Legal advice please – cancelling a new car dispute

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  • Legal advice please – cancelling a new car dispute
  • curto80
    Member

    Deductions for services provided – that doesn’t apply here since the OP has not received a service.

    An example of that would be where you take out home insurance and then cancel after a week. The insurer cannot levy a cancellation charge inside the 14 day period, but can make a deduction on a pro rata basis for the days you were actually insured under the policy.

    gobuchul
    Member

    gobuchul » Looks like the OP is out of pocket then.
    eh? Not at all from what I’m seeing – what gives you that impression?

    If you exercise your right to cancel, you will be entitled to be returned any money paid to it by you (or by any person on your behalf) less a charge for any service provided to you under this agreement as to your instructions or request, prior to the expiry of the cancellation period.

    Now how much the “charge” is going to be and what is reasonable may be up for debate, but it looks like there is a “charge”.

    curto80
    Member

    Outofbreath – I don’t agree with your conclusion for reasons including my second point above, but kudos for at least presenting a reasonable argument – looks a bit out of place on this thread!

    curto80
    Member

    Gobochul, see my post above yours. I’ve explained that point.

    Premier Icon aracer
    Member

    outofbreath wrote:

    Hence my example of a 10k car with 12k worth of options and a market value to another customer of 10k rather than the 22k original cost. I’d have thought within the intention of the law that would be bespoke.

    Well the lawyers have spoken, so I might as well butt in myself. Within the meaning of the law a bespoke item is essentially worthless or close to worthless to anybody other than the original purchaser.

    In this case even with all the options (which aren’t actually a huge amount of the total cost) I’m sure ling could easily shift it on the open market for more than she paid for it. If she did pay for it that is, if it was actually built yet, and if it wasn’t something somebody else would happily snap up as soon as she says she isn’t interested any more.

    Premier Icon rickmeister
    Subscriber

    [video]http://www.captiongenerator.com/746582/Hitlers-New-Car-Its-Superb[/video]

    Jamie
    Member

    Only YT and Vimeo vids work, Rick.

    Premier Icon rickmeister
    Subscriber

    Working on it…

    Jamie
    Member

    I don’t know what this means, but interesting.

    Hmm. That has gotten my spidey senses ting-ling.

    Working on it…

    Good luck. I think the text is dynamically overplayed over the vid, so you won’t be able to just download and rehost.

    mattyfez
    Member

    Within the meaning of the law a bespoke item is essentially worthless or close to worthless to anybody other than the original purchaser.

    Exactly, a factory fitted off the shelf option is not bespoke, electric mirrors for example.

    This is an example of a bespoke vehicle:
    [video]https://www.youtube.com/watch?v=K5UBRXOHTuM[/video]

    Premier Icon rone
    Subscriber

    I’ve leased several cars from Skoda/VAG and they say the same thing each time.

    1) You don’t pay anything until the first couple of weeks after you get the car. (Your first rental)

    2) You can change your mind more or less at any point as they will just commit the car to stock (though I can’t imagine they would be happy if you did it a lot)

    3) They never take a deposit for the order of a lease (they do for PCP but even that is refundable if you cancel the car.)

    4) Some of Skoda’s cars take months to deliver. After 7 days I doubt it’s even been started. Just a hunch.

    Next time go to Skoda as they will match online offers anyway.

    I think that if geordiemick00 turns up to court and is allowed to speak then Ling stands a pretty good chance of winning

    Premier Icon rickmeister
    Subscriber

    Moving it to vimeo strips the captions out…

    crankboy
    Member

    “Personal contract hire is regulated by the consumer credit act 1974, even though the agreement is for hire and does not offer the option to purchase.

    The Consumer Credit Act 1974 defines a consumer hire agreement as an agreement made by a person with an individual (the ‘hirer’) for the contract hiring of vehicles, subject to the following:

    The agreement is not a hire purchase agreement
    The agreement must last for more than three months
    Distance Marketing Regulations 2004
    Cancellation Distance Marketing
    You will have the right to cancel or withdraw from the personal contract agreement for a period of 14 days, relating to Distance Marketing Regulations 2004. This act regulates distance selling that is not face to face and not conducted on trade premises.
    Personal contract hire agreements are often agreed on-line or by phone with agreements sent electronically (some contract hire companies insist by post for customer approval).
    The 14 day cooling off period begins the day after the agreement is made, being determined by the date on which the contract hire company sign it, not the date you sign”
    source https://www.allvehiclecontracts.co.uk/Homepage/New/Car.html

    Right, i’ve downloaded all the transcripts from me making initial enquiry to it then being passed over to my mate who obviously placed the order. This is the last one from me before discussions went over to my mate who then placed the order. So how Ling can deny she wasn’t aware of what we were doing is beyond me…

    Premier Icon rickmeister
    Subscriber

    Untergang clip From the Gateshead Bunker

    I can’t post it here..

    jonnyboi
    Member

    last three pages have been boring. I’m out

    (see what I did there?)

    mattyfez
    Member

    Do you need some Aloe Vera, Ling? You just got BUUURRRRNED!

