Hi there,

I chose a vehicle on Lease2Buy's website (I think the company is officially DCH Scotland) and paid a deposit of £250. A few days later I phoned to say I no longer wanted the vehicle. The man argued with me and was quite rude. I was given a different person to deal with. The next day I agreed to a different vehicle and paid a deposit of £1050 over the phone. I then had a family emergency (related to a family situation I had already informed them about) which means I can no longer commit to a vehicle or credit agreement. I phoned them to cancel and the man dealing with me said 'I'm not going to refund any of your money'.

So I emailed them the same day with a letter attached stating that according to the Consumer Contract Regulations June 2014 and Consumer Selling Regulations 2013 I changed my mind within the 14 day cooling off period and want a full refund within 14 days of the date of the cancellation letter. They ignored me. I have since tried to phone them but they just say they will phone back but never do. The woman who answers the phone says I changed my mind about 4 different vehicles (this is not true) and the matter is not in her hands, but then no one comes back to me.

I have never signed any contract or paperwork. It was a verbal agreement over the phone about a car. I paid the holding deposit less than 14 days previous. I have never seen the car, other than on the website.

I really need my money refunded to pay for urgent medical bills abroad. what can I do?

I'd really appreciate any advice.

Thanks.

Hi Claire

Welcome to CAG

How did you pay the deposit?

Hi there,

I paid the deposit by Visa Debit card over the telephone. This was less than 14 days ago. I have tried to phone today and been told someone would phone me back. Of course this did not happen. My husband asked to speak to the manager and was told that the man who had dealt with us (and said "I'm not going to give you your money back") is the manager. This doesn't make sense as he himself told me 2 days ago that he would have to speak to his manager.

I don't understand how they can just take my money. I have told them I cannot afford a credit agreement. I haven't signed anything or seen any form of paperwork. I haven't received or seen any goods. They did 'prepare' the car for me, but their charge for this should be tiny - £250 (if anything), not my entire £1300 deposit. I've been waiting all day for someone to phone back but I don't think it will ever happen.

Hi Claire

Contact your Card Provider, ask to carry out a Chargeback. Speak to them over the phone, then send the amended template. Send it Recorded Delivery. Don't speak to the dealer over the phone.

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/can_you_change_your_mind_about_buying_a_car_.htm

I'll phone my card provider and ask them to do a charge back like you suggest. What should I tell the bank? Thanks for all your help, it's really appreciated, Claire.

State that you paid over the phone, that you've tried to cancel within the'cooling off' period, but they are ignoring your rights under the Consumer Contract Regulations 2013. Explain that you've sent an email and contacted them over the phone, but they keep ignoring you.

I'll phone my card provider and ask them to do a charge back like you suggest. What should I tell the bank? Thanks for all your help, it's really appreciated, Claire.

Hi there, I phoned the bank and they were pretty good. They said they would send a form to my home address and I must fill it out and send it back in the pre-paid envelope with whatever proofs I have. I told them I'm away from home at the moment but they said they can't email it. So I'm going to fill it out and do as they ask when I return home. In the meantime I'm going to complete the template you linked to and send that as well. I'll also post the company a copy of the cancellation letter I previously emailed too. Do you think I should also write to my ombudsman or something? What would be the first way to complain about the company other than the company itself? (as they aren't responding)

Just concentrate on getting your money back, complaining about the company can wait. Carry out the bits that you highlighted that need doing.

Keep us updated on progress.

Hi there, I phoned the bank and they were pretty good. They said they would send a form to my home address and I must fill it out and send it back in the pre-paid envelope with whatever proofs I have. I told them I'm away from home at the moment but they said they can't email it. So I'm going to fill it out and do as they ask when I return home. In the meantime I'm going to complete the template you linked to and send that as well. I'll also post the company a copy of the cancellation letter I previously emailed too. Do you think I should also write to my ombudsman or something? What would be the first way to complain about the company other than the company itself? (as they aren't responding)

Hi again,

Thanks so much for your help.

I sent a secure message to the bank today via my online account copying and pasting the completed template requesting a chargeback. I also put it in a letter and printed it and posted it to Santander with evidences. I won't be able to be home to collect, complete and return their posted special forms for some time and I really need my money refunded. I don't have a lot of faith in the ChargeBack process as I know it isn't the law for them to charge the payment back.

When I finally managed to get through to someone at Lease2Buy yesterday I was told that the Director of DCH Scotland, a Mr. Armstrong, would make contact with me today, but of course this hasn't happened. They have taken the 'reserve' sign off the car I put a deposit on so it seems their intention is to provide no goods and just keep my money and ignore me.

I would like to take this to a higher level - it's not about complaining for the sake of complaining - it's because I really need to light a fire under their **** to try and get them to refund me. I'm not going to let them just keep £1300 pounds of my money, taken over the telephone with nothing signed, and just walk off into the sunset peacefully.

Do you know how I can take this to a higher level - seeing as the company are refusing to respond to me or my cancellation letter?

Thanks, Claire.

Hi Claire

Contact CAB tell them this is what it says on there website, not only have they got the old regulations on their website but they won't refund according to the new regulations. Can they pass the matter onto Trading Standards, be very pushy, speak to a manager at CAB if you have to. Read out the bit in blue to them.

This is the latest regulations:- Consumer Contract Regulations 2013.

http://www.citizensadvice.org.uk/index/getadvice.htm

'Once approved, we ask for a securing deposit of £250* or more depending on the vehicle, this is so that we can prepare the car for collection. This will count towards your full deposit. Upon collection we ask for a copy of insurance, photo ID, a utility bill, bank details and any remaining deposit.

We will also ask you to fill in a simple affordability form. xxxxxxx to download it.

*refundable if you change your mind within the cancellation period, as prescribed in regulation 14 of the Consumer Protection (Distance Selling) regulations 2000.'