Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    spindoctor Novitiate

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    Default Can I cancel new car?

    Hi all, I'm wanting bit of advice please.

    I put a deposit down of £500 on a new car with a balance to be made on picking the car up of another £1100 and the remainder to be on HP. I have signed an arfl form (or something like that) with my details for registration of the new car but not signed any finance agreement yet.

    My question is - can I cancel the car now? What redress does the dealer have if I phone him up and just say, "I've changed my mind, I don't want the car".

    I'm due to go down on Friday to pick the car up and sign for the finance.

    Many thanks in advance.


  2. #2
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    map2508 Novitiate

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    Default Re: Can I cancel new car?

    If nothing is signed then you would just lose your deposit i guess.


  3. #3
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    Default Re: Can I cancel new car?

    Hi there

    Yes I agree with map, if you haven't signed an agreement, you will still be able to cancel this, however you may lose the £500.00.

    Loobyloo x


  4. #4
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    Default Re: Can I cancel new car?

    Hi, Spindoctor.

    I have unapproved your duplicate post and shall move this post to the appropriate Forum.

    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
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  5. #5
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    spindoctor Novitiate

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    Default Re: Can I cancel new car?

    Thanks for the couple of replies to my question. I thought I'd give an update in case anyone reads this thread. I decided to phone the garage and ask whether I could cancel the car and after a day the manager phoned me up and told me I could cancel the car without any loss other than my £500 deposit. Whether this is because it is within my rights or whether he was being amenable I don't know.

    Thanks again
    Spindoctor


  6. #6
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    Default Re: Can I cancel new car?

    Quote Originally Posted by spindoctor View Post
    Thanks for the couple of replies to my question. I thought I'd give an update in case anyone reads this thread. I decided to phone the garage and ask whether I could cancel the car and after a day the manager phoned me up and told me I could cancel the car without any loss other than my £500 deposit. Whether this is because it is within my rights or whether he was being amenable I don't know.

    Thanks again
    Spindoctor
    He was probably being amenable because he will probably have made more profit by keeping your deposit than actually selling you a new car - there aint much in it nowadays!!!


  7. #7
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    Default Re: Can I cancel new car?

    Consider taking the dealer to small claims court to get back your £500. You can issue a claim on line using the governements new small claims court procedure.

    https://www.moneyclaim.gov.uk

    Send the dealer three letters, so that you can prove that you have tried to resolve the issue before starting a claim. In the letters, inform the dealer that you think £500 is excessive but accept that they have incurred some inconvinience and therefore you are willing for them to deduct an amount for this, but that you expect the majority of your deposit back. Also ask them for a Breakdownicon of the costs they have incurred.

    Online, the claim will cost about £35 and if you loose you will not be liable for the other parties costs. You have already lost £500, so it may be worth risking another £35 to get it back.

    Your case can be strengthened if any paperwork that you signed did not explicitly mention that the deposit is not refundable.

    80% of claims are settled before they get to court. The dealer may offer you a compromise payment before the case gets to court.


  8. #8
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    Default Re: Can I cancel new car?

    The Dealer is intitled to keep your deposit and take you to court for loss of proffit.


  9. #9
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    vir12345 Novitiate

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    Default Re: Can I cancel new car?

    Quote Originally Posted by ltc1607 View Post
    The Dealer is intitled to keep your deposit and take you to court for loss of proffit.
    It is highly unlikley that a judge in a small claims court would support such a claim, if mde by the dealer.


  10. #10
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    Default Re: Can I cancel new car?

    I would ask for some of the deposit back, they should only deduct an actual costs they have incurred due to administration costs and out of pocket ecpenses such as processing time etc and they would have to substantiate that. the deposit was only left as an act of good faith and to resrve the car so it is not sold to anybody else. A contract was not signed but implied that you would enter into one so they would be entitled to their expenses thats all.


  11. #11
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    Default Re: Can I cancel new car?

    Quote Originally Posted by vir12345 View Post
    It is highly unlikley that a judge in a small claims court would support such a claim, if mde by the dealer.
    Blimey

    Remind me never to sell you a car, or anything else for that matter.

    Hammy

    33 years at the pointy end of the motor trade.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE