• This topic has 2,500 replies, 263 voices, and was last updated 2 years ago by Mark.
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  • Legal advice please – cancelling a new car dispute
  • 7 days ago I ordered a new car from Lingscars.com as I was originally going to be self employed end of November.

    out the blue i’ve had a lot of interest to go back into my previous trade which includes a company vehicle as none of them do car allowance.

    So, I played safe and emailed Lingscars and asked to cancel.

    For anyone who’s not heard of them then have a look on their site, they’re a leasing agent who have pretty much the most mental website you’ll see, it’s pretty top notch and it’s also a business who were featured on Dragons Den when the owner Ling Valentine went on asking for investment, which she didn’t get.

    She’s quite a character and when you communicate with them you HAVE to by this daft inbox/messneger service on their site.

    Anyways, I printed off the order form, signed it and scanned it and sent it back a week ago. The car is due 27th November. This morning i’ve got an offer of three interviews so cancel the car.

    On the paperwork it does state that i may be liable for cancellation costs (no amounts specified) and now she says she wants £500 + VAT to cancel.

    I’ve not signed the finance docs, or paid a deposit yet. Her approach is aggressive and she’s told me on the 2nd message she has a 100% record of suing people who back out!

    She also claims distance selling rules don’t apply and I can’t expect to cancel a £30K car, which is ironic cos last year I cancelled a £37k van and VW gave me my grand back immediately.

    She says her dealer hits her with costs, which I find hard to believe, the car isn’t even built yet so they’ll easily sell it on before it’s even on the transporter over here.

    My plan is to state i’m not happy with the T’s & C’s with the finance and that may be my get out clause?

    Why would she go off and order a car until she’s got finance documentation signed and returned??

    But to her i’e signed the order and agreed to the T’s & C’s so tough.

    Any ideas?

    mattyfez
    Member

    I’ve not signed the finance docs, or paid a deposit yet.

    Walk away then, what are they going to, sue you for breach of a contract that doesn’t exist?

    Premier Icon Poopscoop
    Subscriber

    You’re going to get a lot of conflicting advice/ judgmental opinions on this post I would say mate. 🙁

    Premier Icon matt_outandabout
    Subscriber

    I’ve not signed the finance docs, or paid a deposit yet.

    But you did sign some kind of order…? I am confused…

    km79
    Member

    Did you tick some boxes you didn’t read when ordering this car? Can’t see why it can simultaneously be ordered yet not ordered?

    Why would she go off and order a car until she’s got finance documentation signed and returned??

    I can get £40k loan into my bank account within the next 7mins just by ticking some boxes. Who signs and returns documents these days?

    hodgynd
    Member

    What have you signed ..anything at all ?

    Premier Icon scotroutes
    Subscriber

    Morally, I’m with the retailer.
    Legally, I suspect it’ll depend on what you signed if/when you ordered the car.

    Premier Icon P-Jay
    Subscriber

    Go over to legal beagles and ask there.

    When I worked in car finance we wouldn’t register a vehicle until after the 14 day period had lapsed because it really devalued the asset.

    Deposits were purely for the finance and were refundable.

    I suspect a rep doesn’t want to lose her comimsson.

    Premier Icon bruneep
    Subscriber

    So if the finance had been declined would you still be expected to take the car?

    I’m guessing it’s buried deep in their t&c’s that you’ll have to pay something.

    I’ve ordered 2 cars via lings and had to upload finance doc before they would proceed with order.

    Could be more worried about loss of commission

    Premier Icon Poopscoop
    Subscriber

    Oh, the OP wasn’t kidding about the website!

    Check this out!

    https://www.lingscars.com/

    mattyfez
    Member

    has a 100% record of suing people who back out

    Attempts to sue, or successfully suing.. Sounds like all mouth and no trousers and the reply was designed to intimidate.

    You haven’t accepted any goods, no payment has been exchanged, I’m pretty sure there’s no contract in place.

    Ianal

    Premier Icon Greybeard
    Subscriber

    IANAL – but I can’t see anything in the Consumer Contracts Regs to say cancellation rights don’t apply

    http://www.legislation.gov.uk/uksi/2013/3134/contents/made

    But if you were buying through a business, then you’re not a consumer, and they don’t apply at all, so far as I know.

    I think there is an implied contract in place. You expected the company to act and order the car thus incurring costs. They were acting in good faith. I think you are liable for those cancellation costs.

    Premier Icon nealglover
    Subscriber

    But to her i’e signed the order and agreed to the T’s & C’s so tough

    It’s a fair point though isn’t it.

    If you signed an order form, that had terms and conditions attached, why would you expect them not to apply to you ?

    I know it’s a pain in the arse, but unless those terms and conditions are somehow against regulations, I can’t see how you can complain really.

    Premier Icon scotroutes
    Subscriber
    curto80
    Member

    Bit of making it up as you go along going on here.

