Cancelling a vehicle under Distance selling regulations, dealer being a little sneaky...

mark2jag

On 11/11/2024  I picked up a new VW Passat from Exeter VW. The car I chose was picked on the basis of  good fuel mileage as told to me by my  sales lady (Martina) but this turned out to be a complete lie. Within the 14 days (Day 10 i think) I told the dealer I would be returning the vehicle as it was so far removed from the economy as described by my salesperson. They agreed to take the car back, BUT they will be keeping ALL of my deposit, which was about £5000 due to the fact they were going to just treat it as a part exchange and not a cancellation.  I then discovered that due to Royal Mail losing the logbook I would  fall outside the ten day period they had put on me returning the car, but a few days later they did indeed come and collect it anyway. The dealership Have refused to  cancel the finance, and I  dont  quite know what to do now, as I'll be saddled with a bill for a car I no longer possess. The dealership have never even mentioned distance selling regs, but apparently as long as i did the paperwork online which I did and paid a deposit which i did before collecting the car then I am entitled to just walk away and have all of my  money refunded. Exeter VW flatly deny this and say that I have no rights and that they will not help me nor will they cancel the finance as they do not have a V5 logbook, and implying that time has now expired and the car is now mine. I dont  get the last bit, are they going to try and redeliver it to me, on which case I will refuse to take it or the keys, etc.

It's my intention in posting this to get the opinion of anyone who may be in the know.

This is  causing me sleepless nights and for the first time ever I've suffered what the paramedics have called a panic attack due to the stress brought on by having to deal with this and the potential loss of over £550 a month which I can ill afford.

I also suffer from dyslexia and have taken over 2 hours to compose this email, and hope i can be forgiven for any spelling mistakes and grammar. I'd really need some help from someone who knows for definite where I stand.

Finally people, I came here for help, so if your  comments are going to be helpful, and positive and actually deal with my question I would be very grateful.

Alderbank

Did you ever visit Exeter VW  to discuss choice of vehicle with one of their salespeople, or to pick up your new Passat?

mark2jag

Alderbank said:

Did you ever visit Exeter VW  to discuss choice of vehicle with one of their salespeople, or to pick up your new Passat?

No I  did not. My only trip to their dealership was to pick the car up on the 11/11/2024.

LightFlare

Which engine is it ?

What economy did they suggest would be achieved?

What economy did you actually achieve and during what type of driving/journey?

You need to be very clear as to the reason for rejection - especially with the finance company 

Arunmor

Bad time of year to be getting a realistic MPG my 2.0TDI Skoda Superb was getting around 52-53mpg in the summer and over this recent cold spell around 45-47mpg.  MPG is also hugely affected if you are just doing short journeys without the engine getting really warmed up.  Be careful here you may be tilting at windmills.

Check the real MPG website to see what real people get.

https://www.honestjohn.co.uk/realmpg/volkswagen/

Mildly_Miffed

mark2jag said:

On 11/11/2024  I picked up a new VW Passat from Exeter VW. The car I chose was picked on the basis of  good fuel mileage as told to me by my  sales lady (Martina) but this turned out to be a complete lie.

It would be illegal for any fuel figures to be given EXCEPT the manufacturer's official ones, generated from official testing to an internationally prescribed standard.

https://www.vehicle-certification-agency.gov.uk/fuel-consumption-co2/the-worldwide-harmonised-light-vehicle-test-procedure/

https://www.wltpfacts.eu/what-is-wltp-how-will-it-work/



Your own pattern of use will inevitably differ from that, with any and every vehicle.

Grumpy_chap

"Cancelling a Vehicle under Distance Selling Regulations"

mark2jag said:

On 11/11/2024  I picked up a new VW Passat from Exeter VW. 
Within the 14 days (Day 10 i think) I told the dealer I would be returning the vehicle 

The OP appears to be seeking to exercise the right to cancel an order for goods made at a distance starts from the moment you place your order and ends 14 days from the day you receive your goods.  This cancellation can be for any "reason or none".  This is under the CCRs (which replaced the DSRs around 10 years back).

However, the above applies only to fully remote purchases.  This may not be in the case of the car - particularly as the OP collected the car from the Dealership.  It is critical to the OP's rights and next actions that the OP verifies whether the CCR 14-day right to cancel applies.
 - Did the OP visit the Dealer prior to purchasing the car?
 - Did the OP complete any paperwork at the Dealer's premises while collecting the car - however minor?  Signed a purchase order form?  Signed a finance form?  Signed a warranty form?  

In most cases, Dealers manage the process so that CCR remote purchase does not apply in the case of a car that is collected from the forecourt.  Establishing whether the CCR 14-day cancellation rights apply is the critical first step.