Cooling off period

PHK

Cheechee said:

An update because no-one likes an unfinished story and also I hope I can help someone else going through a similar thing.

Car was finally rejected under my right to reject within 14 days and refund issued.  New car on order (not from the same dealership).

Right, where to start, there is so much misinformation on this thread as well as some posters who genuinely were talking sense and wanted to help. (thanks to the_lunatic_is_in_my_head)

If you've stumbled across this post please be very careful about taking advice from some members on this forum.  No doubt, most people want to help but some are very accusing.

Make sure you read up about your rights and don't give up if you know you are in the right.  Of course the dealership didn't want to take the car back, why would they? But I didn't give up and got the result that was fair and my statutory right.

I can't remember all of the thread but a few things stand out.  A poster said that even tho I test drove a different car from a different dealership, this may jeopardize my rejection because the dealership would be checking records, utter nonsense!!!  I was well within my rights to test drive a different car from a different dealership.  I'm sure my dealership would have found this 'loophole' otherwise.  Others were insinuating I was out to make money from the incentive, again utter nonsense!!!  The refund I received was no more or less than my original payment.  There was no money deducted for excess mileage or depreciation.  Also, paying off the finance didn't jeopardize my rejection either and it was most definitely the dealership and not the finance company I had to reject the car with.

At the end of the day, the law is the law.  I researched as much as I could and stood my ground.  Good luck to anyone else going through this.

I agree with  you I cringe at some of the advice given on here (MSE forums). They copy out small sections of legislation or contracts and misinterpret it or take it out of context. Often missing out impotsnt points from the situation. 

Aylesbury_Duck

PHK said:

Cheechee said:

An update because no-one likes an unfinished story and also I hope I can help someone else going through a similar thing.

Car was finally rejected under my right to reject within 14 days and refund issued.  New car on order (not from the same dealership).

Right, where to start, there is so much misinformation on this thread as well as some posters who genuinely were talking sense and wanted to help. (thanks to the_lunatic_is_in_my_head)

If you've stumbled across this post please be very careful about taking advice from some members on this forum.  No doubt, most people want to help but some are very accusing.

Make sure you read up about your rights and don't give up if you know you are in the right.  Of course the dealership didn't want to take the car back, why would they? But I didn't give up and got the result that was fair and my statutory right.

I can't remember all of the thread but a few things stand out.  A poster said that even tho I test drove a different car from a different dealership, this may jeopardize my rejection because the dealership would be checking records, utter nonsense!!!  I was well within my rights to test drive a different car from a different dealership.  I'm sure my dealership would have found this 'loophole' otherwise.  Others were insinuating I was out to make money from the incentive, again utter nonsense!!!  The refund I received was no more or less than my original payment.  There was no money deducted for excess mileage or depreciation.  Also, paying off the finance didn't jeopardize my rejection either and it was most definitely the dealership and not the finance company I had to reject the car with.

At the end of the day, the law is the law.  I researched as much as I could and stood my ground.  Good luck to anyone else going through this.

I agree with  you I cringe at some of the advice given on here (MSE forums). They copy out small sections of legislation or contracts and misinterpret it or take it out of context. Often missing out impotsnt points from the situation. 

But...it is a forum populated by normal, typically legally-unqualified people, and the guide people like the OP are referred to when on the forum states:

...some of the information changes quickly, is opinion or may be incorrect. We don't verify or take responsibility for what is posted by the community. No two people have the same circumstances or experience and it is up to you to investigate, check and check again before you make any decisions or take any action based on information you glean from our community. Remember, don't rely on what you are reading. Verify it and protect yourself. You are responsible for any action you consequently make.

If people want free, watertight legal advice without opinions or speculation, they need to find a free forum that provides it, or pay for proper legal advice.  I think I recommended OP do just that in this case if it came to it, such was the potential value at stake.

Surfer01

To bring this up again.  If you have a car delivered to you and within 3 days of the 14 days, you notice a issue with the car.  The dealer collects the car within 5 days of the original delivery, but cannot return the car until after the 14 days expiry, does the consumer lose out?  Is the cooling off period perhaps suspended until the car is returned?