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query re getting out of a new car purchase - what are my rights?

17 replies

SpanishFly · 11/04/2021 11:08

The internet is a little confusing on this one - so hoping that someone on here can give me some advice.

12 days ago, we put a small deposit on a brand-new car, which will be ready June/July.
The entire negotiation was via email, and we paid the small deposit over the phone.
We have not at any point physically signed any paperwork or finance agreement.

IF we want to cancel the agreement, do we have to do so in the next 48 hours, or do we have longer than that, given that it was distance selling and also no finance agreement or sales paperwork has even been signed?

Many thanks for the info.

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OneEpisode · 11/04/2021 11:11

Have you chosen a specification, colour, options etc?

Foxyloxy1plus1 · 11/04/2021 11:14

You wouldn’t presumably, have been able to physically sign paperwork at the moment. I imagine an e signature is binding in the current circumstances, so I think the 14 day cooling off period will apply.

SpanishFly · 11/04/2021 11:18

yes, it's a standard model, no extras and optional extras.

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SpanishFly · 11/04/2021 11:22

*or optional extras.

@Foxyloxy1plus1 I know what you mean, but the rules for distance selling are different from me going to the showroom, which is what I can't seem to find a clear answer on

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Foxyloxy1plus1 · 11/04/2021 11:52

Yes they are, but I don’t know whether the fact that you can’t actually go to showroom at the moment because they’re closed, makes a difference.

Have you decided you don’t want to buy the car, or do you need more time?

SpanishFly · 11/04/2021 13:44

Thanks - I think where I'm confused a bit too, is that he asked if we had a printer to print off the forms then sign and return them, however that's never been mentioned since then.

My husband has found out he won't have a job in 3 weeks :/ So we're weighing up whether it's too risky to be starting a new finance agreement, or whether realistically we could cope financially even if he gets a much lower-paid job in a few months

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Foxyloxy1plus1 · 11/04/2021 17:32

Ah, that definitely makes a difference. I think I’d postpone it and wait to see how the job search goes. Disappointing, but you don’t want a bad credit rating if you can’t make the payments.

MargotMoon · 11/04/2021 18:53

I would phone Citizens Advice consumer helpline on 0808 223 1133 tomorrow as it's a grey area

SpanishFly · 12/04/2021 14:51

Thanks. Citizens advice said it's 14 days from the agreement being made, so we've emailed to cancel the sale/agreement.
He said our deposit is nonrefundable, so we'll have to ask citizens advice for more info on that. I replied to ask if he could let me know where it states deposits are nonrefundable in the meantime. If it is, then so be it. I'd rather be a couple of hundred out of pocket than tied to a contract that might cripple us due to the change in circumstances. 😕

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MargotMoon · 14/04/2021 07:52

A 14 day cooling off period should be just that - no obligation at all. They should refund you. If not then you could contact your bank and raise it as a dispute. I'm sure CAB can talk you through it all and tell you which rules to quote though

SpanishFly · 14/04/2021 09:35

Thanks. I agree. Waiting for CAB to get back to me. I've even quoted the Motoring Ombudsman information to them, they say that a distance sale means we get a full refund, but they're still saying no, and saying their T&Cs say the deposit is nonrefundable.
Not sure why they think their rules are above the law, though. In any case, they didn't send me any contract or T&Cs, so I'd have to be a mind reader to have known what their terms were!

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DianaT1969 · 14/04/2021 12:16

Cancel now. You can always buy again when you are ready.

SpanishFly · 14/04/2021 13:04

@DianaT1969 I have cancelled already. Now battling to get our deposit back 😕

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MargotMoon · 14/04/2021 21:48

Who are these bunch of clowns? How can they even argue that when you weren't given any T&Cs?

SpanishFly · 14/04/2021 23:56

It's honestly mind-blowing. They're a HUGE car dealership.
And they wonder why car salesmen get such a poor reputation.

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JustGotToKeepOnKeepingOn · 15/04/2021 00:00

If they're adamant they won't give the deposit back, would they consider holding your deposit for a car in 3 months time (or more)?

SpanishFly · 15/04/2021 13:25

I doubt it, to be honest. He was more than arsey when I said we were cancelling the contract.

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