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AIBU?

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I have been really stupid, new car

136 replies

OldGrinch · 25/08/2019 11:07

Not really an AIBU but need to vent. I am currently on a personal contact hire lease for my car which is coming near the end of contract. The car went in for a service last week and the dealer asked me if I wanted to pop in for a "chat" afterwards. Now I know this was a v bad idea as they only ever want to flog you another new car and I couldn't really afford it. Work had spoken to me about doing some extra hours so possibly more money in future but nothing confirmed. Anyway, I thought I would just go for the chat with car dealer which was utter stupidity in itself. I have ended up signing an order form for a new car for September, I don't want the car anymore, but don't think I can cancel as signed the agreement on dealers premises. Also work have now said the extra hours won't be possible after all Sad. Has anybody been in a similar situation and managed to get out of it? I know I've been a massive twerp.

OP posts:
OldGrinch · 01/09/2019 09:40

Thanks to everyone who replied. An update, I finally wrote a polite email informing them I had to cancel due to change of circumstances and reduced hours at work. I gave my apologies, and thanked them for all the years of great customer service they had provided (so as to remind them that an a long standing customer with this dealership already have current car lease with them). I emailed to the salesperson that was dealing with it and also forwarded to main dealership email. That was a few days ago and I have heard nothing back. Both emails Def gone through. Just scared that it's a deliberate ploy of some kind. They can't force me to take the car right? Should I ring them or just leave it? Really don't want to ring Sad

OP posts:
pollymere · 28/08/2019 23:18

Realised I'd missed a post. You've signed an order form with no deposit. There's not much they can actually do and they should have taken a deposit. Polite to ring to say you wish to cancel.

pollymere · 28/08/2019 23:09

You may be covered by Consumer Credit Act 1974 which does have a 14 day right to withdraw (yay!) I'm not clear what you've actually signed. If you have paid a deposit by credit card you may be able to use this in your favour. It's probably easiest to ring up and say you need to cancel as you can't afford it.

prh47bridge · 27/08/2019 17:38

The long and short of it is, yes you can cancel this without penalty within 14 days of signing

If the OP has signed a PCP then yes, she has a 14 day cooling off period during which she can cancel without penalty. However, it is not clear that she has signed a PCP. If she has simply ordered the car she does not have the right to cancel without penalty. She can, of course, still cancel but she may have to pay some kind of penalty.

LakesandTarns · 27/08/2019 11:38

Op this is ridiculous, have you actually done anything yet, since setting up this post?

browneyes77 · 27/08/2019 09:17

A completed order form is a completed, legally binding contract. Fine if the seller is willing to agree to cancelling as a matter of goodwill, but it's wrong to tell OP that she has a right to cancel.

Everyone has the right to change their mind.
There may be a cost implication you have to suck up if you change your mind, but you still have the right to change your mind.

People are talking as if the OP is stuck with the new car now and just has to suck it up. No she doesn’t. She can speak to the dealership first and see if they are willing to cancel the order. She has every right to ask the dealership that question.

People have the right to cancel orders and contracts, but this may come with a forfeit or negative implications, so they may charge you for cancelling etc.

Just looking on the Citizens Advice Bureau webpage and nowhere does it say that if you order goods on businesses premises you have no right to cancel that order. What it says is that IF you cancel that order/services you may be financially penalised for doing so.

Freefaller86 · 27/08/2019 08:22

Right! Some really bad advice in here today!

The long and short of it is, yes you can cancel this without penalty within 14 days of signing.

This is because you are a regulated customer under the financial conduct authority. Unregulated customers are private companies etc. Lots of companies like to confuse the two because it’s a significant difference in rights that often benefits them.

Your best way of handling this is to go your your solicitor, have them draft a rejection letter for the contract and have them courier it over recorded delivery. So long as you are within the 14 days that’s all you need to do.

Tonnerre · 27/08/2019 08:08

A completed order form is a completed, legally binding contract. Fine if the seller is willing to agree to cancelling as a matter of goodwill, but it's wrong to tell OP that she has a right to cancel.

browneyes77 · 27/08/2019 07:06

Lawyers have come on here and explained definitively that there is no cooling off period, yet still people are telling OP to cancel.

