Cooling off period

RefluentBeans

This whole thread is now getting into a weird position. OP - do you want this car or not? If you want the car, tell the dealership to repair the car. If you don’t, then why by an identical car (other than maybe to try and get another incentive). 

To me, the lack of answers and the questioning the motive of some of the questions being asked of you makes me think this is somewhat shady, and something you know is probably in the grey area. Unfortunately, this forum does not do well in the grey area, as neither party is clearly right or wrong. You have the right to cancel your contract. They have the right to reduce your refund based on what is reasonable. I genuinely don’t know if adding another person to the logbook could allow them to reduce the refund to what a near new-second hand car could cost (say a reduction of £5k). I don’t know if that is allowed, but they certainly won’t be wanting to give you every penny back as they’ll be trading to a loss.

In addition, they may well argue the sale wasn’t distance selling as you did try the car on a test drive. 

Taken together it seems like you had a scheme, and sound surprised someone has seen through it. 

Get legal help - maybe NWNF but they’ll be taking a cut of your winnings if you win (if they agree to take your case) otherwise conventional lawyers could help out. 

MeteredOut

RefluentBeans said:

This whole thread is now getting into a weird position. OP - do you want this car or not? If you want the car, tell the dealership to repair the car. If you don’t, then why by an identical car (other than maybe to try and get another incentive). 

To me, the lack of answers and the questioning the motive of some of the questions being asked of you makes me think this is somewhat shady, and something you know is probably in the grey area. Unfortunately, this forum does not do well in the grey area, as neither party is clearly right or wrong. You have the right to cancel your contract. They have the right to reduce your refund based on what is reasonable. I genuinely don’t know if adding another person to the logbook could allow them to reduce the refund to what a near new-second hand car could cost (say a reduction of £5k). I don’t know if that is allowed, but they certainly won’t be wanting to give you every penny back as they’ll be trading to a loss.

In addition, they may well argue the sale wasn’t distance selling as you did try the car on a test drive. 

Taken together it seems like you had a scheme, and sound surprised someone has seen through it. 

Get legal help - maybe NWNF but they’ll be taking a cut of your winnings if you win (if they agree to take your case) otherwise conventional lawyers could help out. 

I suspect a NWNF lawyer would take a bigger cut than the reduction in refund the OP would get if the dealer agrees to go down the right to cancel route, even though it is now obvious that there are hundreds of additional miles on the clock.

Don't they typically fall in the 25-30% region, which is in the region of £9-11K.

Alderbank

You are assuming the NWNF lawyer forgets to request an order for costs against the losing party. That is unlikely.

MeteredOut

Alderbank said:

You are assuming the NWNF lawyer forgets to request an order for costs against the losing party. That is unlikely.

If that was in response to my post, I've not assumed that. If I'm assuming anything, its that they'll want their 25% on top of costs.

Cheechee

Oh dear, this thread has evolved into a massive saga when all I wanted to know was my next steps should the dealer not respond (no response as yet).  As this is a public forum, I don't really want to put too many 'outing' details on here.  I am genuine but appreciate every one has their own opinion and have come to the conclusion I'm in it for a profit. NO, NOT AT ALL.  So as not to be to 'outing' I don't want to say the exact miles apart from it's less than 150.

No, I don't want this car as I feel it is damaged goods and the reason I will buy an identical car is so I can have a car without faults from the beginning without the need for repair a few days into ownership.  Maybe hard for some of you to understand but that is how I feel.  Sorry not to be able to answer all your questions, I'm loosing track a bit.  Next car I buy I will make sure I travel to see it before I sign on the dotted line.

There is nothing shady going on here AT ALL and no scheme either.

I don't seem to be getting any response to my initial questions, especially using money claims online.

No doubt someone will come along and pic this post to bits and no I'm not flouncing off, I'm just going to wait to here/not here and will update this thread with any news . . . I'll be back!!!!!!

Aylesbury_Duck

Cheechee said:

Oh dear, this thread has evolved into a massive saga when all I wanted to know was my next steps should the dealer not respond (no response as yet).  As this is a public forum, I don't really want to put too many 'outing' details on here.  I am genuine but appreciate every one has their own opinion and have come to the conclusion I'm in it for a profit. NO, NOT AT ALL.  So as not to be to 'outing' I don't want to say the exact miles apart from it's less than 150.

