Rejecting car - not as described

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plane_boy2000
plane_boy2000 Posts: 1,482 Forumite
in Motoring
Hi - I bought a car over the phone after a conversation with a trader where we discussed the car and he gave specifics about the car and its history.

He invoiced me and car was delivered, but isn't as described - things I clarified on the phone do not work, and the "full" history is far from full - missing evidence for other jobs he claims have been done etc etc.

As a result I'm wanting to reject it under the consumer contracts regulation. I'm sure he will refuse, and it will be a battle, but I have just noticed that the invoice quotes "excluded from distance selling regulations"

Will this be a problem, or is adding this to the invoice not legal?
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  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,989 Forumite
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    I don't think that can be enforced, no. However, once this is sorted, don't buy a car over the phone again. There is no need to, you should always see and drive any car you intend to buy, and make sure you see evidence of service history, etc.
  • Car_54
    Car_54 Posts: 8,213 Forumite
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    Try putting a notice on your car, saying "excluded form speeding regulations". Unlikely to work.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    The "excluded from distance selling regulations" term might well be legal.
    This is because sales concluded at a distance only qualify as distance contracts under the CCR's if they are "concluded between a trader and a consumer under an organised distance sales or service-provision scheme" and if the trader concerned doesn't normally sell over the phone or via the internet, what you did may well not qualify as an organised distance sale.

    However, this doesn't mean that you can't still reject the car, it's just that you will have to reject it under the Consumer rights act using the goods not as described route.
  • plane_boy2000
    plane_boy2000 Posts: 1,482 Forumite
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    Aylesbury_Duck wrote: »
    I don't think that can be enforced, no. However, once this is sorted, don't buy a car over the phone again. There is no need to, you should always see and drive any car you intend to buy, and make sure you see evidence of service history, etc.

    Thanks - I though that was the case, but wanted other views on it.

    Ref buying over the phone / internet I've done it before with no issues, just unfortunate that the guy sounded genuine over the phone, and appeared transparent - I'm usually a good judge of character!
  • plane_boy2000
    plane_boy2000 Posts: 1,482 Forumite
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    shaun_from_Africa wrote: »
    The "excluded from distance selling regulations" term might well be legal.
    This is because sales concluded at a distance only qualify as distance contracts under the CCR's if they are "concluded between a trader and a consumer under an organised distance sales or service-provision scheme" and if the trader concerned doesn't normally sell over the phone or via the internet, what you did may well not qualify as an organised distance sale.

    However, this doesn't mean that you can't still reject the car, it's just that you will have to reject it under the Consumer rights act using the goods not as described route.

    Appears he conducts most of his business over the internet, and makes a point of offering delivery anywhere, so I would assume its his usual method of business.

    Also hadn't realised that the distance selling regulations were replaced anyway, so I guess that makes his statement irrelevant
  • SHAFT
    SHAFT Posts: 565 Forumite
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    plane_boy2000 wrote: »
    Hi - I bought a car over the phone after a conversation with a trader where we discussed the car and he gave specifics about the car and its history.

    He invoiced me and car was delivered, but isn't as described - things I clarified on the phone do not work, and the "full" history is far from full - missing evidence for other jobs he claims have been done etc etc.

    As a result I'm wanting to reject it under the consumer contracts regulation. I'm sure he will refuse, and it will be a battle, but I have just noticed that the invoice quotes "excluded from distance selling regulations"

    Will this be a problem, or is adding this to the invoice not legal?

    Unless the car is different to the advert what evidence to you have?

    He said, she said won't cut it f he refuses the rejection.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    plane_boy2000 wrote: »
    Appears he conducts most of his business over the internet, and makes a point of offering delivery anywhere, so I would assume its his usual method of business.

    Also hadn't realised that the distance selling regulations were replaced anyway, so I guess that makes his statement irrelevant
    The Distance Selling Regulations, or rather the Consumer Protection (Distance Selling) Regulations (2000) have been replaced but the current Consumer Contract Regulations (CCRs) are still a form of distance selling reg, so his statement is still valid, albeit not actionable.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    plane_boy2000 wrote: »
    Appears he conducts most of his business over the internet, and makes a point of offering delivery anywhere, so I would assume its his usual method of business.
    In that case, the right of cancellation under the CCR's would exist.
    I still think that you should ignore these regulations and stick to the Consumer rights act for not as described.
    How did you pay for the car?
  • loskie
    loskie Posts: 1,761 Forumite
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    Distance selling revs no longer exist so it is of no benefit to him. He also cannot deny you your consumer rights no matter what he put in the contract
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    loskie wrote: »
    Distance selling revs no longer exist so it is of no benefit to him. He also cannot deny you your consumer rights no matter what he put in the contract
    Read post #8.
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