Cooling off period

ngc5195fly
ngc5195fly Posts: 14 Forumite
Fourth Anniversary 10 Posts
edited 10 April at 2:45PM in Motoring

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Comments

  • DullGreyGuy
    DullGreyGuy Posts: 17,183 Forumite
    10,000 Posts Second Anniversary Name Dropper
    They'll presumably claim excess handling so charge you for the mileage done.

    Think you mean the Consumer Contracts Regulation, which is what covers change of mind for distance contracts.
  • photome
    photome Posts: 16,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
     yes you should be able to return for a full refund ( less mileage charge), if they have t told you about the 14 day return I believe you have an extra year to return

    but depending on the dealer you may have a fight

    firstly speak to the dealer if they don’t play ball speak to the finance company

    How much was the car ?
  • DullGreyGuy
    DullGreyGuy Posts: 17,183 Forumite
    10,000 Posts Second Anniversary Name Dropper
    photome said:
     yes you should be able to return for a full refund ( less mileage charge), if they have t told you about the 14 day return I believe you have an extra year to return

    but depending on the dealer you may have a fight

    firstly speak to the dealer if they don’t play ball speak to the finance company

    How much was the car ?
    Thanks for your response. I literally don’t have any contracts nor paperwork for this whole transaction other than the actual invoice which the finance company paid out to the dealership basically. The car was £16000. If the dealership haven’t mentioned the 14 day return does the consumer contracts regulation automatically override this and I can force them to take the car back or will I have to get the finance company to step in to make my life easier. I believe that this particular dealer has only one branch and it’s miles away from me hence why the delivery was arranged and reviews do all seem really good so I’m keeping my fingers crossed but I don’t want to engage in lengthy conversations. 
    Your statutory rights apply irrespective of what the dealer said, they cannot be overridden other than where the law itself says so (eg services starting within the cooling off period). Some dealers may offer something better than statutory rights, some may claim you have less than statutory rights but in both cases you have the choice of the dealers return policy and your statutory rights. 

    If the dealer has failed to inform you of your statutory rights in a durable format (eg email) then the 14 day period may be extended. 

    Note that for the CCR and the cooling off period to apply the whole transaction must have been done at a distance, you can't go into the show room have a look around, go home and then order on the web to get the distance protections... if the dealer is able to link up your visit and the online purchase is another matter. 
  • DullGreyGuy
    DullGreyGuy Posts: 17,183 Forumite
    10,000 Posts Second Anniversary Name Dropper
    photome said:
     yes you should be able to return for a full refund ( less mileage charge), if they have t told you about the 14 day return I believe you have an extra year to return

    but depending on the dealer you may have a fight

    firstly speak to the dealer if they don’t play ball speak to the finance company

    How much was the car ?
    Thanks for your response. I literally don’t have any contracts nor paperwork for this whole transaction other than the actual invoice which the finance company paid out to the dealership basically. The car was £16000. If the dealership haven’t mentioned the 14 day return does the consumer contracts regulation automatically override this and I can force them to take the car back or will I have to get the finance company to step in to make my life easier. I believe that this particular dealer has only one branch and it’s miles away from me hence why the delivery was arranged and reviews do all seem really good so I’m keeping my fingers crossed but I don’t want to engage in lengthy conversations. 
    Your statutory rights apply irrespective of what the dealer said, they cannot be overridden other than where the law itself says so (eg services starting within the cooling off period). Some dealers may offer something better than statutory rights, some may claim you have less than statutory rights but in both cases you have the choice of the dealers return policy and your statutory rights. 

    If the dealer has failed to inform you of your statutory rights in a durable format (eg email) then the 14 day period may be extended. 

    Note that for the CCR and the cooling off period to apply the whole transaction must have been done at a distance, you can't go into the show room have a look around, go home and then order on the web to get the distance protections... if the dealer is able to link up your visit and the online purchase is another matter. 
    Thank you for your response again. Yes everything was done purely over the phone/ online and I never went to actually see the car in person until it was delivered last week. Any ideas what to say back to the dealer if they say that they’re refusing to take it back for a refund or should I just try not to argue with them but raise a complaint?
    Have you even spoken to them? You may be getting worried or worked up over nothing and they may just agree you're within your rights to return it and go straight to the practicalities of returning the vehicle.

    Presumably this is a dealership that regularly sells online? 
  • LightFlare
    LightFlare Posts: 1,372 Forumite
    1,000 Posts First Anniversary Name Dropper

    I purchased a vehicle online from a dealership without seeing it in person. After driving the car for around 100 miles, I found it unsuitable for my daily needs. The car was delivered last Thursday 3rd April I don’t have a contract or return policy on the invoice, and the dealership’s website doesn’t mention anything about returns. I’m still within the 14-day window, but I’m unsure if I can still enforce the Consumer Contracts Act given the lack of return information in the documentation. Has anyone else been in a similar situation? Do you think I’ll face issues with returning the vehicle, or can I still enforce my rights despite the absence of a clear return policy. 


