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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
TimeWastingButFun · 26/08/2019 23:21

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

Pepperama · 26/08/2019 23:57

Cancel in person, today. Then follow up by letter

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.

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.

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.

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.

LakesandTarns · 27/08/2019 11:38

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

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.

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.

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.

Original poster
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:
Lulualla · 01/09/2019 09:43

Are you 12? Because if you're not a child then there's no excuse to not pick up the phone and call.

You agreed to the meeting even though you knew what they were going to try and sell you. No one forced you. You signed the paperwork even though you knew you couldn't afford it and didn't want it. No one forced you.

You managed to do all of that. Now you need to deal with the consequences. You need to find out either way so you can plan accordingly. Grow up, learn to say no and pick up the phone.

CatPunsFreakMeowt · 01/09/2019 09:50

You really need to call them. It won’t be as bad as you’re expecting, honestly.

Todaythiscouldbe · 01/09/2019 09:58

Yes, you need to call them or go in. Get somebody to go with you if necessary. The longer you leave it the more difficult it will be. Go today.

Howyiz · 01/09/2019 10:15

@oldgrinch why do you keep asking for advice when you don't take it? The longer you leave it the worse it is.
You are not a child do stop acting like one. Go into the deslershop and speak to the dealer.

CallmeAngelina · 01/09/2019 10:19

This is exactly what several of us told you would happen! You ducked out of phoning and took the "easier" option of emailing, and now you are still unsure about whether it's sorted and will still need to phone. And it's potentially more of an issue to resolve (i.e. they could have more of a claim to try to enforce the agreement) as more time has passed.

Beautiful3 · 01/09/2019 10:22

You're going to have to put on your big girls pants and RING them up now, before your new car arrives.

VictoriaBun · 01/09/2019 10:25

Whatever the outcome in the future always give yourself a ' cooling off period'
Set yourself a limit, say £ 500. If you ever see something that costs over that ( anything ) walk away. If it's still calling out to you the next day or so then maybe you really need it in your life !
I used to have a clothes shopping obsession , couple of times a week, maybe £150. Most of it remained unworn, tagged etc . The above was a way of breaking that cycle, except my limit was £0 ! In the majority of cases , once home empty handed I didn't feel the need to go back and buy.

couchparsnip · 01/09/2019 10:38

Just phone them. The person on the end of the phone won't be trying to catch you out or anything.
Tell them you sent an email and would like check it has been received.
Tell them what the email said and ask what the cancellation policy is. Then you'll know.

RumpoleoftheBaileys · 01/09/2019 11:12

Bloody hell, pick up the phone!

Rivkka · 01/09/2019 11:15

Phone today. Good luck, it'll be ok if you do it quickly.

Original poster
OldGrinch · 02/09/2019 07:03

Going to ring them this morning

OP posts:
Isthisit22 · 02/09/2019 07:23

Make sure you ring or you are going to end up with this car.

Then look into some kind of counselling/assertiveness training as being this timid is going to hinder you in life

KitKat1985 · 02/09/2019 11:51

Did you manage to phone them OldGrinch?

Hobbesmanc · 02/09/2019 13:56

Awww I feel your pain. I did the same things years ago with Citroen. Was perfectly happy taking out a loan to buy out my lease but then a slick and rather dishy salesman bamboozled me into taking a a new car.

When I tried to cancel it by phone a few days later (realising that it was a disastrous expense) he advised that the car had already been registered in my name so it couldn't be cancelled. I held my ground and although I was mortified, they did eventually agree to cancel.

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