Home Forums Chat Forum Legal advice please – cancelling a new car dispute

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  • Legal advice please – cancelling a new car dispute
  • sr0093193
    Free Member

    crack team of internet lawyers

    crankboy
    Free Member

    outofbreath look at lings order form the spec ordered is all standard normal upgrades not a bespoke tailored product , if the op had asked for rally seats from a different manufacturer , a star spangled paint job and some custom internal roll bars then the car becomes manufactured to his specifications or personalised.

    doris5000
    Free Member

    Okay put it another way, how do you keep your hands warm with a rear windscreen wiper?* It’s not being condescending (which is what ‘mansplaining’ is referring to?) when the ‘joke’ makes no sense. That’s just a reaction to not understanding something and not liking being told so. Please go ahead and explain the joke if I missed something?

    sorry! 😆

    it was just taking the old playground joke (it is a Skoda after all) and throwing it on the end of a different question in order to make myself look confused/dumb. You know, a bit like offering “to get to the other side” as a punchline to a joke when it won’t make any sense. I’m sure you’ll agree it’s a lot funnier now 😉

    Incidentally, did anyone know that ‘Skoda’ in Czech means ‘shame’ or ‘pity’ (as in ‘that’s a shame’)?

    theotherjonv
    Free Member

    I’d find it quietly amusing, given how bullish Ling is being, if Team Mick and his crack team of internet lawyers drove a Šuperb sized hole through her case

    Is that a standard sized Superb hole, or one with the bespoke extras. Devil’s in the detail and that windscreen wiper might just open it up a bit more.

    ling
    Free Member

    UPDATE

    My customer came back with a load of junk, but includes a more accurate and detailed revelation that the OP really is not him. He names the OP to me, I believe him on that, at least. So, turns out the OP (aka GeordieMIck00) wanted the car and the customer agreed to act for the OP and represent himself as the person who was taking the car.

    So, the OP is ***NOT*** my customer, although he represents himself as such.

    Now we are getting somewhere. Although I am unsure where.

    As my customer agreed to act for the OP (for whatever reason – possibly bad credit, who knows? – in an accommodation deal), I would say my contract is still with my customer, not the OP.

    So, let’s be clear, the OP has been lying and extremely economical in his information to this forum, and (also) the customer has been lying and extremely economical to me. I guess the moral is, we should not believe what people post! As (as a bare minimum) there was lots of info missing from the OP’s claims. There hangs the question of a potential fraud here, I think.

    At least no-one has the car.

    I’ll still pursue with my customer (who agreed to finance the car for the OP, it turns out… and who I have been communicating with – all message prompts went to my customer email), because this really does get stranger and stranger.

    – Ling

    Jamie
    Free Member

    paras 13 and 14 on page 20

    RichPenny
    Free Member

    Salesman was right.

    The 45 degree angle of the civic means the airflow over the car will clear the rear screen when it’s raining.

    No, no it won’t. Based on;

    a) I own the car, and it doesn’t.
    b) Next revision of the car had rear wiper, suggesting that others had the same issue.

    Jamie
    Free Member

    So, turns out the OP (aka GeordieMIck00) wanted the car and the customer agreed to act for the OP and represent himself as the person who was taking the car.

    outofbreath
    Free Member

    Many thanks. I’m not sure that’s conclusive, but on balance I’m starting to think a car with options is not a bespoke item as far as the law is concerned. (Which seems mental to me, but there it is.)

    aracer
    Free Member

    Not even the manufacturer because it’s not been built yet?

    I guess the moral is, we should not believe what people post

    especially when they’re a trader giving their own interpretation of the law…

    firestarter
    Free Member

    What a racist picture Jamie 😀

    geordiemick00
    Free Member

    Right Guys (and Ling) despite the fact I’ve been advised to be quiet, the level of inaccuracies on this thread now is becoming intolerable. Ling has had her say (I respect that) but her say is clearly based on the misnomer that she thinks I’m lying about my identity. She has been communicating with two people through her LINGO messenger system and we are referred to as our initials so she can see who’s who.

