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Can anyone help - bought a car - never received it :(

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  • born_again
    born_again Posts: 20,373 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Can Op confirm that they are making the monthly payments to Black Horse. As that will clear up who is responsible here.


    Life in the slow lane
  • Okell
    Okell Posts: 2,644 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Okell said:
    Not to complicate things but the Cinch site says if you take out finance through one of their lenders the car is sold to the finance company who let the customer use it. 

    Right to cancel might not apply here and I think OP should raise an official complaint with BH...
    For reasons I explained last week I really ought to know the answer to this, but I've obviously forgotten!    :(

    Why wouldn't the right to cancel apply here?

    If I understand you correctly you are suggesting that the OP has no relationship with the "seller" and that instead Cinch is supplying the car on a hire or hire purchase basis.  If so, can't the OP simply go direct to Cinch and cancel the hire or hire purchase contract?  Or can't such contracts be cancelled?

    Alternatively, can the OP exercise the short-term right to reject?
    I'm not sure if OP has actually purchase goods, it appears to be a service? 

    If a service 14 day period to cancel has expired.

    That doesn't mean OP isn't entitled to some kind of resolve here, they obviously can't be expected to pay for a service they aren't receiving, I'm just not sure exactly what remedy they should state they exercising :) 
    Ah.  So you think the hire/sale of a car on HP is the provision of a service and not a sales contract?   (Again I ought to know the answer but have forgotten!)

    I don't know but as the HP contract must make provision for the eventual transfer of ownership to the consumer if all payments are made, wouldn't that qualify as a sales contract under para 5 of the CRA?

    But if you are right and the cancellation window has expired, can't the OP still exercise the short-term right to reject?
  • Alderbank
    Alderbank Posts: 3,895 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 6 June at 1:41PM
    Okell said:
    Okell said:
    Not to complicate things but the Cinch site says if you take out finance through one of their lenders the car is sold to the finance company who let the customer use it. 

    Right to cancel might not apply here and I think OP should raise an official complaint with BH...
    For reasons I explained last week I really ought to know the answer to this, but I've obviously forgotten!    :(

    Why wouldn't the right to cancel apply here?

    If I understand you correctly you are suggesting that the OP has no relationship with the "seller" and that instead Cinch is supplying the car on a hire or hire purchase basis.  If so, can't the OP simply go direct to Cinch and cancel the hire or hire purchase contract?  Or can't such contracts be cancelled?

    Alternatively, can the OP exercise the short-term right to reject?
    I'm not sure if OP has actually purchase goods, it appears to be a service? 

    If a service 14 day period to cancel has expired.

    That doesn't mean OP isn't entitled to some kind of resolve here, they obviously can't be expected to pay for a service they aren't receiving, I'm just not sure exactly what remedy they should state they exercising :) 
    Ah.  So you think the hire/sale of a car on HP is the provision of a service and not a sales contract?   (Again I ought to know the answer but have forgotten!)

    In the Consumer Rights Act, rights are distributed across 3 separate chapters: Ch2 Goods, Ch3 Digital stuff and Ch 4 Services.

    HP is in Ch2 Goods where it has an entire section to itself, Ch2(7) Hire purchase agreements.
  • Okell
    Okell Posts: 2,644 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Alderbank said:
    Okell said:
    Okell said:
    Not to complicate things but the Cinch site says if you take out finance through one of their lenders the car is sold to the finance company who let the customer use it. 

    Right to cancel might not apply here and I think OP should raise an official complaint with BH...
    For reasons I explained last week I really ought to know the answer to this, but I've obviously forgotten!    :(

    Why wouldn't the right to cancel apply here?

    If I understand you correctly you are suggesting that the OP has no relationship with the "seller" and that instead Cinch is supplying the car on a hire or hire purchase basis.  If so, can't the OP simply go direct to Cinch and cancel the hire or hire purchase contract?  Or can't such contracts be cancelled?

    Alternatively, can the OP exercise the short-term right to reject?
    I'm not sure if OP has actually purchase goods, it appears to be a service? 

    If a service 14 day period to cancel has expired.

    That doesn't mean OP isn't entitled to some kind of resolve here, they obviously can't be expected to pay for a service they aren't receiving, I'm just not sure exactly what remedy they should state they exercising :) 
    Ah.  So you think the hire/sale of a car on HP is the provision of a service and not a sales contract?   (Again I ought to know the answer but have forgotten!)

    In the Consumer Rights Act, rights are distributed across 3 separate chapters: Ch2 Goods, Ch3 Digital stuff and Ch 4 Services.

    HP is in Ch2 Goods where it has an entire section to itself, Ch2(7) Hire purchase agreements.
    So - assuming that definition also applies to The Consumer Contract Regulations - this HP contract is a contract for the sale of goods, therefore the OP can exercise the right to cancel this distance contract up to 14 days after they eventually receive the goods?

    So they can cancel now if they haven't already done so...
  • Alderbank
    Alderbank Posts: 3,895 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 6 June at 3:26PM
    Hire purchase agreements are regulated by the Consumer Credit Act 1974, which was left unchanged by the CCR.

    Under reg 99 or reg100 (I think) of the CCA, the buyer can exercise their right to terminate the agreement at any time simply by informing the lender of their intention. Within the first 14 days the lender can't make any charge (the 'cooling off period'). Charges for terminating later are as specified by the HP agreement but are subject to statutory limits defined in the Act.
  • Okell
    Okell Posts: 2,644 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Alderbank said:
    Hire purchase agreements are regulated by the Consumer Credit Act 1974, which was left unchanged by the CCR.

    Under reg 99 or reg100 (I think) of the CCA, the buyer can exercise their right to terminate the agreement at any time simply by informing the lender of their intention. Within the first 14 days the lender can't make any charge (the 'cooling off period'). Charges for terminating later are as specified by the HP agreement but are subject to statutory limits defined in the Act.
    Thanks.

    It's very embarrassing I have forgotten this as I studied it 40 years ago....
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