14 DAY COOLING OFF PERIOD / DEALER NEGLIGENCE ?

[Wizzkid]

Hi

need some genuine advice/help regarding my consumer rights and the 14 day cooling off period, the whole deal was done online paid deposit etc online ,signed docs online (have a email trail) went to go and pick the car up and was told to sign documents again under duress I signed them.

but when speaking to the finance house they have come back with that the dealer has made a mistake on the forms and that I am within my rights to cancel in 14 days (have in email) ( there's no cancellation form in my welcome pack/never received one and that the senior management would send one out via email to me ) fast forward today the dealership general sales manager has called me saying that I am not a regulated customer and I won't be able to cancel the lease and that the finance house advisors are low level and don't know what they are talking about because I signed docs onsite

I have it in email from the advisor saying that I can cancel the lease as I am within the 14 days cancellation period although they won't send me an email out confirming that the dealer has made a mistake and checked the wrong box?

any help or suggestions would be much appreciated it ?

 

[Kevmoz]

If they made a mistake and you have the email trail it’s probably worth speaking to a solicitor to see what your options are.

There is a difference between regulated and un regulated loans - this article may help - https://www.magnitudefinance.com/regulated-vs-unregulated-car-finance/ which may help. You need to get advice from someone who is a regulated individual or a solicitor.

All the best with it.

 

[Charlie Farley]

Hi

need some genuine advice/help regarding my consumer rights and the 14 day cooling off period, the whole deal was done online paid deposit etc online ,signed docs online (have a email trail) went to go and pick the car up and was told to sign documents again under duress I signed them.

but when speaking to the finance house they have come back with that the dealer has made a mistake on the forms and that I am within my rights to cancel in 14 days (have in email) ( there's no cancellation form in my welcome pack/never received one and that the senior management would send one out via email to me ) fast forward today the dealership general sales manager has called me saying that I am not a regulated customer and I won't be able to cancel the lease and that the finance house advisors are low level and don't know what they are talking about because I signed docs onsite

I have it in email from the advisor saying that I can cancel the lease as I am within the 14 days cancellation period although they won't send me an email out confirming that the dealer has made a mistake and checked the wrong box?

any help or suggestions would be much appreciated it ?

You have already posted this in another section, I'll remove it and leave this one.

 

[Charlie Farley]

Done.

 

[Wizzkid]

If they made a mistake and you have the email trail it’s probably worth speaking to a solicitor to see what your options are.

There is a difference between regulated and un regulated loans - this article may help - https://www.magnitudefinance.com/regulated-vs-unregulated-car-finance/ which may help. You need to get advice from someone who is a regulated individual or a solicitor.

All the best with it.

Hi, I have spoken to citizens advice and told them what has happened there response was that I need to mention the legislation of consumer rights to them see what they say, its a lease car not a loan so I pay monthly payments

 

[Wizzkid]

You have already posted this in another section, I'll remove it and leave this one.

sorry not sure where the best place for this was

 

[Charlie Farley]

No probs, best in general chat as you will get a better response from members.

 

[Wizzkid]

No probs, best in general chat as you will get a better response from members.

thanks rob any ideas on where I stand with this ?

 

[Charlie Farley]

No sorry chap, I know what I'd do but that's me.
It's one of those areas that you need to be sure you get the correct advice, CAB used be very good but recently they have become less effective .
Try a recommended independent legal advisor, best to get the right help/info the first time round to save probs later on.

 

[Wizzkid]

No sorry chap, I know what I'd do but that's me.
It's one of those areas that you need to be sure you get the correct advice, CAB used be very good but recently they have become less effective .
Try a recommended independent legal advisor, best to get the right help/info the first time round to save probs later on.

care to share open to any suggestions, I mean obviously the lease is with the finance house and not the dealer so the finance house would know better ?

 

[Charlie Farley]

I'd be going through all the paperwork to ensure I fully understood what my legal rights were regarding any cooling off period and any clauses that may be relevant, once I was 100% on the facts I would be having a serious chat with the finance company and also speaking directly in person with the director of the dealership, outlining the situation and highlighting what was said in conversations etc, also what was sent and received via email.

The problem with going to a legal rep is that they will want to charge you x amount for the services, which is all very well but you may be able to resolve it yourself with the right approach.

You need to be clear on your legal position hence why a good check through the contracts etc is important, the dreaded small print.

That's what I'd do, but hey that's just me and I have learnt the hard way over the years how to deal with some things.
I'm not a legal eagle etc so I can't and won't give you legal advice, only suggestions on a possible route to take that may help your dilemma.
Can't be more upfront than that chap.

 

[AlS3BE]

What was the actual mistake in the paperwork?
Regardless of mistake if it’s in your favour they should honour it but if it’s the other way you should be able to back out.
dealer doesn’t want to lose the sale of a new car and end up having a used car to sell which will be lower margins.