    The situation is this:

    I (MR) posted this last night in a hurry on my way out of the door so didn’t put a huge amount of detail into it because i didn’t think for one moment it’d blow up to what it is.. I know, who would have guessed blow up on STW eh? 😀 However, the little details I unintentionally omitted out have allowed Ling to run riot, so it’s time to put the full case forward.

    My best mate (SC – the proposer and person who ordered the car) was doing me a favour and ordering me a car as I’ve been out of work for 8 months and next month I was due to be back in work on a self employed basis but with guaranteed earnings. As I’m currently unemployed and then will be self employed it’s highly unlikely I’d get the finance, So my mate offered to put the car in his name and I’d pay the finance. Nothing wrong with that, this was cleared by Ling’s employee on a phone call and i was advised as long as he’s a named driver on the insurance then this would be no problem.

    I spent from 4 October to 15 October communicating in MY name (MR) with Ling’s company via her LINGO messaging service. During this long drawn out process, protracted by their refusal to talk on a telephone, I ascertained (eventually) what cars where available soon and we pinned it down to the Skoda, I was originally looking at a Focus.

    At the time of SC ordering the car I was told it was 3-4 weeks away possibly longer. So at this moment in time, the car probably isn’t even in the country. We were given the choice of some standard spec Sportline’s and some with a few extras, all off a stock list, so the key point is THAT I DID NOT CHOOSE A BESPOKE CAR!

    Delivery on the order form was stipulated end of November and to my address which is 160 miles away from SC’s…. . On 15 October my mate (SC) ordered the car before going on his hols.

    During his holidays my future business partner had decided she is probably going to delay her business launch for a few more months which made me nervous about proceeding. Therefore, It was prudent to advise my mate who naturally is concerned that he’s going to be ultimately liable for £10,500 of finance and it was decided between us to cancel, maybe revisit in another month or so when my work situation is definite.

    Ling rightly states that there are warnings on the order form that you could be liable for costs but my issue is they should be specific. At the time of ordering she knows who she’s buying it from so that cost should be outlined with the order to give the purchaser a true example of exit costs. Cancelling a car at least three weeks before it’s due to the country isn’t the same as cancelling it as it’s been registered and got plates on.

    I also query her business relationship with her suppliers… If her buying power of £80m worth of sales pa of vehicles is so good, then why is she allowing them to charge her. People do cancel cars, the reality is it’ll be shifted on to someone else before it even makes it onto the back of the transporter out of the factory. If she’s so principled to try and screw me over for £600 then why is she allowing them to charge her costs??

    I ordered a £37k VW T6 in 2016 and later decided to cancel it and without any fuss whatsoever. VW gave me my grand deposit back, no arguments at all. Went and bought a transit M Sport instead. Ling has made it look like I’ve ordered a bespoke £30k car and walked away from it. The value of the car is irrelevant cos the financial commitment was £10,500.

    Me and my mate have both taken legal advice this morning and the crux of the matter is at the point of ordering the car there is no cancellation option, which given as the car is not bespoke is in breach of the CCR2013 rules a few of you have quoted.

    If I’d had told her to order that car, at that spec and go off and build it then yes I would be liable, but I chose a car from a stock list, that is not bespoke, they are cars already in the build plan.

    For legal reasons I won’t mention trading standards’ response but Ling will hear from them in due course as they feel there is a clear breach in consumer law.

    Anyone who’s worked in the motor trade knows that this car will be on a list available to dealers nationwide and given it was the nicest spec on the list, it will not be unsold for long, probably sold before it’s on the transporter leaving the factory.

    Do I regret posting this on here? No, not at all.

    Traffic to her site has probably gone stratospheric, she’ll probably make a few sales but her instantaneous threat of court action as a response to the request to cancel really set the tone.

    bruneep
    Full Member

    perchypanther
    Free Member

    This is turning into a proper three ling circus

    Jamie
    Free Member

    I assume I won’t be the first to suggest that going for £10.5k of finance, given your current situation, was somewhat risky regardless, Mick?

    Obviously this would be none of my business, if not all splashed over the Internet.

    imnotverygood
    Full Member

    20 pages. Minimum

    codybrennan
    Free Member

    LOL!

