Distance Sale?

[Beddz]

Bought vehicle from a classics dealer in late December paid in full via bank transfer.

All done through WhatsApp,

organised to be collected via covered trailer and delivered to me.

Did not visit the premises at all, all I have is a used car receipt which has the boxes ticked "Sold as seen" and "Paid in full" do not have a single piece of paperwork regarding Distance Selling Regulations 

Do I have upto 12 months to hand this car back,

what costs can the dealer take away from my refund of payment for the car? 

[dx100uk]

not sure where you are getting the item you have 12mts to 'hand it back'.

under consumer laws if you didn't personally view an item, then within 14 days you can write and exercise your right to a full refund for no reason.

upto 30 days if the item is 'not fit for purpose' you can al so demand a full refund.

once outside of the above, up until 6mts you can request the item be repaired, refunded or replaced at the sellers discretion, though they are only allowed one repair for the same issue, and should that occur you can again you can demand a full refund.

outside of 6mts, it would be down to you to produce a report detailing any issue, but the above caveats still apply.

p'haps with this info you might wish to expand you post description...

one other thing:

33 minutes ago, Beddz said:

which has the boxes ticked "Sold as seen" and "Paid in full"

means nothing and doesn't remove your rights unless you are a trader and it was a business to business sale.

[Beddz]

"If the retailer doesn't give you information about your rights under a distance sale at the time of delivery, including your right to cancel the purchase within 14 days, then you'll have up to 12 months to cancel your order and receive a refund." 

Quoted from Motor Ombudsman 

[dx100uk]

there is no such gov ombudsman organisation.

thats an independent trader body for 'members' that sign up to their code of practice.

now if what they are saying is true or not, i've no idea, but thats the first i've ever heard you get 12mts and it does really logically tally with consumer laws.

the 14 days (old DSR - now part of the consumer rights act) allowed you to return the item for no reason and gain a full refund. extending that due to a paperwork wriggle i'm sure would have come up several times here if this were the case.

as with many of the self appointed public bodies like CAB, national debt line and payplan etc etc, they are very well meaning but are often wrong or poorly actually understand regulations.

dx

 

[Beddz]

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

From gov website for legislation 

[dx100uk]

yes looks like you have a case

i was just on Online and distance selling : Distance selling - GOV.UK (www.gov.uk) reading the business regulations and found it.

Right to cancel

You must tell the customer they can cancel their order up to 14 days after their order is delivered. They do not need to give a reason for cancelling.

If you do not tell the customer about their right to cancel, they can cancel at any time in the next 12 months. If you tell them about the right to cancel during these 12 months, they have 14 days to cancel from when you told them.

whats the actual problem that you wish to return it? although that now seems not too matter..

though i can see them disputing they did tell you or gave you stuff.

dx

[Beddz]

after taking delivery i found out a major service was due which wasn't completed by the dealer.

I had to get it done at my own cost.

Then 2 days ago the clutch went on a busy dual carriageway which could have caused a serious accident.

Dealer has paid for the repair but after now being informed it's a common problem I just don't want to bother with the worry.

Like i mentioned I have nothing in writing,

I have all communication via WhatsApp nothing stating Rights to cancel,

only told via a quick phone call that the vehicle comes with 3 months warranty 

[dx100uk]

well the warranty means nothing as such but it appears to be doing you well.

why dont you get a full AA/RAC inspection done and see if anything else throws itself up.

then make your call?

has the dealership an email address for you or you gave them your address?

i'm just thinking it could be wriggled out of if you go in guns blazing stating you want to now return it over a paperwork error, could they quite easily turn around and say we emailed or mailed it, and you cant prove otherwise if this ever got to court.?

you seem like me to like classic cars you obviously wanted to own the classic but there are doubts it's now a pup.

see what others think.

dx

 

[Beddz]

After the clutch issue my partner isn't wanting us to keep the car anymore.

Surely they would have to provide "proof" this was sent. Like postage receipts or sent email receipts?

Law is there, most dealers will provide cancellation rights.

Whoever doesnt hasn't done enough research to protect themselves 

Just wondering if to send the letter to the dealer via post or through email 

 

[dx100uk]

i'd certainly always do it by post 

use 1st class stamp get a free proof of posting from any PO counter.

you only have to prove you sent it.

email too is ok but no alone.

as email can be faked

[Beddz]

Should I send an email with the letter attached, then send the letter physically after?

What's a reasonable timeframe to let them respond 

[dx100uk]

both.

 

dx

[Beddz]

They just replied to the letter saying I've had a car for 2 months on rental with unlimited mileage and free wear and tear 

 

 

[dx100uk]

copy and paste it here please

dx

[Beddz]

"This will be passed to our legal team on Monday, as we have never had this before.

As what you are asking for is two months of free car rental with unlimited mileage & free wear & tear.

They will advise accordingly."

[dx100uk]

you are returning the car under your short term right to reject as they have failed to comply with the regulations as the car is a pup.

they cant argue .

legal team...yea i bet, a bloke in a different coloured skirt sitting a bit further away from the consumer toilet door.

dx

[Beddz]

Well not short term right to reject, but under Distance Selling Regs extended due to no contract information provided on rights to cancel. Should I just await there response after Monday?

[dx100uk]

just type no need to keep hitting quote.

DSR invokes a short term right to reject clause, which gives you 14days to pull out - no reason needed. and the fact they didn't inform you of DSR, it then runs it to 12mts.

they ain't gonna be happy but they've no choice.

dx

 

[Beddz]

Can they deduct for mileage, wear and tear etc? 

[dx100uk]

nope, because they've not given you the T&C's that outline that.

...here's your car mate, gimme my moneyback...end of IMHO.

dx

 

[Beddz]

"If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price." 

So this doesn't apply? I have travelled 1000 miles in the 7 weeks, but cos they've not given a T&C the above doesn't reply?  

[dx100uk]

imho no it cant, as if you allow it too, then you surely must also agree there's no 12mts extension of the 14 days...same cause..no paperwork at point of sale

[Beddz]

Any idea looking at legislation, when the vehicle was purchased I organised my own trailer delivery company at my own cost.

Now I'm cancelling the contract, I'm some 3 hours away from the dealer who's responsible for collecting the vehicle 

[dx100uk]

they are .

dx

 

[Beddz]

Didn't get a response yesterday, finally managed to get the letter physically sent off today via first class signed for, guessing if no response or response I'm not happy with, next step would be letter before action?