 

[Garrett 69]

Second hand cars are a stealership's bread and butter, there's very little profit in new cars compared to used.

As far as the OP is concerned, how much time elapsed between the online signing and dealership signing? If both are within 14 days then cool off should apply. In any case, as the purchase was made over the internet, distance selling regs will apply.

 

[Wizzkid]

What was the actual mistake in the paperwork?
Regardless of mistake if it’s in your favour they should honour it but if it’s the other way you should be able to back out.
dealer doesn’t want to lose the sale of a new car and end up having a used car to sell which will be lower margins.

Second hand cars are a stealership's bread and butter, there's very little profit in new cars compared to used.

As far as the OP is concerned, how much time elapsed between the online signing and dealership signing? If both are within 14 days then cool off should apply. In any case, as the purchase was made over the internet, distance selling regs will apply.

there's been some update today regarding the matter, called the finance house who the car belongs to (lease car ) and they have replied that the dealer has made a mistake on the paperwork and that I am within my rights to cancel the agreement as in 14 days have this In email from them too, they didn't want to mention that the dealer has made a mistake in the paperwork as I would assume it will open them up to a lawsuit, guessing the dealer is trying cover there own back!!

 

[AlS3BE]

just back out. Ultimately it’s the finance/lease company’s car so they will have to take it back off you and then they will deal with the dealers. Ultimately the dealer sold a car to lease company and they leased it to you. You shouldn’t need to talk to dealer. Let the lease company deal with it after you walk away.

 

[Dubjam]

If you paid the deposit with a credit card, you have full Section 75 coverage on any distance purchases to the full value of the purchase.

Once credit card companies get involved, things generally go well..

 

[Wizzkid]

If you paid the deposit with a credit card, you have full Section 75 coverage on any distance purchases to the full value of the purchase.

Once credit card companies get involved, things generally go well..

unfortunately not via bank transfer!

 

[Wizzkid]

just back out. Ultimately it’s the finance/lease company’s car so they will have to take it back off you and then they will deal with the dealers. Ultimately the dealer sold a car to lease company and they leased it to you. You shouldn’t need to talk to dealer. Let the lease company deal with it after you walk away.

correct this Is what I am doing although I feel like my deposit has been held as hostage in this case, I assume the dealer is acting like a broker here!

 

[jdp1962]

If you paid the deposit with a credit card, you have full Section 75 coverage on any distance purchases to the full value of the purchase.

Once credit card companies get involved, things generally go well..

Only if the total value of the transaction doesn't exceed £30,000 if I remember correctly.

 

[Dubjam]

Only if the total value of the transaction doesn't exceed £30,000 if I remember correctly.

Very true, Ive never spent 30k before on a single purchase so it didn't register!

 

[Gazbo109]

Hi

need some genuine advice/help regarding my consumer rights and the 14 day cooling off period, the whole deal was done online paid deposit etc online ,signed docs online (have a email trail) went to go and pick the car up and was told to sign documents again under duress I signed them.

but when speaking to the finance house they have come back with that the dealer has made a mistake on the forms and that I am within my rights to cancel in 14 days (have in email) ( there's no cancellation form in my welcome pack/never received one and that the senior management would send one out via email to me ) fast forward today the dealership general sales manager has called me saying that I am not a regulated customer and I won't be able to cancel the lease and that the finance house advisors are low level and don't know what they are talking about because I signed docs onsite

I have it in email from the advisor saying that I can cancel the lease as I am within the 14 days cancellation period although they won't send me an email out confirming that the dealer has made a mistake and checked the wrong box?

any help or suggestions would be much appreciated it ?

Hi Mate

I work for a car company and with you signing off site the rules change hence they have asked you to sign on site . You have your right to hand back the car if your within your cooling off period regardless of what boxed they have ticked . It all because it will be a pain for them to unravel the finance deal . Dont let the GM put you off mate

 

[JohnM100]

Maybe I missed something but what is the error they made and the impact/change they want to make? I saw this asked but didn’t see an answer. Without that, most of the text below is supposition.

For you to be ‘unregulated’ you have to have a lot of assets/salary and a big finance deal. There is no way they could know your net worth from a credit check so their claim would be down to size of finance deal, or they are trying to squirm their way out / fix their own mess.

If the error is in your favour and you want to keep the car, I’d say keep the deal and car and not sign anything else - then it’s their problem with the FCA and not yours, as they *will* be regulated and more worried about the FCA / Finance company than they are of you.

Depending on how you are feeling, you could ask for something else e.g. mats or free service, and you’d re-sign assuming the new terms are not disadvantageous to you - and check that with a fine tooth comb - T&C, term of agreement, APR, termination, everything. Keep them on the back foot. The phrase ‘not my problem’ is effective if they get to pushy to re-sign as by doing so, you’d be fixing something for them.