    Whatever….

    JackHammer
    Full Member

    Wow. The plot thickens. We just need Judge Rinder to turn up now.

    oafishb
    Free Member

    Wow. That’s a breathtaking level of…..something….right there.

    geordiemick00
    Free Member

    UPDATE

    My customer came back with a load of junk, but includes a more accurate and detailed revelation that the OP really is not him. He names the OP to me, I believe him on that, at least. So, turns out the OP (aka GeordieMIck00) wanted the car and the customer agreed to act for the OP and represent himself as the person who was taking the car.

    So, the OP is ***NOT*** my customer, although he represents himself as such.

    Now we are getting somewhere. Although I am unsure where.

    As my customer agreed to act for the OP (for whatever reason – possibly bad credit, who knows? – in an accommodation deal), I would say my contract is still with my customer, not the OP.

    So, let’s be clear, the OP has been lying and extremely economical in his information to this forum, and (also) the customer has been lying and extremely economical to me. I guess the moral is, we should not believe what people post! As (as a bare minimum) there was lots of info missing from the OP’s claims. There hangs the question of a potential fraud here, I think.

    At least no-one has the car.

    I’ll still pursue with my customer (who agreed to finance the car for the OP, it turns out… and who I have been communicating with – all message prompts went to my customer email), because this really does get stranger and stranger.

    – Ling

    Ling, your company knew from day one that SC (my mate) was going to finance the car, otherwise why would you have SC and myself as contacts in the message thread?? So please save the twisting of the truth that the OP (me) has been lying.

    The reason for SC getting the car in my name has nothing to do with anyone but us, but as explained above, I’ve been out of work for 8 months and would be self employed, so what chances do YOU think i’d get of getting finance approved? So please don’t use negative connotations like ‘bad credit – maybe’ because it’s distasteful.

    I’m finding your comments extremely defamatory and an allegation of potential fraud is just disgraceful.

    If you feel anything fraudulent has taken place then please by all means contact the Police.

    Despite the fact dealing with your company right up until the point of order was a total an utter ball ache, yes, 11 days of dozens of messages because you won’t speak to us (apart from when I ran in myself) i haven’t slagged your company off.

    Stick to the facts, the facts are your process in this situation has broken the CCR 2013 regs because you’ve tried to restrict consumer rights by applying an unfair contract thinking the car is bespoke. It’s not.

    geordiemick00
    Free Member

    [quoteI assume I won’t be the first to suggest that going for £10.5k of finance, given your current situation, was somewhat risky regardless, Mick?[/quote]

    I was due to start work 1st November with £4k a month due in from that date…. at the time of ordering it was pretty much 99%, until my business partner decided to move the goal posts significantly.

    legend
    Free Member

    During his holidays my future business partner had decided she is probably going to delay her business launch for a few more months which made me nervous about proceeding. Therefore, It was prudent to advise my mate who naturally is concerned that he’s going to be ultimately liable for £10,500 of finance and it was decided between us to cancel

    So nothing to do with….

    This morning i’ve got an offer of three interviews so cancel the car.

    ?

    plyphon
    Free Member

    I have no useful contribution to make, I can’t see this hanging around for long

    JackHammer
    Full Member

    *reboils kettle, rinses teapot, fetches fresh mug, reaches for second pack of biscuits*

    (malted milks FTW)

    angeldust
    Free Member

    Salesman was right.

    The 45 degree angle of the civic means the airflow over the car will clear the rear screen when it’s raining.

    No, no it won’t. Based on;

    a) I own the car, and it doesn’t.
    b) Next revision of the car had rear wiper, suggesting that others had the same issue.

    Having also owned the car, I can confirm this is correct. The ‘angled rear screen’ thing was last minute marketing blurb from Honda, then regurgitated by the salesman. Lots of people had been asking, so they had a stock (but not very good) answer for it.

    boblo
    Free Member

    with £4k a month due in from that date…. at the time of ordering it was pretty much 99%, until my business partner decided to move the goal posts

    Crikey, who would have thought the goal post relocation business was so rewarding… 🙂

    orangespyderman
    Full Member

    at the time of ordering it was pretty much 99%, until my business partner decided to move the goal posts significantly.

