Online deposit for Car T&C Advice for Powerlease

viperpurple
viperpurple Posts: 8
First Anniversary Combo Breaker
Forumite
edited 4 January at 10:25PM in Consumer rights
Hi,

I am interested in a vehicle on the site www.powerlease.co.uk. Their T&C's seem to clash with the Consumer Rights Act regarding distance selling.

Please can you give me your opinion if I paid the £500 deposit and then decided within the 14 days (without visiting the site or car in person) to not go ahead with the purchase. I am planning on getting the car delivered if I do go ahead and that will be £555 based on £2 per mile + VAT. If i get the car delivered and change my mind when I see it then I think I should get the full price back including the deposit and delivery.

Happy to add more detail if needed and I'm interested in any opinions as it isn't clear to me.

Below is the relevant T&C's

https://www.powerlease.co.uk/engage/configure/terms-of-use

Cancelling your reservation or booking and obtaining a refund
If you are a consumer and the reservation or booking date is at least 14 days after you received the Confirmation, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days of receiving the Confirmation and receive a refund. However, if you cancel a reservation after the date of the Confirmation, we will only refund that part of the reservation fee which the period between the date we receive your cancellation and the end of the reservation period bears to the total period between the date of the Confirmation and the end of the reservation period. Due to the work which will be require to prepare the vehicle for a test drive, there is no right to any refund if you cancel a test drive booking less than 14 days before the booking date. There is, of course, no right to cancel and receive any refund after you have inspected and/or test driven the vehicle, even if the 14-day period is still running.

To cancel the Order, please complete the Cancellation Form (Available on request) and send to L W Vass, Station Road, Ampthill, Bedfordshire MK45 2RB. We will email you to confirm we have received your cancellation.

Alternatively, you may telephone, email or write to us as described under "Who we are and how to contact us" above. If you are emailing us or writing to us, please include details of the Order to help us to identify it and your name and address. If you contact us to cancel by email or by post, then your cancellation is effective from the date you send the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

If you cancel the Order and are entitled to a refund of all or any part of the reservation fee you have paid, we will make the refund by the same method as you used for payment, as soon as possible and in any event within 14 days of your telling us you have changed your mind.

Thanks

Adam

Comments

  • Alderbank
    Alderbank Posts: 2,676
    First Anniversary First Post Name Dropper
    Forumite
    The reason it is not clear is perhaps because you have selectively quoted from the T&Cs, missing several bits out.

    This is not a contract of sale, it is a contract for services. The £500 is not a deposit, it is what they call a reservation or booking order. They say it is an offer by you to pay our charges for reserving the vehicle until, or booking a test drive on, the agreed date, subject to these terms.
    In other words you are paying £500 for the right to have a reservation placed on the car followed by a right to have a test drive and make an offer for the car.

    To comply with the regs you have 14 days when nothing happens to mull over whether you want to go ahead with the reservation. If you decide not to, your money is returned.

    After 14 days you have paid for the right to go for a test drive. If you decide you don't want the car you just walk away, nothing further to pay.

    They say that if you subsequently agree to purchase the vehicle, we may agree to credit the reservation/booking fee against the purchase price.
    In other words, if you buy we might treat the reservation/booking fee as a deposit, or again we might not.

    It is for you to decide whether £500 is an acceptable price to pay to be allowed to go for a test drive.

    Is it a Lamborghini?
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