To get them further onto the back foot - if the finance house owns the car, say you’ll only deal with them (& watch the expression on dealers face) - this is high risk though.

Given the date stamps of the thread, I guess the 14 day cooling off period may have expired / expiring soon anyway, depending on when you signed.

If you want to bail (unfavourable terms / just had enough & want out / whatever reason) and are within the 14 day window and not rich, you should be within your rights to do so - whether you signed online or in person is irrelevant. Signing again in the dealership in part weakens your case but you could argue the 2nd signing resets the clock on the 14 day cooling off period.

If they go extreme and say deal ‘as signed’ is void then check the T&Cs and say ‘if void, why did dealership sign’ and you’ll report to FCA will normally put them back in their box.

Disclosure: I am not a solicitor/barrister but have done more than my fair share of jousting on pushy finance proposals.

 

[Wizzkid]

Hi Mate

I work for a car company and with you signing off site the rules change hence they have asked you to sign on site . You have your right to hand back the car if your within your cooling off period regardless of what boxed they have ticked . It all because it will be a pain for them to unravel the finance deal . Dont let the GM put you off mate

Hi,

that's what I want to do I told the dealer this and he then went on to mention the above, it has roughly been around 10 days since I told them I would like to give the back and I am not happy with it, currently in talks with citizenship advice bureau, I mentioned to the dealer as soon as well within the 14 days I would like to hand the car back hence the above response from the GM

 

[Wizzkid]

Maybe I missed something but what is the error they made and the impact/change they want to make? I saw this asked but didn’t see an answer. Without that, most of the text below is supposition.

For you to be ‘unregulated’ you have to have a lot of assets/salary and a big finance deal. There is no way they could know your net worth from a credit check so their claim would be down to size of finance deal, or they are trying to squirm their way out / fix their own mess.

If the error is in your favour and you want to keep the car, I’d say keep the deal and car and not sign anything else - then it’s their problem with the FCA and not yours, as they *will* be regulated and more worried about the FCA / Finance company than they are of you.

Depending on how you are feeling, you could ask for something else e.g. mats or free service, and you’d re-sign assuming the new terms are not disadvantageous to you - and check that with a fine tooth comb - T&C, term of agreement, APR, termination, everything. Keep them on the back foot. The phrase ‘not my problem’ is effective if they get to pushy to re-sign as by doing so, you’d be fixing something for them.

To get them further onto the back foot - if the finance house owns the car, say you’ll only deal with them (& watch the expression on dealers face) - this is high risk though.

Given the date stamps of the thread, I guess the 14 day cooling off period may have expired / expiring soon anyway, depending on when you signed.

If you want to bail (unfavourable terms / just had enough & want out / whatever reason) and are within the 14 day window and not rich, you should be within your rights to do so - whether you signed online or in person is irrelevant. Signing again in the dealership in part weakens your case but you could argue the 2nd signing resets the clock on the 14 day cooling off period.

If they go extreme and say deal ‘as signed’ is void then check the T&Cs and say ‘if void, why did dealership sign’ and you’ll report to FCA will normally put them back in their box.

Disclosure: I am not a solicitor/barrister but have done more than my fair share of jousting on pushy finance proposals.

Hi ,

thanks for the response & advice, I am not dealing with the dealership anymore as mentioned I have told the dealer I would like to cancel within my 14 day cooling off period, the finance house who the car belongs to have agreed to me in email that the agreement is cancellable and that I should wait for the post to arrive (I buy things from eBay which arrive in 2/3 Days) so strange as to how its been 8 days and the cancellation form and welcome pack has still not been received by myself, I am not a rich man although I work hard for what I have.

the 14 day cooling off period has expired but have in email from the finance house who the car belongs to that I should instead email this department to get the agreement cancelled and they will honour it as been contacting them within the 14 days which I did and 72 hours later no response to be honest I am completely fed up & frustrated with the matter at hand constantly on the phone to the finance house who are saying I can cancel but need to wait for the cancellation form to be sent to me which never arrives so I just want out furthermore I am now without a car as I have stopped using the car so have to rely on Uber & public transport to get around.

I am currently in talks with the citizenship advice bureau who are helping me escalate the matter forward.

This is a PCH (Personal Contract Hire) and not PCP, or a business deal was all done in my personal name.

 

[AlS3BE]

But what was the error in the paperwork?
You’ve managed to avoid answering that in all your responses, is there a reason for this?
If it’s something simple like your address spelt wrong you are in In a more difficult position, as it would appear you changed your mind rather than if they got something like the financial terms wrong where it has an impact on you.

