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Withdrawal from CLS finance (UCan car credit) agreement?

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Hey, 

 

I am after some advice. 

 

On Tuesday I signed a new agreement for a car with CLS finance (UCan car credit) I have not received the car due it needing a new MOT and 6 things repairing. The car was delivered to the dealership today. 

 

I have been told in email from the dealership that because the car was in for work they have not invoiced the finance company there for my repayments will not start from the date I collect the car (tomorrow) and a new agreement is signed. 

 

I have since sent an email of withdrawal to CLS as it is not financially right for me to take the car at this moment in time (my monthly outgoings will increase by almost £200 )

 

Looking through the contract I came across the below and I am wondering how legally binding it is with me not yet having the car, the fact they have not been invoiced and the dealership have said I will sign a new contract on collection.

 

Any help would be amazing as I feel I may have a little bit of a battle on my hands with this one. 

 

Right of withdrawal You have the right to withdraw from this agreement, without giving a reason, in accordance with the provisions below. You must give us oral or written notice of your intention to withdraw froo the credit agreement before the end of 14 days beginning with the day after the day on which the agreement is made.

Once you have given us notice of your intention to withdraw from this agreement, you must pay to us at our address shown in the agreement, without delay and no later than 30 calendar days beginning with the day after the day you gave us notice of withdrawal, the amount of credit provided under the agreement together with interest from the date the credit was provided to the day we receive full payment in cleared funds

 

 

 

 

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then do as it says 

send a letter cancelling the agreement by recorded post within 14 days..

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Which I have done, I have sent the email cancelling but my question is in relation to the part where it says I can withdraw from the agreement but I am not allowed to hand the car back and I will be liable to pay for it. 

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total garbage.

write do not email.

 

what happens to the car is not your problem.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Your Right of Withdrawal entitles you to withdraw from the credit agreement by paying the amount 

of credit and the daily interest rate during the qualifying time period. 

Your Right of Withdrawal does not entitle you to hand the car back to us or to ask for the car sale to 

be cancelled.

 

That is the part of the contract that I should also of added into the original post 

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does the agreement state it is regulated by the consumer credit act CCA?

if so

 they cant change the act by stupid T&C's which are unenforceable anyway.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I am also going to send a letter signed for so that they have had it in writing as well, I have never seen this in a finance agreement before so I am a little concerned as to if I will be liable to pay for the car. I also thought the 14 day cooling off period was to withdraw from the financial agreement and to hand the products back. 

 

If that is not the case then I have fully misunderstood the 14 day cooling period. 

 

and it states this as the start of the contract, 

 

The type of credit. 

Hire Purchase Agreement regulated by the Consumer Credit Act 1974

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then the car is not your problem

they know where it is 

they sent is there.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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They did indeed! It has not left the dealership, I am hoping that because they have not yet invoiced the finance company and I have an email from the dealer saying that a new agreement will be signed when I collect the car will make this a little easier. I don't think they are going to be easy work. 

 

I have had a read of the credit consumer act so I can reference it if needed.

 

You have put my mind at ease a little,thank you so much!

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