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Old 24-08-17, 08:11 PM   #1
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Default Legal Advice Please

This week I went online to Drive The Deal to get the best price for 3008 GT Line., the price was ok but before you can press enquire, you need to accept T & C which I did (foolishly). D T D then e-mail you with a reference number and telephone numbers. I then phoned them and agreed to proceed. They take your card details to pass onto the dealer and tell you who the dealer is also placing an order with the dealer. The dealer then got in touch with me and sent me the paperwork to sign. I decided not to proceed, never signed any forms and e-mailed the dealer to cancel. I have spoken to the dealer and he has no problems with this, but I have now received an e-mail from the D T D demanding 295.00 + VAT cancellation fee informing me they will now not get any commission from the dealer and quoting from their T & C's "clause 36 (4) (b) of the consumer contracts (information cancellation and additional charges) regulations 2013". Although D T D said they placed the order surely no order has been placed until paperwork has been signed and dealer places order with Peugeot.

Any help much appreciated. John.
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Old 24-08-17, 08:47 PM   #2
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Contract law is complex clicking agree to T+C on its own does not necessarily mean you are liable it really depends on their wording.

I agree with your view that the order has not been placed as asking a dealer to order a car is not the same as the dealer ACTUALLY ordering the car.

They have your card details so may well try to process the fee anyway if its a credit card you could get the card company to sort it out.
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Old 26-08-17, 03:59 PM   #3
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Quote:
Originally Posted by j636 View Post
This week I went online to Drive The Deal to get the best price for 3008 GT Line., the price was ok but before you can press enquire, you need to accept T & C which I did (foolishly). D T D then e-mail you with a reference number and telephone numbers. I then phoned them and agreed to proceed. They take your card details to pass onto the dealer and tell you who the dealer is also placing an order with the dealer. The dealer then got in touch with me and sent me the paperwork to sign. I decided not to proceed, never signed any forms and e-mailed the dealer to cancel. I have spoken to the dealer and he has no problems with this, but I have now received an e-mail from the D T D demanding 295.00 + VAT cancellation fee informing me they will now not get any commission from the dealer and quoting from their T & C's "clause 36 (4) (b) of the consumer contracts (information cancellation and additional charges) regulations 2013". Although D T D said they placed the order surely no order has been placed until paperwork has been signed and dealer places order with Peugeot.

Any help much appreciated. John.
Distance selling law says you have 14 days to change your mind. Look it up!

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Old 26-08-17, 04:47 PM   #4
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Grumpy thanks for your reply. D T D T&C say that once they have sourced the motor and price and passed my details to the dealer which I told them to do then they have completed their part of the contract then if I cancel with the dealer they get no payment from the dealer and I have to pay them for their time and work 250+VAT which is in T&C so don't know where I stand with 14 day lark. John
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Old 26-08-17, 04:56 PM   #5
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Sorry their price is 295+VAT
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Old 26-08-17, 05:08 PM   #6
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If you by anything over the phone internet or even by post you have the benefit of the 14 day rule.
QUOTE
"The Consumer Contracts (formerly Distance Selling) regulations. On 13 June 2014 the Distance Selling Regulations were replaced with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These apply to sales of goods or services to consumers without face-to-face contact."
AND..
"Under the regulations, you must:

give customers specified 'prior information' before a sale is made
usually, give customers a right to cancel their order
confirm prior and certain other information in a durable form (eg in writing or email)
normally, fulfil your contractual obligations within 30 days unless otherwise agreed
usually, give customers a full refund up to 14 days after receiving their goods, if they change their mind"
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Old 26-08-17, 05:59 PM   #7
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Grumpy thanks for your time and effort when DDT give price you have to accept T&C they then send email with phone number and ref. no. then you phone to proceed which I did dealer got in touch next day and sent papers which I did not sign and cancelled same day I will try to send photo of T&C IF I CAN John
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Old 26-08-17, 06:04 PM   #8
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don't know if they have me by the short & curlys or not
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Old 27-08-17, 07:05 AM   #9
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Firstly, I must point out that I am not a solicitor or any other legal entity.

I'm aware of our legal rights as consumers that's all.

I would suggest you should seek proper legal advice if you want to dispute this issue. The legal framework I pointed out to you in an earlier post, trumps anything the company in question may have said or written.

In my opinion, if you haven't paid them, tell them to take you to court. It won't be worth their while. As for the company concerned, let this be a warning to others that are considering buying through an agent.


Threaten to take it to the press or even Watchdog..

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Old 27-08-17, 08:57 AM   #10
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This is why i said contract law is complex.

Although you are allowed a 14 day cooling off period their terms MAY have been written in such a way to mean you are liable regardless but i would not pay them anything inform your car company that you are not authorising any payment to them either.

Its a bit like the parking charges on private land they are also contract law and you are deemed to accept the terms just by parking there but the fees are way above what is reasonable its all about making money.
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