Distance purchase of a car

Okell

Woodstok2000 said:

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.

I agree.

Click and collect  - whether for a car or anything else - does not necessarily prevent a sale from being a distance contract

Okell

kinger101 said:

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. 

... 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...

If the legislature had intended para 34(9) to cover consequential losses they would have used a form of words appropriate to that intention.  They didn't, so it doesn't.

The OP hasn't even visited the dealership let alone done anything that could conceivably be considered to constitute "... handling of the goods..." so of course the dealership can't charge him anything for "diminishing" the value of the car.

(The above assumes this is a distance contract and based on what the OP has said, it is)

GDB2222

Just to add to the drama, I travelled by train to Ipswich to pick up my new car. Only, I never got that far, as sadly someone was killed by a train,  and the line was closed. I’d been on my way for two hours by the time I reversed my tracks and headed home. 

Grumpy_chap

That's a sad outcome but, one assumes, you communicated with the dealer and they are, no doubt, happy to agree an alternative collection date.  Even if the car had to be registered to you today to achieve the sales target and your price paid.

GDB2222

Grumpy_chap said:

That's a sad outcome but, one assumes, you communicated with the dealer and they are, no doubt, happy to agree an alternative collection date.  Even if the car had to be registered to you today to achieve the sales target and your price paid.

Yes. Going back next week.