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  • Legal advice please – cancelling a new car dispute
  • ling
    Free Member

    giantalkali – Member

    Other companies worked differently, hence the vast variations in rates

    Yeah, my rates are cheap, hence the finance hurdles are high. Really, customers can be KBd for tiny stuff, a single miniscule late payment will do it.

    Here’s a good example of a FAIL

    – Ling

    geordiemick00
    Free Member

    (I will say that my customer “Simon” aka the BIL… seemed, and was extremely credit-worthy, for the avoidance of doubt.)

    Yet another data breach there Ling. He’s on his way down to Wigan today, he’s going to read through this whole thread, the poor b8stard. You’ve just put another nail in your consumer credit license coffin with that revelation.

    Let’s be honest. If me and SC wanted to fraudulently obtain a car from ANY leasing company, then would’t he just put the proposal in himself, deliver the car to his own house and insure the car in his name only then give me the keys after adding me to the insurance??

    Why would two potential fraudsters use different email addresses and state two delivery addresses on the **order form** and hope it gets through the system.

    All this fronting bolluex is a very convenient diversion for Ling to start some sort of trial by social media.

    I’ve coughed up for making my OP discreditable by not relaying the full facts because I just knew if I’d put the truth trial by STW would’ve been probably more judgemental than it already has been.

    Ling, can you please tell me what your complaints process is?? TS have just rang me giving me advice on the what to do now and your all linging all dancing website doesn’t (conveniently) seem to have any sort of complaint procedure whatsoever…

    aracer
    Free Member

    You could always check the T&Cs on her website where it will doubtless set out the full legal position…

    boblo
    Free Member

    He’s on his way down to Wigan, he’s going to read through this whole thread

    If only the Internet was ubiquitous… 😀

    ling
    Free Member

    crosshair – Member
    So you get the finance approved in theory, then get the order form signed so you can get a VRN to then enable the finance to be finalised. Is that right?

    Finance is approved in practice, the credit line is approved and opened for an amount that represents the car OTR value, just need to get the car details (VIN, reg, etc). There is a time limit, maybe a 3-month window. The approval shows on the credit record of the customer.

    Then, when the car arrives, or if already in UK, when a reg is allocated, the fin docs are raised with the car details/reg on, and sent to the customer for signing at a distance. Customer returns with all proofs. So distance selling rule applies. When the period expires, the car is delivered.

    Hope that helps. 🙂

    – Ling

    outofbreath
    Free Member

    Yeah, my rates are cheap, hence the finance hurdles are high.

    Here’s a good example of a FAIL

    😀

    geordiemick00
    Free Member

    Ling, the only other thing still drawing me to this thread is that I want to believe the distinction you made between the car…. and the finance.

    So you get the finance approved in theory, then get the order form signed so you can get a VRN to then enable the finance to be finalised. Is that right?

    She’s admitted she didn’t order the car, if she did then she’s a muppet for ordering a car before having signed docs returned.

    I morally think that you should 100% have the right to cover yourself in that grey zone between the order form being signed, the car being registered and the finance agreement commencing.

    and legally should be offering a 14 day cooling off period as proper lease company’s do.

    Nobody disputes that. If the car had arrived, been registered then we would have expected fair exit costs.

    Read above.

    Yet everyone is still maintaining that this is illegal?
    Is it?

    Yes, she has incurred no loss. She didn’t order the car and can’t enforce a contract she’s made up in cahoots with Gateshead Trading Standards.

    So are the dealers who take a deposit at that point also acting illegally?

    Nope, but they’ve got the business acumen to actually have a cooling off period built in and i’d bet 99.9% of them will refund within the cooling off period, or justify their expenses outside of it.

    outofbreath
    Free Member

    He’s on his way down to Wigan

    If only the Internet was ubiquitous…

    Thanks. Laughed so hard a bit of wee came out.

    lazybike
    Free Member

    Is it too early to mention mediation..

    ling
    Free Member

    geordiemick00 – Member

    Ling, can you please tell me what your complaints process is?? TS have just rang me giving me advice on the what to do now and your all linging all dancing website doesn’t (conveniently) seem to have any sort of complaint procedure whatsoever…

    Are Trading Standards aware that you are *NOT* my customer?

    If a customer contacts me as I state in my T&Cs I will deal with them.

    But YOU? How can I deal with you? It would be a data-breach of the first order (as you point out again and again), as my customer is Simon, not you.

    You still seem to be giving the impression you are the customer.

    WRONG.