The OP has also stated she hasn’t signed any finance agreements or handed over any deposits, just completed a new car order form. Orders can be cancelled

There have also been several people who work in the car sales industry who have said because its only an order form she has filled in, she can easily cancel it.

Either way, what harm is there in the OP contacting the dealership and trying to cancel the order? If she can’t she can’t, but there’s nothing wrong with her trying. You don’t ask you don’t get.

Pepperama · 26/08/2019 23:57

Cancel in person, today. Then follow up by letter

TimeWastingButFun · 26/08/2019 23:21

Just cancel and tell them you felt under pressure from the salesperson. Put it back on them.

Bellasblankexpression · 26/08/2019 22:59

Don’t email OP they can pretend they haven’t seen it and if you don’t get a confirmation you’ll have to phone to chase up anyway.
Just call and explain as several other posters have said.

Tonnerre · 26/08/2019 22:53

Lawyers have come on here and explained definitively that there is no cooling off period, yet still people are telling OP to cancel. Honestly, if you don’t know what you’re talking about it’s incredibly dangerous to purport to give legal advice.

imalrightjack · 26/08/2019 21:03

THERE IS NO SUCH THING AS 14 DAY COOLING OFF PERIOD

There is a 14 day right to withdraw which means you BUY the goods using cash or other means, but you are still obliged to buy the vehicle (this applies if you have already signed the finance agreement, which I assume you have??)

Goodebe · 26/08/2019 20:59

OP please call CAB for advice quickly as I believe if there is a linked finance agreement then you may be able to cancel that, this should in turn cancel the related purchase (the car) good luck

KitKat1985 · 26/08/2019 20:45

Did you mange to cancel it OP?

Alsohuman · 26/08/2019 19:23

Did I say they were the same thing? How would an affordability check work? Nobody would ever buy a car if they went into the detail they do for a mortgage.

Tiredand · 26/08/2019 19:19

Credit check and affordability aren't one and the same thing. Hence the big risk of it blowing up in the car industries face.

Also hence the fact that if you've got poor credit history and repayments looks ropey then you just get quoted a higher interest rate to cover the extra risk of repossession, rather than told you can't afford it and declined.

Alsohuman · 26/08/2019 19:13

They do a credit check.

Tiredand · 26/08/2019 19:12

itsjustafly - top person - everyone who does buy a new car (or more likely take out a finance agreement on one rather than actually buy it) should go to you.

Tiredand · 26/08/2019 19:09

What affordability checks did they do? Car sales is likely to be the next PPI so they will be wary if they haven't checked circumstances. I'd also suggest dealing directly with the Dealer Principal who will be the one to sign off contract cancellation only.

Failing that go on Social Media complaining how you were mis sold and name the dealership.

Cheap cars are far better than ones on finance unless you're earning above £60K p.a. And remember, if you buy a cheap car you actually own it no matter what it is, something those with a PCP can't claim.

Starlingsarebullies · 26/08/2019 18:33

@70isaLimitNotaTarget. I have just successfully retrieved £3k through the small claims court in almost exactly the same circumstances. The company insisted the item (a bed) was bespoke when my elderly parents tried to cancel. Fortunately the small claims court disagreed.

Sammy19842 · 26/08/2019 18:32

^before not edits

Sammy19842 · 26/08/2019 18:30

I was pretty certain it was 28 days to cool off. Either way, I have been in the same situation, where my ex signed up to a new car for me, but then started demanding certain things of me if we were going to do it. Such as I had to give up on my nursing training and go back to full time work etc etc. Anyway I called them a couple of days edits I was due to pick it up, and said I wouldn’t be taking the vehicle anymore. That was prob about ten days after the initial signing. He was desperate to talk me around in to still having it, but I stood my ground.
Long story short they couldn’t make me have it, but I had paid a £200 deposit which I lost. I hope this helps (this was a ford garage btw).

Wheret0n0w · 26/08/2019 18:24

@OldGrinch hope you were able to cancel. Good luck