cancelling a used car order - any advice?

[dippys]

on saturday,took a look a zafira 08 plate at one of the local main dealers - £7495, the sales person worked out a price. i said as this affects out home finances, i would speak to the wife, and if she agreed we would go ahead with the purchase. paid and small deposit £200, and signed the order form, did not sign any hp agreements, the sales person confirmed (but not in writing) that if she was not happy, we get the deposit back.

spoke to the wife later on about the car, she was unhappy about the deal, and would prefer cash deal rather than hp, as she only works part-time, and with the current climate, she felt that we could not afford it, as she works reduced hours

went back next, and inform the sales person that we wanted to cancel as the wife was not in agreement.

got told i would need to speak to the business manager, and as he not in on the weekend, come back during the week.

went today (wed), and inform he that we wanted to cancel, he stated that he would need to see some financial statements to show that we can't afford it, he was still pushing to do the deal.

any advice?

 

[ExSalesman]

The thing about car salespeople is that they want/need you to make a commitment to buy the car. Most of them realise that someone, on their own, will seldom make a decision WITHOUT the wife/husband/partner's agreement. BUT - if they let you walk - they have failed. When I was selling cars we used to literally drive the person round to their house to see/get the partner involved and then close the deal.

It sounds like that was impossible (or maybe they didn't think of that) so they did the next best thing which was to get you to sign an order "Subject to your wife's approval". However, it seems that neither you nor they actually wrote those words on the order form?

They now appear to be using delaying tactics on you in the hope that you/your wife will relent and give up and go ahead with the purchase. It is good that you did not sign any HP forms as I suspect that would be more of a legal commitment. I don't think for a minute that just signing an order form makes a legally binding agreement - it would have been better if you had written "subject to wife's approval" on the form - but I don't believe they can hold you to this. You just neeed to remain firm in your assertion that it was all "subject to...".

You need to argue this and try to get your deposit back.

 

[dippys]

thanks for the advice, i did check with trading standards yesterday, they said " sale was also based on the need to complete a regulated consumer credit agreement, which would only become ‘executed’ when signed by the debtor and creditor" . As we have not received any paperwork or signed anything we are entitled to withdraw from the prospective agreement under section 57 of the Consumer Credit Act 1974.
Under Section 57 our notice to withdraw from the sale cancelled the credit agreement which means that any linked transaction to buy the car should be treated in the same way as a cancellable agreement i.e. we are entitled to a refund of our deposit.

i have written a letter to that effect and passed that across to the business manager.

 

[dippys]

hi exsalesman

at the bottom of the order form in small print " this document contains the terms of a contract, sign it if you wish to be legally bound by them. nothing herein contained is intended to, nor will it affect, a consumers statutory rights under the sales of goods act 1979 or the unfair contract terms act 1997'

but there are no terms on the order form, apart from the agreement to purchase.

is that normal,

 

[deadpixel]

Sounds like your not bound down by any legally binding contract so nothing to worry about

 

[trickygj]

dippys

signed the order form

From what you state you did not sign a credit agreement, you just signed an order form which indicated your intention to purchase the vehicle subject to signing the credit agreement after you had spoken to your wife.

Therefore you can under s57 as trading standards advised give your intention to cancel which includes any linked transaction.

You should therefore be able to obtain a full refund. It is not dependant on your ability to meet payments or a financial statement as the business manager advised.

Lets us know how you get on, its always interesting to see how these things pan out.

 

[Sigma]

on saturday,took a look a zafira 08 plate at one of the local main dealers - £7495, the sales person worked out a price. i said as this affects out home finances, i would speak to the wife, and if she agreed we would go ahead with the purchase. paid and small deposit £200, and signed the order form, did not sign any hp agreements, the sales person confirmed (but not in writing) that if she was not happy, we get the deposit back.

spoke to the wife later on about the car, she was unhappy about the deal, and would prefer cash deal rather than hp, as she only works part-time, and with the current climate, she felt that we could not afford it, as she works reduced hours

went back next, and inform the sales person that we wanted to cancel as the wife was not in agreement.

got told i would need to speak to the business manager, and as he not in on the weekend, come back during the week.

went today (wed), and inform he that we wanted to cancel, he stated that he would need to see some financial statements to show that we can't afford it, he was still pushing to do the deal.

any advice?

He is trying to fog you off.Your financial statements is of concern to him.
All he wants is a deal .