Distance selling car regs and dealers

Steeps · 4 Aug 2016 at 10:08

Trying to help out an elderly neighbour with this situation. The husband last year was told he could not drive for medical reasons and this year became more reliant on the use of a wheelchair when out and about. He was the sort of person that would research what he wanted online and usually get it delivered on impulse, to make it easier for transporting a wheelchair it was decided A Honda Civic estate was suitable for this task and a dealer over 100 miles away had an ex demo (delivery mileage, sat in showroom) available. I believe the figures were discussed over email/phone to trade in their 2 year old Nissan with only 3k on the clock for this car, as the husband was too ill to travel and the wife hadn't done that sort of distance in years we helped out with the collection.

She was never comfortable with the car purchase and was only willing to buy it to keep him mobile as it was much bigger than her car, which was used as part exchange. Unfortunately 5 days after collecting the car (yesterday) the husband died, she's never driven the car as we collected it for her and would be much better off with the car she had before. The dealer still has her old car listed for sale but I'm getting conflicting information on what her rights are to cancel the transaction and get her old car back. Obviously it's a distressing time for her so if it means settling/losing the deposit paid I'm sure she would accept that but wanted some advice before suggesting to her what she can and cannot do to try and swap cars back.

tom_e · 4 Aug 2016 at 10:10

Have you tried just having a word with the dealer? I know for the most part they're inhumane ***** but you'll find the odd one with a bit of soul left in them and a polite chat may be the way to go.

[TW]Fox · 4 Aug 2016 at 10:19

I believe that the distance regulations that let you return, say, a video card do apply to cars too.

Steeps · 4 Aug 2016 at 11:11

We've not spoken to the dealer yet as the husband only died yesterday afternoon. Will give them a call to see what they are offering and see if we can move it forwards.

[TW]Fox · 4 Aug 2016 at 13:36

Familiarise yourself with your entitlements under law before you call the dealer, in case they are less accommodating than you'd want:

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

You must act fast as I believe you have 7 days from delivery to make a request under the new Consumer Contract Regulations, which now include the Distance Selling Regulations.

Big Spender · 4 Aug 2016 at 14:29

From Fox's link:

Your right to cancel an order

The Distance Selling Regulations state that your right to cancel an order starts the moment you place your order and doesn’t end until seven working days from the day after you receive your goods.

This is the minimum consumers must be given and many sellers choose to exceed this, so always check the terms and conditions in case you have longer to return your items.

As this seven-day working period is the time you have to decide whether to cancel, by law the seller can’t say that you must have returned the goods within this time frame.

Confirmation of your cancellation should be sent by email, letter or fax.

GinG · 4 Aug 2016 at 14:40

^^Does that include cars though? Maybe a quick call to CAB would be worth a shot. Quite an unusual situation to be in.

cheesyboy · 4 Aug 2016 at 14:41

Was it actually a distance sale? You collected it - did you pay on collection?

[TW]Fox · 4 Aug 2016 at 14:47

cheesyboy said:
Was it actually a distance sale? You collected it - did you pay on collection?

If it was collected it isn't a distance sale. I assumed it was delivered.

Steeps · 4 Aug 2016 at 15:09

Looks like we don't have a leg to stand on:

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

(a)regulation 34(3) (where enhanced delivery chosen by consumer);

(b)regulation 34(9) (where value of goods diminished by consumer handling);

So basically as her name is on the registered keeper list, it's a case of negotiating how much of the value is lost to take it back and have her own car back.

[TW]Fox · 4 Aug 2016 at 15:15

That section allows a reasonable deduction, it doesn't render the item unreturnable. However I think the fact you collected it is what will put paid to this solution.

booyaka · 4 Aug 2016 at 23:58

don't take this as a harsh statement due to the death of someone but - If it was collected and also it's in the wife's name - I can't see how the law applies. If it was in the husbands name, there might be something, even a moral obligation for the dealer.

K.C. Leblanc · 5 Aug 2016 at 00:05

booyaka said:
don't take this as a harsh statement due to the death of someone but - If it was collected and also it's in the wife's name - I can't see how the law applies. If it was in the husbands name, there might be something, even a moral obligation for the dealer.

Actually if it's in the husbands name it'll probably make the situation harder to deal with since she may not be able to sell the car until she's been granted probate.