No, I don't want this car as I feel it is damaged goods and the reason I will buy an identical car is so I can have a car without faults from the beginning without the need for repair a few days into ownership.  Maybe hard for some of you to understand but that is how I feel.  Sorry not to be able to answer all your questions, I'm loosing track a bit.  Next car I buy I will make sure I travel to see it before I sign on the dotted line.

There is nothing shady going on here AT ALL and no scheme either.

I don't seem to be getting any response to my initial questions, especially using money claims online.

No doubt someone will come along and pic this post to bits and no I'm not flouncing off, I'm just going to wait to here/not here and will update this thread with any news . . . I'll be back!!!!!!

You have, haven't you?

Cheechee

Not about money claims online

Grumpy_chap

Cheechee said:

I wanted to know was my next steps should the dealer not respond (no response as yet). 

For the forum to give further comment on this, you really do need to answer the questions that have been asked in that regard about exactly when the Dealer was contact and what was said.

That may allow the forum to suggest next steps that avoid all the need to be considering legal measures of any kind.

Cheechee said:

No, I don't want this car as I feel it is damaged goods and the reason I will buy an identical car is so I can have a car without faults from the beginning without the need for repair a few days into ownership.  Maybe hard for some of you to understand but that is how I feel.  

Have you seen my comments upthread about how simply buying the same again may not be entirely straighforward?


No-one is picking your posts to bits.
I do see some challenge and requests for clarification in the thread, but you've chosen not to respond clearly.
Those challenges and clarifications will need to be answered at some point of you end up in a legal path.  Covering the matters here may be able to avoid that legal path being required.

Alderbank

Cheechee said:

Not about money claims online

Money claim online is for claims of up to £10,000, give or take a bit. How much will you be claiming?

RefluentBeans

MeteredOut said:

RefluentBeans said:

This whole thread is now getting into a weird position. OP - do you want this car or not? If you want the car, tell the dealership to repair the car. If you don’t, then why by an identical car (other than maybe to try and get another incentive). 

To me, the lack of answers and the questioning the motive of some of the questions being asked of you makes me think this is somewhat shady, and something you know is probably in the grey area. Unfortunately, this forum does not do well in the grey area, as neither party is clearly right or wrong. You have the right to cancel your contract. They have the right to reduce your refund based on what is reasonable. I genuinely don’t know if adding another person to the logbook could allow them to reduce the refund to what a near new-second hand car could cost (say a reduction of £5k). I don’t know if that is allowed, but they certainly won’t be wanting to give you every penny back as they’ll be trading to a loss.

In addition, they may well argue the sale wasn’t distance selling as you did try the car on a test drive. 

Taken together it seems like you had a scheme, and sound surprised someone has seen through it. 

Get legal help - maybe NWNF but they’ll be taking a cut of your winnings if you win (if they agree to take your case) otherwise conventional lawyers could help out. 

I suspect a NWNF lawyer would take a bigger cut than the reduction in refund the OP would get if the dealer agrees to go down the right to cancel route, even though it is now obvious that there are hundreds of additional miles on the clock.

Don't they typically fall in the 25-30% region, which is in the region of £9-11K.

Agreed - NWNF is certainly not the route I’d choose to go down. 

The alternative is that the OP takes the refund amount (whatever that may be) and if the refund amount is much less than expected (to the OP) to challenge the difference and claim for a lesser amount (hopefully less than £10k for the small claims track). 

Realistically though - this is going to be s complex case - with the value of the OP driving for ‘less than 250 miles’ being taken into account.

More questions would include if the dealership offered a test drive booking service - in that case can the OP expect to have a full refund if they didn’t take up that offer? 

The OP needs to get what his claim is and what they’re claiming for and against in terms of legalisation. If they’re claiming for damages to the car that could be under CRA, and if successful a full refund, but the company can request to repair (as I understand for motor vehicles it is different to other goods), unless the fault is serious. If under the CCR, the claim has a better chance (in my non-lawyer opinion) of being successful, but the refund amount may be lower than a full refund. In addition, if the OP did test drive at an affiliated dealer then there may an argument to be made that the contract wasn’t a distance selling contract and these rights don’t apply. Currently it sounds like there is some mixing and matching of terminology and law, when the best arguments should be clear cut and simple to follow. This story is anything but simple and omissions at the start of the story do taint the rest of the story. 

Good luck OP - if you want my advice then I would just say to be forthcoming to the dealership, and answer the questions they ask. They may be able to help.