    OP if you can email me a photo of the t&cs that were on what you signed I’ll take a look for you. On the facts you’ve given:

    Do you have a right to cancel – yes

    Can they charge you a cancellation fee – no

    Premier Icon fossy
    Subscriber

    The website alone would say ‘stay away’.

    You’ve not paid any deposit so the car won’t be ordered. Check what you’ve clicked on, I doubt you’ll be liable. As an individual you usually have 30 days ‘cooling off period’ for agreements.

    Premier Icon AD
    Subscriber

    Best FAQ ever! It would never have occurred to me to use a random flight attendant to answer a ‘can I cancel my car order? ‘ question. Absolute genius!

    Why would you buy a car from someone who has a website like that 😯

    mattyfez
    Member

    Yeh I’d think so, the whole point of a non refundable deposit is to cover costs like these, if they’ve incurred costs anyway, despite no down payments that’s thier own negligence.

    Premier Icon martinhutch
    Subscriber

    Would be unsurprised to see Ling pop up on this thread. Which would be entertaining. 🙂

    Why would you buy a car from someone who has a website like that

    She has an unconventional approach to marketing and comms! But it seems to work for her, on the whole.

    Re: the OP.

    She’s a broker, so is there a contract with her in that capacity (ie what you signed) which precedes and is separate from the nuts and bolts of the finance agreement with whatever car company you end up getting the vehicle from (and all the cooling off stuff etc from that)

    So have a look at what you signed.

    Premier Icon funkmasterp
    Subscriber

    Bloody hell. That site should come with an epilepsy warning and a disclaimer stating that if you get stuck in 1999 whilst looking at it you’re on your own.

    johnners
    Member

    Why would you buy a car from someone who has a website like that

    It seems functional enough. It’s a bit self-consciously quirky for my taste but if she had the best deal on the car you wanted you’d be daft to turn it down just because of the website.

    aP
    Member

    I seem to remember hora being a fan.

    Wow – I wouldn’t enter my email address into that site, never mind order a car. My head hurts looking at it.

    crankboy
    Member

    On a brief scan I can’t see how you don’t have a right to cancel nor how you have incurred a cancellation fee , to begin to be valid a cancellation fee or formula to calculate one would need to be included in the contractual documentation.
    Basically I’ve looked at the legislation linked above and what I could bare of the website and assumed you are correct when you say no cancellation fee was specified on the order form.

    Premier Icon blitz
    Subscriber

    If she sues surely you can counter claim for the effects from exposure to that website.

    Premier Icon Greybeard
    Subscriber

    I didn’t realise from the OP that this is a lease, not a purchase. I think the Consumer Contracts Regs still apply, but I’m not sure.

    However, another lease company, see https://www.hnvehicles.com/index.php/32/ says:

    If you are a consumer (i.e. not a business customer) then in accordance with the Consumer Contracts Regulations, a cancellation fee will be only be payable once your cooling off rights, where applicable, has expired.

    So if that’s the law for them, it’s the law for Ling (although it does say “where applicable”)

    Premier Icon BoardinBob
    Subscriber

    From memory Ling is registered on here and she scours the internet relentlessly for mentions of her

    She’ll probably be along shortly!

    Premier Icon BoardinBob
    Subscriber

    fossy – Member
    The website alone would say ‘stay away

    Except it’s one of the biggest private car leasing sites in the UK. Hugely successful. Ive leased from Ling. It might look garish but the site is very clever and unbelievably easy to use and completely transparent about costs etc.

    mattyfez
    Member

    She has an unconventional approach to marketing and comms!

    Not a great business model though is it.

    Seems a bit like bright house who con people into spending a a grand on a £300 telly.

    Jamie
    Member

    It’s nothing like Brighthouse.

    legend
    Member

    Not a great business model though is it.

    Seems a bit like bright house who con people into spending a a grand on a £300 telly.

    The quality of info on her site is certainly higher than the info in your post

    Premier Icon BoardinBob
    Subscriber

    Not a great business model though is it.

    Seems a bit like bright house who con people into spending a a grand on a £300 telly

    When I leased her prices were by far the cheapest. Lowest up front payment by far and lowest monthly payments. There is absolutely no con going on

    mattyfez
    Member

    Oppoh..

    Hi, I’m a Nigerian Prince, I need your bank details, big monies!

    Premier Icon bruneep
    Subscriber

    On my 2nd car from them. Cheapest lease I could get, zero problems.

    km79
    Member

    The website is great, I love the madness.

    mattyfez
    Member

    In the same way brexit is great.

    Premier Icon Poopscoop
    Subscriber

    mattyfez – Member
    In the same way brexit is great

    Potty mouth! 😉

    poly
    Member

    Is a new car, with a particular spec, a custom / bespoke product? Rules are different…

    I’m not sure…

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