Cooling off period

MeteredOut

Cheechee said:

No secret I just don't know why people need to know! Would it help anyone answer any of my questions, probably not

Yes it would. If you've driven 5 miles, then that might be ok. If you've driven 200 miles, then your "rejecting the car" argument is diminished somewhat. I suspect many will assume an answer based on your unwillingness to provide one.

Aylesbury_Duck

Cheechee said:

No secret I just don't know why people need to know! Would it help anyone answer any of my questions, probably not

That's entirely your choice of course, but while it might or might not help people answer your questions, it might encourage people to try and help.  This is a free forum populated by people providing views and opinions, most of whom are unqualified to do so and who aren't permitted to provide legal advice even if they wanted to.  If you want people to help, it's a good idea to cooperate and not be evasive, no matter how irrelevant you think some information is.  You considered the whole UC matter and the matter of a family member immediately paying off the car finance to be irrelevant but as has been discussed, they may be of importance to the case should it get to court if you are asked about the precise circumstances of the transactions and the motivations behind them.

the_lunatic_is_in_my_head

MeteredOut said:

Cheechee said:

No secret I just don't know why people need to know! Would it help anyone answer any of my questions, probably not

Yes it would. If you've driven 5 miles, then that might be ok. If you've driven 200 miles, then your "rejecting the car" argument is diminished somewhat. I suspect many will assume an answer based on your unwillingness to provide one.

It appears OP wants to cancel rather than reject so the milage doesn't make any difference, well not in terms of answers, may affect diminished value but IMHO no one here can say on that anyway. 

Regarding rejecting for the goods not conforming the milage (between 5 or 200) doesn't matter unless it was something milage related, i.e if you drove 10,000 miles in a couple of weeks and then complained the brakes are wearing thin, but obviously that's extreme and probably doesn't apply to the OP. As I've said before not a car person but if I purchased a brand new car I can't think of any consumables I'd be happy about replacing after 200 miles  

Cheechee

But you have 14 days to reject a car/cancel the contract so I don't think my argument would be diminished.  It would be unreasonable to have only driven 5 miles on day 3 of purchase.  How about someone who decides on day 13 to cancel the contract?  Some people may drive 10, 20, 100 or even 200 miles in a day.

So far I believe I have done the right thing.  I haven't waited till day 13 to contact the dealer, I did that asap and the car is now on my drive and won't be driven until there is a resolution.

born_again

Which car is this? 

Alderbank

MeteredOut said:

Cheechee said:

No secret I just don't know why people need to know! Would it help anyone answer any of my questions, probably not

Yes it would. If you've driven 5 miles, then that might be ok. If you've driven 200 miles, then your "rejecting the car" argument is diminished somewhat. I suspect many will assume an answer based on your unwillingness to provide one.

The OP confirmed earlier that he is not rejecting the car, he is cancelling the contract.

The mileage or any other use has no bearing on whether the OP can cancel under reg 29 of the CCR 2015 although it might affect the amount of refund.

The OP is asking for advice on how he can pressure the trader to repay the £37,000 he has paid for the contract which he has now cancelled.

For context, reg 34 of the CCR says (edited by me for brevity)
The trader must reimburse all payments...received from the consumer. Reimbursement must be without undue delay, and in any event not later than the end of 14 days after the day on which the trader is informed of the consumer’s decision to...cancel the contract.

Aylesbury_Duck

Cheechee said:

But you have 14 days to reject a car/cancel the contract so I don't think my argument would be diminished.  It would be unreasonable to have only driven 5 miles on day 3 of purchase.  How about someone who decides on day 13 to cancel the contract?  Some people may drive 10, 20, 100 or even 200 miles in a day.

So far I believe I have done the right thing.  I haven't waited till day 13 to contact the dealer, I did that asap and the car is now on my drive and won't be driven until there is a resolution.

As I understand it, and has been explained earlier in this thread, the ability to cancel a distance sale is based upon the idea that you can try/test the product in the same way you could in a store or on a test drive.  That's the risk the retailer takes when selling online, the pay-off being the reduction in physical premises/presence that comes with more online selling.

How many miles have you put on the car?  A test drive might be an hour, maybe 40 miles for example?  If you've clocked up hundreds of miles as an extreme example, the dealer would argue that you've tried the car far more than would have been permitted on a test drive.  As I understand it, that doesn't remove your right to cancel the contract and return it, but it allows the dealer to reduce the refund accordingly.  At what point would you consider it not worthwhile to go through with your (rather odd) plan to return this car and immediately buy an identical replacement?  A loss of £100?  £500?  

pinkshoes

Cheechee said:

But you have 14 days to reject a car/cancel the contract so I don't think my argument would be diminished.  It would be unreasonable to have only driven 5 miles on day 3 of purchase.  How about someone who decides on day 13 to cancel the contract?  Some people may drive 10, 20, 100 or even 200 miles in a day.

So far I believe I have done the right thing.  I haven't waited till day 13 to contact the dealer, I did that asap and the car is now on my drive and won't be driven until there is a resolution.

But cancelling having done more than inspected it comes at a "reasonable deduction" for usage.

In a brand new car, this "reasonable" deduction is having another owner and a mileage, so you will be needing to have an amount in your head that you're happy to settle for.

(Otherwise, if you could get a full refund and just return a car and drive any mileage you like, then hire cars wouldn't have much of a business!)

You've still been somewhat evasive about the mileage you have done since owning the car which is causing suspicion and making it look dodgy!

So the question will be how much is the car now worth with 1 additional user and 30 to 600 miles on the clock? £5000 deduction?  £3000? You haven't said what the car is so it's hard to say.

BoGoF

As OP questioned the need to stop using the car only yesterday I will hazard a guess that there will more than a few miles on it. The words were "I'm happy to leave the car at home and not use it but only if the law says I have to". And bizarrely claims it's unfair if they can't use it

Bit like this whole saga I guess.

Grumpy_chap

If this was a fully remote purchase, the OP has the right to cancel the contract.
The Dealer can make a deduction for the extent to which the OP testing the goods exceeds that possible in a showroom / normal test drive.

If I understand the timeline correctly:

• OP notified the Dealer of the cancellation yesterday morning (24/01)
• By the end of lunchtime yesterday, the OP had started this thread nervous that the Dealer had not responded (which may have been a bit quick).
• Has the Dealer provided any response yet?

Exactly what did the OP say when notifying the Dealer of the cancellation?  In particular, was the phrase "cancel the order" used?  Or the phrase "reject the car"?  This could be significant in how the Dealer responds.  Given the OP also mentioned "various reasons" - if these were mentioned to the Dealer, they may have clouded the issue and impact the response.

What does the OP seek as an outcome?
The OP seems to have suggested they just want a "pristine" brand new car and their plan is to cancel this order and then immediately buy the same car again.  If that is the correct understanding, has the OP considered that route may be difficult to simply follow:

• The current Dealer will almost certainly not accept a follow-on purchase order
• The OP may not be able to secure the same price from another Dealer as they secured for this order
• The finance that has been taken and cancelled will leave a trace on the OP's credit files and may impact the availability or rate of the next finance deal