    – Ling

    tlr
    Full Member

    I think medication might be more useful for some.

    outofbreath
    Free Member

    I morally think that you should 100% have the right to cover yourself in that grey zone between the order form being signed, the car being registered and the finance agreement commencing.

    Yet everyone is still maintaining that this is illegal?
    Is it?
    So are the dealers who take a deposit at that point also acting illegally?

    One of the Lawyers posted the actual legislation somewhere earlier in the thread. If the lease companies who charge the deposit kept any portion of it following a cancellation within 14 days of the order then the customer would be able to go to small claims court and get it back. In contrast a company that doens’t have a deposit, but claims to charge costs would have to chase the customer for costs and would (almost certainly) lose.

    This doesn’t apply to bespoke items, and cars with standard options are (almost certainly) not besoke items.

    ‘Acting illegally’ is a bit of a emotive way of describing it, mind you.

    crosshair
    Free Member

    Thanks all- I had pretty much gathered all of that. I just can’t get my head around the grey zone.

    So I want the car, I sign the order form (thanking my lucky stars I’ve chosen Lingscars.com who don’t now sting me for a deposit) which tells me I will be liable for Lings costs if I flounce.

    Why does anyone deserve a cooling off period to sidestep these costs???? The car isn’t mine yet so a cooling off period for that can’t exist, the finance isn’t finalised yet so a cooling off period for that can’t exist.
    How can this cooling off loophole apply??

    Confused from Berkshire 🙂

    scotroutes
    Full Member

    Does that mean the only option is to take the deposit, wait 14 days, then order the car? I wonder if that would put off some potential buyers.

    ling
    Free Member

    Thanks all- I had pretty much gathered all of that. I just can’t get my head around the grey zone.

    So I want the car, I sign the order form (thanking my lucky stars I’ve chosen Lingscars.com who don’t now sting me for a deposit) which tells me I will be liable for Lings costs if I flounce.

    Why does anyone deserve a cooling off period to sidestep these costs???? The car isn’t mine yet so a cooling off period for that can’t exist, the finance isn’t finalised yet so a cooling off period for that can’t exist.
    How can this cooling off loophole apply??

    Confused from Berkshire

    It’s my argument that it doesn’t.

    But there is a cooling of period on the car finance, as stated.

    – Ling

    Junkyard
    Free Member

    How can I deal with you? It would be a data-breach of the first order (as you point out again and again), as my customer is Simon, not you

    its not a data breach to provide a link to your complaints procedure which is what he asked for

    Where is it exactly on your website

    You would do anything for publicity so why the reluctance to have yet another link to your website?

    ling
    Free Member

    scotroutes – Member

    Does that mean the only option is to take the deposit, wait 14 days, then order the car? I wonder if that would put off some potential buyers.

    Yes, it’s ridiculous.

    In this very thread instance, the customer would be dancing up and down if I lost that Skoda order because I sat on the order form for 14 days before ordering the car.

    I act on car order forms within seconds – and still lose some rare stock cars that get snapped up or sold elsewhere.

    I tell them “I’ll order the car”, not “I’ll hang on and fart around 2 weeks and then order you the car, if it’s still available”

    – Ling

    Junkyard
    Free Member

    It’s my argument that it doesn’t.

    have you tested this argument in a court ?

    outofbreath
    Free Member

    Why does anyone deserve a cooling off period to sidestep these costs????

    Beats me. I strongly suspect whoever wrote the distance selling laws had toasters & memory sticks in mind, rather than cars.

    gobuchul
    Free Member

    So after 64 pages there doesn’t seem to be clarity on the requirement for a “cooling off” period when leasing a car?

    scotroutes
    Full Member

    Why does anyone deserve a cooling off period to sidestep these costs????

    Buyers regret

    ling
    Free Member

    scotroutes – Member

    Why does anyone deserve a cooling off period to sidestep these costs????

    Buyers regret

    Except the OP is NOT the buyer (or customer). Il ne regret rien.

    – Ling

    crosshair
    Free Member

    So why should a business owner fund people’s impulses? Especially when the warn the customer DO NOT SIGN IF YOU DONT WANT THE CAR????

    ling
    Free Member

    Junkyard – lazarus

    It’s my argument that it doesn’t.

    have you tested this argument in a court ?

    I tested it on the toilet and it sounded plausible.

    I’ve never lost a small claims court case on this issue, maybe people don’t challenge it well enough, or maybe I am correct. I don’t interrogate the judge, afterwards. In fact, I’ve never turned up for one, I just get the “YOU WON!” paperwork.

    – Ling

    outofbreath
    Free Member

    So after 64 pages there doesn’t seem to be clarity on the requirement for a “cooling off” period when leasing a car?

