract prior to a face-to-face meeting with Sytner or (2)

DocuSign Envelope ID: 25178FED-6129-4785-BBB8-135345A2FE26

the contract is agreed face-to-face with Sytner in a place that is not Sytner’s business premises or (3) the Customer

places an order during a face-to-face meeting with Sytner that happens in a place that is not Sytner’s business premises

or (4) the contract is entered into on Sytner's business premises or through any means of distance communication

immediately after a face-to-face meeting between Sytner and the Customer in a place that is not Sytner’s business

premises, then the Customer may cancel the contract without giving any reason up to 14 days after the day upon which

the Customer (or anyone on the Customer’s behalf) takes possession of the Goods.

(b) In order to exercise the right to cancel the Customer must provide Sytner with a clear statement (e.g. a letter sent by

post, fax or email). The Customer may cancel the contract by using the model cancellation form provided with these

terms and conditions below but is not obliged to do so. The statement should be sent to Sytner using the contact details

contained within the order form within the 14-day cancellation period.

(c) On cancellation Sytner shall reimburse to the Customer all payments received from the Customer including any

delivery costs (unless the Customer expressly chose a method of delivery more expensive than the least expensive

option in which case the Customer will be reimbursed the value of the least expensive delivery method).

(d) Subject to clause 14(e) below on cancellation the Customer shall return the Goods to Sytner without undue delay and

in any event not later than 14 days after the day on which the Customer advises Sytner of the cancellation, at the

Customer’s cost. If the Customer fails to return the Goods, Sytner may make a charge for the cost of recovering the

Goods from the Customer, this is likely to cost a minimum of £100 and Sytner may deduct this charge from any sum that

Sytner must reimburse to the Customer.

(e) In the event the Customer entered into this contract in the circumstances described at points (2), (3) or (4) of clause

14(a) above and Sytner has delivered the Goods to the Customer, Sytner shall arrange for the Goods to be collected at

its own expense.

(f) Sytner will reimburse the Customer using the same means of payment as the Customer used (unless otherwise

agreed) without undue delay and in any event within 14 days after Sytner received the Goods back or, if earlier, 14 days

after the day on which the Customer provides evidence that the Goods have been sent back.

(g) On cancellation any related credit agreement or other ancillary contract will be cancelled. If the cancelled contract

involved a part-exchange Sytner will at Sytner’s discretion either return the part-exchange or pay the agreed partexchange

value (after deduction of the sums paid by Sytner in accordance with clause 5(a) to settle any finance or other

interests affecting the part-exchange vehicle) to the Customer. If the amount paid to settle any finance or other interest

exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Sytner on demand.

(h) If the value of the Goods is diminished because of the Customer handling the Goods beyond what is necessary to

establish the nature, characteristics and functioning of the Goods, Sytner may recover that amount from the Customer

and Sytner can deduct it from the reimbursement provided for under clause 14(c) of these Terms and Conditions. Sytner

will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 100 miles as

going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.

(i) If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the

right to cancel the contract.

15. LIABILITY

MrFrugalFever

I would explain that you will be put in to financial hardship if you continue with the agreement and you feel it is unreasonable for them to withhold that amount of deposit, given the car hasn't even been built. Hopefully they may come to some mutual agreement with you.

It is a bit silly entering in to an agreement with an expensive, premium manufacturer when you can't afford it though.

jvint1

MrFrugalFever said:

I would explain that you will be put in to financial hardship if you continue with the agreement and you feel it is unreasonable for them to withhold that amount of deposit, given the car hasn't even been built. Hopefully they may come to some mutual agreement with you.

It is a bit silly entering in to an agreement with an expensive, premium manufacturer when you can't afford it though.

Thanks for the reply - really appreciate it- unfortunate change of circumstances but understand what you mean- thing is there was no deposit- they actually want to charge and invoice me for the £1800 now if I cancel

MrFrugalFever

I often find the best approach is to discuss it amicably with the sales manager and hope that they can come to some sort of arrangement with them. It will be the dealership charging you not the finance company.