 

[Wizzkid]

But what was the error in the paperwork?
You’ve managed to avoid answering that in all your responses, is there a reason for this?
If it’s something simple like your address spelt wrong you are in In a more difficult position, as it would appear you changed your mind rather than if they got something like the financial terms wrong where it has an impact on you.

I am sure i have mentioned in the first post from what finance have said is that the dealer has checked the wrong box making it a uncancellable agreement when it should be the other way around,

 

[abmat]

But why are you cancelling? You’ve made no mention of that reason. Just that a wrong box was ticked.

 

[Garrett 69]

Can anyone else smell that? Cows is it?

 

[AlS3BE]

I’ve looked through some old lease documents and never have I seen an uncancelable clause or check box.
everything can be cancelled, poor substandard product, not expecting what you signed up for etc etc, the list goes on.
then you got laws/regulations like distance selling act, consumer credit act, sales of good act etc etc so as a consumer we are well protected so a clause like uncancelable, not even sure that’s a word, will not be allowed or used in a contract unless it relates to something specific.

 

[Wizzkid]

I’ve looked through some old lease documents and never have I seen an uncancelable clause or check box.
everything can be cancelled, poor substandard product, not expecting what you signed up for etc etc, the list goes on.
then you got laws/regulations like distance selling act, consumer credit act, sales of good act etc etc so as a consumer we are well protected so a clause like uncancelable, not even sure that’s a word, will not be allowed or used in a contract unless it relates to something specific.

the finance house who the car belongs to have mentioned to me over the phone that the i can cancel the agreement and that the dealer has checked the wrong box on his side apparently when submitting the forms apparently i am sure i have mentioned this in the first intial post

 

[jdp1962]

I think what everyone else is unclear about is whether you want to cancel, and if you do, why?

 

[Wizzkid]

I think what everyone else is unclear about is whether you want to cancel, and if you do, why?

i would like to cancel, the reason i would like to cancel is the car is not suitable for my needs not to mention the drive is atrocious , before anyone else asks there was no cars at the dealership to take a look at or test drive!

 

[Dubjam]

i would like to cancel, the reason i would like to cancel is the car is not suitable for my needs not to mention the drive is atrocious , before anyone else asks there was no cars at the dealership to take a look at or test drive!

I'm confused. You must have been aware of what 'type' of car you needed before purchase? There were 'no' cars in any brand dealership in your area to look at or test drive? None? Nada?

What's wrong with the ‘drive’? What's the full model/value of the car you leased?

 

[Garrett 69]

My read on the situation is thus:

1. Young(ish) lad wants an RS3/RS4 to impress the ladies and get laid.
2. Signs up to a lease.
3. Goes to dealer.
4. Goes home.
5. Gets insurance quotes and either realises that he cannot afford that and the lease payments *or* can't get insurance.
6. Tries to get out of a legally binding contract, making up excuses as he goes along.

 

[abmat]

i would like to cancel, the reason i would like to cancel is the car is not suitable for my needs not to mention the drive is atrocious , before anyone else asks there was no cars at the dealership to take a look at or test drive!

I find it hard to believe that there was nothing in the model range you have to test, unless it’s an A8, r/s model. I think your grounds for cancelling are shakey at best.
There is so much information out there that you could have made an informed decision without test driving for final confirmation.

 

[AlS3BE]

Curious what you mean by drive is atrocious?
Rough, bumpy and uncomfortable? Handling wasn’t like a wee fiesta?
also what do you mean by not suitable? Too big, too small, too expensive?
As everyone has mentioned you must have known roughly what you were getting into before signing the deal. Ie a normal person isn’t going to sign a deal for a 2 seater Audi Tt convertible when they are needing a family car and big boot for kids and prams.
it’s a can of worms you are opening and I would say lease companies and car dealers can afford good lawyers if it came to it and they know the rules/regulations better than you or any of us here.
if it appears you just changed your mind you will most likely lose your deposit and will have to pay something towards any mileage you drove on the car.
if you think about it a brand new car let’s say is worth £20k. When it becomes a second hand car even with 20miles on it, it’s worth probably £17-18k, most likely a lot less as it will probably goto an auction, as it’s now not new and can’t be sold as such.
the lease company or dealership isn’t going to take that hit unless it’s their fault or the car is not up to standard/faulty. This is why they take a relatively large deposit in case people go broke or change their minds.
poor drive and not suitable, unless the car is faulty, is your problem not the dealer or lease company unfortunately. Also that random tick on the forms isn’t a good reason to pull out as they can just send you updated documents.

 

[jdp1962]

@Wizzkid , am I right in thinking this wasn’t just a car you saw in a showroom and said “I’ll have that” but is instead a car built to order at your specific request? If so then I seem to recall the Consumer Rights Act has a restriction on cancelling bespoke items. I don’t know if it would apply to your situation but you really need to get some good professional advice here.