Cooling off period

Cheechee

I bought a new car online, transactions were all done via email/phone calls and I didn't ever go to the dealership. Car was delivered to me. This was an off premises sale/distance sale.

I want to reject the car for various reasons (however I know I don't need to give a reason in the cooling off period). I've had the car 3 days.

I've contacted the dealer buy phone and email with no satisfactory response.

I've sent sent a final rejection email asking for the car to be collected and to be refunded within 14 days. I don't hold out much hope they will reply.

The dealership is not accredited to the motor ombudsman.

What will my next steps be if they don't respond.

I was looking into money claims online, is this a good route? Any other route

Would I get the fee back?

I know I'm within my rights to reject the car.

How can I get the dealership to play by the law?

Alderbank

Give them a little more time.
They might not have had a distance sale rejection before and are seeking legal advice. I believe that legal advice will confirm that you are correct.

How did you pay?
If you paid even partially with a credit card how much did the car cost?

ETA: 'I bought a new car...'  Just for clarity, this is a brand new vehicle, fresh from the manufacturer?

DullGreyGuy

Are you exercising your right to change your mind under CCR for a distance sale or your short term right to reject it as faulty/not as described under the CRA?

How did you pay for the car?

Who is currently in possession of the vehicle?

Cheechee

Thank you for your replies.

Yes I will give them the 14 days to reply which was in my rejection email.

The car was on finance but I've fully paid the finance company so this wouldn't be a stumbling block. I did a bank transfer to the finance company. No money is owing.

The car cost just under £37000.

I'm exercising my right to change my mind and reject the car in the cooling off period.

I have the car

Thanks for any advice

sheramber

You must stop using the car if you reject it.

Cheechee

Yes, it is a brand new car fresh from the manufacturer.

'You must stop using the car if you reject it.'

Is this the law?

Even tho they haven't accepted my rejection, do I still need to stop using the car.

I'm happy to leave the car at home and not use it but only if the law says I have to.  The car is ready for them to collect at any time but if they are not acknowledging my right to reject, it seems unfair if I can't use it, perhaps I'm wrong on this point and happy to be corrected.

photome

Cheechee said:

Yes, it is a brand new car fresh from the manufacturer.

'You must stop using the car if you reject it.'

Is this the law?

Even tho they haven't accepted my rejection, do I still need to stop using the car.

I'm happy to leave the car at home and not use it but only if the law says I have to.  The car is ready for them to collect at any time but if they are not acknowledging my right to reject, it seems unfair if I can't use it, perhaps I'm wrong on this point and happy to be corrected.

The motor ombudsman says this

If you do wish to reject your new car, then you will need to stop using it immediately and notify the seller and/or finance company – not the manufacturer – of your intention to reject

DullGreyGuy

Cheechee said:

Yes, it is a brand new car fresh from the manufacturer.

'You must stop using the car if you reject it.'

Is this the law?

Even tho they haven't accepted my rejection, do I still need to stop using the car.

I'm happy to leave the car at home and not use it but only if the law says I have to.  The car is ready for them to collect at any time but if they are not acknowledging my right to reject, it seems unfair if I can't use it, perhaps I'm wrong on this point and happy to be corrected.

The right to cancel for distant contracts is intended to give you a chance to inspect/interact with the goods in a similar way as you would have been able to had you gone in store to make the purchase. If you go beyond this, and subject to the merchant following other rules, they can then charge you for excess handling. Clearly if you go to a dealership you get one relatively short test drive. You don't get to use the car for the weekly shopping run or going to the country pub of the weekend. 

If you're happy to pay them for the depreciation the mileage causes then keep using it. 

So presumably you cancelled the Finance? It's a pity and probably a mistake else you would have had a S75a claim against them if you cannot get the merchant to play ball but having cancelled it that option has gone. 

Alderbank

DullGreyGuy said:

Cheechee said:

Yes, it is a brand new car fresh from the manufacturer.

'You must stop using the car if you reject it.'

Is this the law?

Even tho they haven't accepted my rejection, do I still need to stop using the car.

I'm happy to leave the car at home and not use it but only if the law says I have to.  The car is ready for them to collect at any time but if they are not acknowledging my right to reject, it seems unfair if I can't use it, perhaps I'm wrong on this point and happy to be corrected.

So presumably you cancelled the Finance? It's a pity and probably a mistake else you would have had a S75a claim against them if you cannot get the merchant to play ball but having cancelled it that option has gone. 

I don't think that option would have been there in the first place.
The car cost just under £37,000. S75 rights only apply to items costing between £100 and £30,000.

DullGreyGuy

Alderbank said:

DullGreyGuy said:

Cheechee said:

Yes, it is a brand new car fresh from the manufacturer.

'You must stop using the car if you reject it.'

Is this the law?

Even tho they haven't accepted my rejection, do I still need to stop using the car.

I'm happy to leave the car at home and not use it but only if the law says I have to.  The car is ready for them to collect at any time but if they are not acknowledging my right to reject, it seems unfair if I can't use it, perhaps I'm wrong on this point and happy to be corrected.

So presumably you cancelled the Finance? It's a pity and probably a mistake else you would have had a S75a claim against them if you cannot get the merchant to play ball but having cancelled it that option has gone. 

I don't think that option would have been there in the first place.
The car cost just under £37,000. S75 rights only apply to items costing between £100 and £30,000.

Hence Section 75A @alderbank which goes up to £60,260 but only applies on linked finance (ie PCP arranged by the dealer not a credit card purchase)

Alderbank

Apologies, I missed the 75a. Thanks for the correction. I need to go to Specsavers!

However, since we are talking about a brand new car and you mentioned depreciation, might be worth reassuring the OP that any charges for excess use beyond a test drive etc. would only be for that excess use and not for depreciation, which might well be £5,000 since the car is now 'one previous owner'.