    Just out of curiosity - what make/model is the car and what makes it unsuitable
  • DullGreyGuy
    DullGreyGuy Posts: 17,183 Forumite
    10,000 Posts Second Anniversary Name Dropper
    photome said:
     yes you should be able to return for a full refund ( less mileage charge), if they have t told you about the 14 day return I believe you have an extra year to return

    but depending on the dealer you may have a fight

    firstly speak to the dealer if they don’t play ball speak to the finance company

    How much was the car ?
    Thanks for your response. I literally don’t have any contracts nor paperwork for this whole transaction other than the actual invoice which the finance company paid out to the dealership basically. The car was £16000. If the dealership haven’t mentioned the 14 day return does the consumer contracts regulation automatically override this and I can force them to take the car back or will I have to get the finance company to step in to make my life easier. I believe that this particular dealer has only one branch and it’s miles away from me hence why the delivery was arranged and reviews do all seem really good so I’m keeping my fingers crossed but I don’t want to engage in lengthy conversations. 
    Your statutory rights apply irrespective of what the dealer said, they cannot be overridden other than where the law itself says so (eg services starting within the cooling off period). Some dealers may offer something better than statutory rights, some may claim you have less than statutory rights but in both cases you have the choice of the dealers return policy and your statutory rights. 

    If the dealer has failed to inform you of your statutory rights in a durable format (eg email) then the 14 day period may be extended. 

    Note that for the CCR and the cooling off period to apply the whole transaction must have been done at a distance, you can't go into the show room have a look around, go home and then order on the web to get the distance protections... if the dealer is able to link up your visit and the online purchase is another matter. 
    Thank you for your response again. Yes everything was done purely over the phone/ online and I never went to actually see the car in person until it was delivered last week. Any ideas what to say back to the dealer if they say that they’re refusing to take it back for a refund or should I just try not to argue with them but raise a complaint?
    Have you even spoken to them? You may be getting worried or worked up over nothing and they may just agree you're within your rights to return it and go straight to the practicalities of returning the vehicle.

    Presumably this is a dealership that regularly sells online? 
    The dealer have advised that they’re at full capacity and are unable to buy the car back from me which is not what I actually requested in the first place. I’ve responded promptly but has anybody got any other suggestions?
    Go back to them and advise them that they have misunderstood your communication, you arent asking them to buy the vehicle back, you are telling them that you are cancelling the purchase under your rights in the Consumer Contracts Regulations 2013 and therefore need to arrange its return with them and the refund. 
  • ngc5195fly
    ngc5195fly Posts: 14 Forumite
    Fourth Anniversary 10 Posts
    photome said:
     yes you should be able to return for a full refund ( less mileage charge), if they have t told you about the 14 day return I believe you have an extra year to return

    but depending on the dealer you may have a fight

    firstly speak to the dealer if they don’t play ball speak to the finance company

    How much was the car ?
    Thanks for your response. I literally don’t have any contracts nor paperwork for this whole transaction other than the actual invoice which the finance company paid out to the dealership basically. The car was £16000. If the dealership haven’t mentioned the 14 day return does the consumer contracts regulation automatically override this and I can force them to take the car back or will I have to get the finance company to step in to make my life easier. I believe that this particular dealer has only one branch and it’s miles away from me hence why the delivery was arranged and reviews do all seem really good so I’m keeping my fingers crossed but I don’t want to engage in lengthy conversations. 
    Your statutory rights apply irrespective of what the dealer said, they cannot be overridden other than where the law itself says so (eg services starting within the cooling off period). Some dealers may offer something better than statutory rights, some may claim you have less than statutory rights but in both cases you have the choice of the dealers return policy and your statutory rights. 

    If the dealer has failed to inform you of your statutory rights in a durable format (eg email) then the 14 day period may be extended. 

    Note that for the CCR and the cooling off period to apply the whole transaction must have been done at a distance, you can't go into the show room have a look around, go home and then order on the web to get the distance protections... if the dealer is able to link up your visit and the online purchase is another matter. 
    Thank you for your response again. Yes everything was done purely over the phone/ online and I never went to actually see the car in person until it was delivered last week. Any ideas what to say back to the dealer if they say that they’re refusing to take it back for a refund or should I just try not to argue with them but raise a complaint?
    Have you even spoken to them? You may be getting worried or worked up over nothing and they may just agree you're within your rights to return it and go straight to the practicalities of returning the vehicle.

