Distance purchase of a car

GDB2222

This is just hypothetical. 

I have bought and paid for a new car entirely without setting foot on the dealer’s premises. The car has been registered in my name, but I have not picked it up yet. 

If I decide I don’t want it after all, can I use the 14 day cooling off period and simply cancel the contract without picking up the car? If I do that does the dealer have to refund 1000% of what I paid, or can they deduct something because it’s now a slightly secondhand car? Any new purchaser would be registered as the second owner. Or, possibly even the third, if the dealer had to re register the car in their own name.

Woodstok2000

In short, yes, you can reject it

https://www.autotraderinsight-blog.co.uk/auto-trader-insight-blog/distance-selling-guide

1000% refund may be optimistic!

kinger101

1000% refund is a bit optimistic.

I believe you are able to use the 14 day cooling off period, but the retailer is allowed to take into account the car's value has diminished when offering the refund.

34(9)
If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

Grumpy_chap

So, is this the original car that can't be supplied, or the alternative car from a different dealer?
https://forums.moneysavingexpert.com/discussion/6647924/frustrated-contract#latest

Why the change of heart?
Has the original car now become available?
Has a third dealer sourced a car with the discount and the colour preference of the original car?

Ergates

Woodstok2000 said:

1000% refund may be optimistic!

That'd be nice...

GDB2222

kinger101 said:

1000% refund is a bit optimistic.

I believe you are able to use the 14 day cooling off period, but the retailer is allowed to take into account the car's value has diminished when offering the refund.

34(9)
If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

Yes, the 1000% was a good typo! 

I don’t really understand how 34(9) applies if I never even pick the car up? I won’t have handled the car. 

GDB2222

Grumpy_chap said:

So, is this the original car that can't be supplied, or the alternative car from5 a different dealer?
https://forums.moneysavingexpert.com/discussion/6647924/frustrated-contract#latest

Why the change of heart?
Has the original car now become available?
Has a third dealer sourced a car with the discount and the colour preference of the original car?

It was a hypothetical question, as I was trying to understand whether the dealer is taking a risk. They have drawn the car down from the manufacturer and had it delivered to them . They have PDI'd it. And, above all, they have registered it in my name. (Apparently they have an obligation to do that.) 

The answer seems to be that they are taking quite a substantial risk. 

Woodstok2000

GDB2222 said:

kinger101 said:

1000% refund is a bit optimistic.

I believe you are able to use the 14 day cooling off period, but the retailer is allowed to take into account the car's value has diminished when offering the refund.

34(9)
If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

Yes, the 1000% was a good typo! 

I don’t really understand how 34(9) applies if I never even pick the car up? I won’t have handled the car. 

GDB2222 said:

kinger101 said:

1000% refund is a bit optimistic.

I believe you are able to use the 14 day cooling off period, but the retailer is allowed to take into account the car's value has diminished when offering the refund.

34(9)
If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

Yes, the 1000% was a good typo! 

I don’t really understand how 34(9) applies if I never even pick the car up? I won’t have handled the car. 

I suppose they could try to argue 34(9) could apply if just registering the car in your name reduces the value - maybe a car with 1 previous owner is worth less even with only delivery mileage. Seems like a long shot but that's the only way I could see it if you rejected the sale before you've touched the car....

kinger101

GDB2222 said:

kinger101 said:

1000% refund is a bit optimistic.

I believe you are able to use the 14 day cooling off period, but the retailer is allowed to take into account the car's value has diminished when offering the refund.

34(9)
If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

Yes, the 1000% was a good typo! 

I don’t really understand how 34(9) applies if I never even pick the car up? I won’t have handled the car. 

Good point.

I'm not sure this one is clear cut.  

From your perspective, you've not done anything with the car physically, and if registering could be considered as handling, then you didn't register the car.

The dealership might argue that although the statute doesn't actually include this scenario, S34(9) was drafted with the intention of covering consequential losses.

Don't know if there's any case law or dispute resolutions relevant.  From a legal standpoint, a judge would only be bound by decisions of a higher authority.

born_again

GDB2222 said:

This is just hypothetical. 

I have bought and paid for a new car entirely without setting foot on the dealer’s premises. The car has been registered in my name, but I have not picked it up yet. 

If I decide I don’t want it after all, can I use the 14 day cooling off period and simply cancel the contract without picking up the car? If I do that does the dealer have to refund 1000% of what I paid, or can they deduct something because it’s now a slightly secondhand car? Any new purchaser would be registered as the second owner. Or, possibly even the third, if the dealer had to re register the car in their own name.

In that case it would not be a distance purchase.

To be a distance purchase, dealer would be delivering to your address.

So you would be in breach of contract.

Woodstok2000

born_again said:

GDB2222 said:

This is just hypothetical. 

I have bought and paid for a new car entirely without setting foot on the dealer’s premises. The car has been registered in my name, but I have not picked it up yet. 

If I decide I don’t want it after all, can I use the 14 day cooling off period and simply cancel the contract without picking up the car? If I do that does the dealer have to refund 1000% of what I paid, or can they deduct something because it’s now a slightly secondhand car? Any new purchaser would be registered as the second owner. Or, possibly even the third, if the dealer had to re register the car in their own name.

In that case it would not be a distance purchase.

To be a distance purchase, dealer would be delivering to your address.

So you would be in breach of contract.

This is wrong. Distance purchase rules apply whenever you pay for something without seeing it, doesn't matter if it's being delivered or if you are collecting it.