Seller claims telephone order was not distance selling

Okell

That guidance also says:

"In concluding a distance contract, the parties may also use a combination of several different means of distance communication (e.g. website and phone). The fact that parties meet each other after concluding the distance contract, typically at the time of delivery or payment, should not change the classification of a contract as a distance contract. If the consumer has merely visited the business premises to gather information about the goods or services, the contract that he subsequently negotiates and concludes with the trader at a distance should be considered a distance contract. Although simply taking of an appointment with the trader is not considered a distance contract, a binding reservation made, for example, by telephone of goods to be collected or services to be received at a certain time is likely to constitute a distance contract for the purposes of the Directive. The Directive only applies to distance contracts concluded under an organised distance sales or service-provision scheme. For example, if a trader only exceptionally concludes a contract with a consumer by e-mail or telephone, after being contacted by the consumer, such a contract should not be considered a distance contract under the Directive."

Dogsareace1

Okell said:

The difficulty you will have is that to qualify as a distance contract the sale has to be made exclusively using only one or more means of distance communication.

By visiting the premises you have complicated matters - perhaps not irretrievably but you have made it more difficult for yourself.

When did you visit their premises and when did you phone them?  What was the purpose of the call?  Had you already decided to buy it?

There's also the issue that the dealer will argue that you only rang up to confirm that you wanted to buy and that they had no organised system or scheme of distance selling.

I don't think it matters if they ordered it specifically for you or not.

Can you tell us what the name of the case is that the dealer has cited?

The comment relating to ordering the vehicle in specifically for me is because the seller is using this to pursue costs from me on top of the deposit.

GDB2222

Dogsareace1 said:

Thank you for your interest, I am reluctant to share details because I have the usual statement at the bottom of the email saying it is intended for me only. The organised distance sale or service-provision scheme is being quoted. It is a dealer not an individual, I’ve been careful to disclose accurate details to the C.A.B. and cross questioned them. They seem confident that I was covered. I’m now communicating directly with the M.D. at the dealership and he’s tying me up in knots.

Don't feel pressurised into naming the dealer, if you don't want to,  but the disclaimer at the bottom of the email is in case it gets misrouted in the email system.  

user1977

GDB2222 said:

Dogsareace1 said:

Thank you for your interest, I am reluctant to share details because I have the usual statement at the bottom of the email saying it is intended for me only. The organised distance sale or service-provision scheme is being quoted. It is a dealer not an individual, I’ve been careful to disclose accurate details to the C.A.B. and cross questioned them. They seem confident that I was covered. I’m now communicating directly with the M.D. at the dealership and he’s tying me up in knots.

Don't feel pressurised into naming the dealer, if you don't want to,  but the disclaimer at the bottom of the email is in case it gets misrouted in the email system.  

Yes, it doesn't mean you're forbidden from discussing your emails with anybody else.

Okell

I think the OP needs to give more detail about what has actually happened - he's the only one that knows

eg  When did he visit the premises?

What exactly happened during that visit?

How did the OP leave purchase negotiations (if any) at that point?

When did he telephone the dealer and what was the purpose of the call?

What happened during that call?

Okell

Dogsareace1 said:

Okell said:

The difficulty you will have is that to qualify as a distance contract the sale has to be made exclusively using only one or more means of distance communication.

By visiting the premises you have complicated matters - perhaps not irretrievably but you have made it more difficult for yourself.

When did you visit their premises and when did you phone them?  What was the purpose of the call?  Had you already decided to buy it?

There's also the issue that the dealer will argue that you only rang up to confirm that you wanted to buy and that they had no organised system or scheme of distance selling.

I don't think it matters if they ordered it specifically for you or not.

Can you tell us what the name of the case is that the dealer has cited?

The comment relating to ordering the vehicle in specifically for me is because the seller is using this to pursue costs from me on top of the deposit.

Surely one of the purposes of the deposit is to cover his costs if you back out of the deal?

Dogsareace1

Can I pick this up with you all tomorrow, I haven’t slept well for a number of nights worrying about this, and I’m kind of in a trance at the moment.

Okell

It's really not worth losing sleep over...

m0bov

Regardless of if it's distance selling or not, the dealer can claim back reasonable costs. Ask them to detail their costs and how they come about the 2 grand. Is it a custom build?

Dogsareace1

The vehicle is not a custom build it is the standard configuration. I have an email stating from them it was due into their stock/showroom  before they had ever received any enquiry from me. But have since changed there mind claiming it was ordered specifically for me.

i have asked they cancel the order, they acknowledged receipt but have failed to cancel the order, instead they seem to want me to continue with the purchase. 

Whilst I acknowledge everyone’s input in trying to establish my rights as a consumer in this situation. It is how to deal with the supplier and get out of this situation the best way possible.