    Dead certs tend to be that right up until they’re not anymore. Sorry to hear your business plans fell through though, but still think a little naïve on the best way to get a car in the very short term after unemployment, though 😐 .

    northernmatt
    Full Member

    Oooh, it’s all kicking off

    <insert overused meme below>

    mikewsmith
    Free Member

    lol fun thread and google alerts, basically read what you signed, work out what you have then at this point you either need to pay for a proper legal opinion on the T&C’s or pay Ling. Ling bets the legal cost is more than the charge or has some good legals going on there. A good plan for business though

    codybrennan
    Free Member

    I’d still buy a car from Ling 🙂

    legend
    Free Member

    *phones up VW to order and cancel a California*

    perchypanther
    Free Member

    This thread is turning into this…..

    Jamie
    Free Member

    I’d still buy a car from Ling

    I believe she has a Šuperb Škoda going cheap.

    perchypanther
    Free Member

    I believe she has a Šuperb Škoda going cheap.

    Don’t they go Vroom Vroom?

    geordiemick00
    Free Member

    During his holidays my future business partner had decided she is probably going to delay her business launch for a few more months which made me nervous about proceeding. Therefore, It was prudent to advise my mate who naturally is concerned that he’s going to be ultimately liable for £10,500 of finance and it was decided between us to cancel
    So nothing to do with….

    This morning i’ve got an offer of three interviews so cancel the car.
    ?

    Given i’m being messed about by business partner and i’ve set myself aside for 3 months for this to happen, if suddenly your phone started to ring with offers of interview would you knock them back??

    We cancelled the car on the basis of a) business partner being unreliable b) if plan a don’t work then plan B may mean i’m in a company car, so best option was to cancel the lease car. I wouldn’t want to be stuck with £437 a month for a car i’d not need.

    Dead certs tend to be that right up until they’re not anymore. Sorry to hear your business plans fell through though, but still think a little naïve on the best way to get a car in the very short term after unemployment, though .

    agreed, i’m learning that fast, but at the end of 8 months of dross interviews and a solid offer of well paid work I took the chance because 8 months of unemployment has wiped out any chance of either having funds to buy a runaround or finance a vehicle. rock/hardplace

    ling
    Free Member

    Jesus.

    Obviously the solicitor advice not to say anything has gone out of the window.

    Is it just me, or is it a bit rich that someone who is misrepresenting because they would be declined by the finance company is then complaining about their consumer rights when they cancel the car?

    This isn’t a police matter… yet. No one is ringing 999. But Christ, to admit to this stuff on a forum??? This stinks. Something will happen, I am figuring that out.

    My employees would NEVER a) give this advice in the first place, b) allow it to go ahead if they knew.

    My employees don’t work on commission, they have no pressure, no motive. Plus, as the OP helpfully says, I don’t do phone advice, everything is in writing. Thank God for that.

    To answer a specific: Contacts on my LINGO system are controlled by THE USER. The customer can add emails to be copied in, or not. So (example) a husband and wife can both see details of a big thing – a car. Or to add a work email. Having an additional email on my system is no indication of anything.

    plyphon
    Free Member

    £437 a month

    !!!!!!!!!

    For a Skoda!

    mattyfez
    Full Member

    Jamie – Member
    I believe she has a Šuperb Škoda going cheap.

    Flounce imminent.

    outofbreath
    Free Member

    you either need to pay for a proper legal opinion on the T&C’s or pay Ling. Ling bets the legal cost is more than the charge or has some good legals going on there.

    Nah, small claims court is pretty relaxed and informal, almost like arbitration. No need for a lawyer and critically, no costs are awarded so it’s low risk. There’s enough material in this thread for both sides to argue their case.

    I bet it doesn’t come to that though.

    Anyway, I’m going to order a Koenigsegg (and play it safe by ordering with no options). For 14 days I’ll be the potential owner of a really nice car.

    Something will happen, I am figuring that out.

    I’m less certain.

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