    And with regards to the car being bespoke…..

    So, we’ve established Ling WAS aware that my mate was buying the car and we’ve also concluded that the car IS NOT bespoke….

    Do you need some Aloe Vera, Ling? You just got BUUURRRRNED!

    I’m sure she’ll be hitting the report button now to bring this to a natural conclusion…

    I’m just getting getting warmed up.

    I can honestly say that on all the years I have been on this forum this is my favorite thread*

    *Apart from Sudocream Cat and anything by McMooter obvs

    km79
    Member

    Post the entire transcript.

    And the geordielingometer has just swung back in favour of Mick.

    Have I mentioned that I love this thread? I love this thread.

    tlr
    Member

    Apart from Sudocream Cat and anything by McMooter obvs

    McMooter would be a great name for an argumentative Scot.

    Premier Icon aracer
    Member

    Mreay wrote:

    I’m sure she’ll be hitting the report button now to bring this to a natural conclusion…

    I wish her good luck with that – this thread has lots of miles left in it yet (unlike your car)

    I’m just getting getting warmed up.

    unlike your car

    marcus7
    Member

    Best thread ive seem in a long long time…..

    Premier Icon rickmeister
    Subscriber

    Mick, from your OP, would this have been clearer if your mate cancelled with Ling not you?
    Or are we past that bit…Who cancelled with Ling?

    crankboy
    Member

    rickmeister – Member
    Untergang clip From the Gateshead Bunker

    I can’t post it here..

    You win the internet !

    When I casually mentioned that Ling would probably pop along in a minute on the first page, I could never have imagined this future classic. 😀

    Bet she hates mountain bikers now. I wonder if she still has the tank?

    mattyfez
    Member

    I wheely can’t wait to see the reply, the suspension is killing me.

    Post the entire transcript.

    to be fair my mate has most of it, i have what was leading up to that point when he signed the order.

    Interestingly, when i logged on earlier to screen shot it someone from Ling’s had just been into it.. #paranoid

    Before this it was just a week’s worth of questions about availability that could’ve been answered in a 15 minute phone call tops.

    Mick, from your OP, would this have been clearer if your mate cancelled with Ling not you?
    Or are we past that bit…Who cancelled with Ling?

    My mate did, under my advice. When i made the OP i didn’t really want to reveal that my mate ordered it for me because I knew the STW judgemental massif would be all over it… I shouldn’t have posted it until i had time to give it chapter and verse and then let people pick the bones out of the full unedited version.

    But i think it’s fair to say the true situation is out there now.

    Jamie
    Member

    So, we’ve established Ling WAS aware that my mate was buying the car and we’ve also concluded that the car IS NOT bespoke….

    Unless I missed something, nothing in that first screenshot indicates she was aware you’d be driving/keeping the car, only you were contacting her on your friends behalf?

    Scamper
    Member

    On that transcript above it says any deal can’t be held until finance is in place. I take that to mean securing the actual physical car described in the next sentence. And no finance was agreed or signed so no deal?

    rickmeister, you owe me a new keyboard, this one is full of tea.
    (obvious £500 + VAT joke goes here).

    Premier Icon wallop
    Subscriber

    Holy crap! What’s been happening in here today!?

    Do I need to read all 14 pages?

    Premier Icon matt_outandabout
    Subscriber

    Who the hell is ling?
    Does she ride a HT or FS?

    Do I need to read all 14 pages?

    Yes. And then pop over to lingcars FB page to see one of our posters (not the OP) described variously as a ‘pious ****’ and ‘a proper nob’.

    mattyfez
    Member

    Does she ride a HT or FS?

    She rides 4 E-bikes, two of which are not legal, do keep up 😉

    Jamie
    Member

    Do I need to read all 14 pages?

    Yup. If only for the mod meltdown and super flounces by several big hitters in the middle.

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