    There is. The rules were posted on day one of this thread. There is a cooling off period of 14 days from the day of the order and you have to have that period in the T&Cs. The only debate is whether cars with standard options are bespoke or not and it seems highly likely they almost always are.

    km79
    Free Member

    its not a data breach to provide a link to your complaints procedure which is what he asked for

    Where is it exactly on your website

    For all enquiries and issues, contact
    Ling Valentine
    LINGsCARS.com
    World Headquarters
    Vance Business Park
    Gateshead
    NE11 9NE
    Tel: 0191 460 9444
    Fax: 0870 486 1130
    email: sales@LINGsCARS.com

    midlifecrashes
    Full Member

    I’ve never lost a small claims court case on this issue, maybe people don’t challenge it well enough, or maybe I am correct. I don’t interrogate the judge, afterwards. In fact, I’ve never turned up for one, I just get the “YOU WON!” paperwork.

    – Ling

    Pictures or it didn’t happen, as they say on the internet. 🙂

    aracer
    Free Member

    Is it? I thought that one got decided ages and pages ago as well. Who still thinks they are bespoke?

    Tiger6791
    Full Member

    Having worked in this yes it’s annoying but you have to work within the parameters of the law.

    We had customers cancel after the car was physical but if it was on finance there was very little you could do really and even if you could it was barely worth the hassle.

    Cars arn’t bespoke, the factory spits them out at an astonishing rate. It’s just metal

    As a business you just need to be professional and do the decent thing, we had customers dick us about but most were okay. Give them their deposit back and move on.

    We even had to de-reg a couple of cars.

    We made money and with the profit came risk.

    Just be professional and above it.

    Take the rough with the smooth and try not to be a dick.

    (Also people can get caught up in the moment and the process and make poor decisions, the law is there to help people who make bad decisions, nobody’s perfect)

    crosshair
    Free Member

    No, I don’t think it was decided when the pre-order form becomes an order.
    Ling isn’t denying the right to stop the order.

    Surely, until the finance is signed, everything is pre-order?
    (Or rather pre-cooling off)

    ling
    Free Member

    Trust is a big thing… take it away, Ya Jun.

    [video]https://www.youtube.com/watch?time_continue=6&v=lZrEnuAUxDM[/video]

    – Ling

    Junkyard
    Free Member

    @ km79 – that is how to contact her – we can do that allready the questions is about the complaints procedure

    I’ve never lost a small claims court case on this issue, maybe people don’t challenge it well enough, or maybe I am correct. I don’t interrogate the judge, afterwards. In fact, I’ve never turned up for one, I just get the “YOU WON!” paperwork.

    I shall assume this claim is as reliable as the T & C were approved claim and any attempt to get any evidence from you will just result in insults

    frankconway
    Full Member

    Has either party started legal proceedings?
    Has Ling raised an invoice?
    Ling’s FAIL post is funny.

    tomhoward
    Full Member

    How many pages/posts did the picolax/sudocreme cat/mint sauce key ring/any other of the forums greatest hits get?

    Is this more than all of them combined?

    (Trump and brexit threads excluded, on grounds that all they have going for them is their post count)

    CharlieMungus
    Free Member

    So why should a business owner fund people’s impulses?

    I don’t think anyone is saying they should. We are still open to hearing the extent of that funding

    ling
    Free Member

    crosshair – Member

    No, I don’t think it was decided when the pre-order form becomes an order.
    Ling isn’t denying the right to stop the order.

    Surely, until the finance is signed, everything is pre-order?

    No, in my view the car is ordered 100% with the car order form. As happened in this thread’s case. I order cars IMMEDIATELY. Within seconds.

    The finance is just a method of paying for it. So that’s already in place and everything is fine…. until customers back out.

    It happens very rarely. Often this is understandable, eg. a death or lost a job, or broken leg or some life changing disease (I am kind), but sometimes it’s to do with a character flaw, and in those cases I make a growling noise.

    – Ling

    boblo
    Free Member

    I make a growling noise.

    Yes, very good. Very strong etc 😀

    ling
    Free Member

    Junkyard – lazarus
    any attempt to get any evidence from you will just result in insults

    Correct. Good boy.

    – Ling

    aracer
    Free Member

    Now I understand why you test the argument on the toilet.

    bencooper
    Free Member

    Ling Valentine
    LINGsCARS.com
    World Headquarters
    Vance Business Park
    Gateshead
    NE11 9NE

    I am so going to start adding this to my address too…

Viewing 40 posts - 2,201 through 2,240 (of 2,501 total)

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