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Where do I stand?


sameagle
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I went into a large Ford dealership on Sunday, and looked at a new KA, a similar model was produced for me to have a test drive, and, after the drive, a question and answer session with the salesman.

 

One question that I asked, (because the car is so small), was, "Can a towbar be fitted", to which the reply was, "I don't think so, but I'm really not sure".

 

I thought that this was a question that would be better directed at a towbar supplier, so I signed an order form for a new car, chose a reg number from a list and paid 200 pounds deposit.

 

On Tuesday, yesterday, I returned to complete an HP agreement, four thousand odd pounds to be paid when I pick up the car, tomorrow, Thursday, and the remaining three thousand odd to be paid in two years time.

 

Last night, I discovered that because Ford never stated a towing capacity for the KA when it was designed, to fit a towbar would be illegal!

 

On it's own, the car isn't big enough for my requirements.

 

Today, just 24 hours later, I have been in, spoken to the sales manager, and told him that the car isn't suitable for me without the towbar, (for occasional use), and that I am withdrawing from the deal.

 

The HP forms allow me a 14 day withdrawal, and the order form, although it mentions that it is a legal contract, also mentions that nothing in it "affects a consumer's statutory rights under the sale of goods act 1979 or the unfair contract tems act 1977"

 

The sales manager was not pleased with my decision, tried to interest me in another, bigger car, but I said that I wanted time to think - I do, I have been up most of the night, thinking about this.

 

Then he started going on about how they will have to "deregister" the car, and that DVLA don't like it, and all of this could cost the dealership "thousands"

 

Where do I stand with all of this, I have to send written notification to the HP company, which will be posted tomorrow, although he is contacting them today, and I have to arrange for my insurers not to transfer my insurance from my present car.

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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On the basis of what you say here, your statutory rights don't come into it. It seems to me that you were aware that further questions need to be asked about the towbar and yet you went ahead regardless.

 

However, if there was a 14 day cooling off period then you are entitled to benefit from that and regardless of the reason.

 

I expect that it will cause problems for the dealership – but that is part of their business and they will have had to consider that when deciding to sell cars with that kind of finance arrangement

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Thanks Bankfodder,

 

I have since spoken to somebody from another dealership, (not Ford), and he tells me that it is not too difficult, (for a dealership), to get a car deregistered, and' my cancellation will not cost them "thousands".

 

The sales manager was probably miffed because I didn't want to discuss buying another car from them, and he could envisage me walking out of his door, which I did of course!

 

If the salesman didn't "think" that a towbar could be fitted, then I think that he should have told me why, then I would have been better informed.

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Thanks Bankfodder,

 

I have since spoken to somebody from another dealership, (not Ford), and he tells me that it is not too difficult, (for a dealership), to get a car deregistered, and' my cancellation will not cost them "thousands".

 

The sales manager was probably miffed because I didn't want to discuss buying another car from them, and he could envisage me walking out of his door, which I did of course!

 

You are probably right!

 

If the salesman didn't "think" that a towbar could be fitted, then I think that he should have told me why, then I would have been better informed.

 

Sam

 

Here I must disagree.

The salesman could have said " I think so, but I'm not sure" and still been in the clear - as long as they tell you they aren't sure.

However, you note they even said they thought not :

One question that I asked, (because the car is so small), was, "Can a towbar be fitted", to which the reply was, "I don't think so, but I'm really not sure".

There is no attempt to mislead - and if they say they aren't sure, no obligation to tell you why "they don't think so" either : it is down to you to check

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As you say you've got the 14 days to cancel the contract, so they can't try to tie you in like that.

 

Don't expect your £200 deposit back though as the dealer never really mislead you in any way. They said they didn't think so, but weren't sure, but you went ahead anyway without checking.

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Thanks for all your replies, the salesman that I dealt with was not there when I went in to cancel, Wednesday is his day off.

 

He telephoned me late yesterday afternoon, and asked what happened, so I told him, he didn't appear to know why towbars cannot be fitted to a KA, or made out that he didn't know, and claimed not to know that to fit one would be illegal.

 

I left him in no doubt that if anyone ever raises the towbar question again, that he now has the full information, and that he should tell his customer exactly why one cannot be fitted, and that they are liable to prosecution if they fit one.

 

I realise that I might not get my deposit back, although I don't think that anything I signed states that it is non-refundable, if it doesn't materialise, then I'll simply take it on the chin.

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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