    Presumably this is a dealership that regularly sells online? 
    The dealer have advised that they’re at full capacity and are unable to buy the car back from me which is not what I actually requested in the first place. I’ve responded promptly but has anybody got any other suggestions?
    Go back to them and advise them that they have misunderstood your communication, you arent asking them to buy the vehicle back, you are telling them that you are cancelling the purchase under your rights in the Consumer Contracts Regulations 2013 and therefore need to arrange its return with them and the refund. 
    I’ve responded I’m guessing they will try and put up a fight.
  • LightFlare
    LightFlare Posts: 1,372 Forumite
    1,000 Posts First Anniversary Name Dropper
    photome said:
     yes you should be able to return for a full refund ( less mileage charge), if they have t told you about the 14 day return I believe you have an extra year to return

    but depending on the dealer you may have a fight

    firstly speak to the dealer if they don’t play ball speak to the finance company

    How much was the car ?
    Thanks for your response. I literally don’t have any contracts nor paperwork for this whole transaction other than the actual invoice which the finance company paid out to the dealership basically. The car was £16000. If the dealership haven’t mentioned the 14 day return does the consumer contracts regulation automatically override this and I can force them to take the car back or will I have to get the finance company to step in to make my life easier. I believe that this particular dealer has only one branch and it’s miles away from me hence why the delivery was arranged and reviews do all seem really good so I’m keeping my fingers crossed but I don’t want to engage in lengthy conversations. 
    Your statutory rights apply irrespective of what the dealer said, they cannot be overridden other than where the law itself says so (eg services starting within the cooling off period). Some dealers may offer something better than statutory rights, some may claim you have less than statutory rights but in both cases you have the choice of the dealers return policy and your statutory rights. 

    If the dealer has failed to inform you of your statutory rights in a durable format (eg email) then the 14 day period may be extended. 

    Note that for the CCR and the cooling off period to apply the whole transaction must have been done at a distance, you can't go into the show room have a look around, go home and then order on the web to get the distance protections... if the dealer is able to link up your visit and the online purchase is another matter. 
    Thank you for your response again. Yes everything was done purely over the phone/ online and I never went to actually see the car in person until it was delivered last week. Any ideas what to say back to the dealer if they say that they’re refusing to take it back for a refund or should I just try not to argue with them but raise a complaint?
    Have you even spoken to them? You may be getting worried or worked up over nothing and they may just agree you're within your rights to return it and go straight to the practicalities of returning the vehicle.

    Presumably this is a dealership that regularly sells online? 
    The dealer have advised that they’re at full capacity and are unable to buy the car back from me which is not what I actually requested in the first place. I’ve responded promptly but has anybody got any other suggestions?
    Go back to them and advise them that they have misunderstood your communication, you arent asking them to buy the vehicle back, you are telling them that you are cancelling the purchase under your rights in the Consumer Contracts Regulations 2013 and therefore need to arrange its return with them and the refund
    Would this possibly be best done in person so the vehicle,keys etc can definitively be handed over ?
  • photome
    photome Posts: 16,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    You dont want them to buy it back you are returning the car for a refund as is your right , you need to make that clear to them and as I said earlier if they haven’t informed you of your 14 day right to cancel then you have a year and 14 days instead…who is the dealer ?  You may have to get the finance company involved if they won’t play ball…keeping all correspondence 
  • photome
    photome Posts: 16,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!

    I purchased a vehicle online from a dealership without seeing it in person. After driving the car for around 100 miles, I found it unsuitable for my daily needs. The car was delivered last Thursday 3rd April I don’t have a contract or return policy on the invoice, and the dealership’s website doesn’t mention anything about returns. I’m still within the 14-day window, but I’m unsure if I can still enforce the Consumer Contracts Act given the lack of return information in the documentation. Has anyone else been in a similar situation? Do you think I’ll face issues with returning the vehicle, or can I still enforce my rights despite the absence of a clear return policy. 


    Just out of curiosity - what make/model is the car and what makes it unsuitable

    I purchased a vehicle online from a dealership without seeing it in person. After driving the car for around 100 miles, I found it unsuitable for my daily needs. The car was delivered last Thursday 3rd April I don’t have a contract or return policy on the invoice, and the dealership’s website doesn’t mention anything about returns. I’m still within the 14-day window, but I’m unsure if I can still enforce the Consumer Contracts Act given the lack of return information in the documentation. Has anyone else been in a similar situation? Do you think I’ll face issues with returning the vehicle, or can I still enforce my rights despite the absence of a clear return policy. 


    Just out of curiosity - what make/model is the car and what makes it unsuitable
    It would be nice to know but of course has no bearing on the contract
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