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Car cancelation - New Car order form signed but......

Last post Sun, Nov 13 2011, 7:11 PM by huckster. 3 replies.
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  •  Sun, Nov 13 2011, 7:11 PM

    Re: Car cancelation - New Car order form signed but......

    furmedge:Thanks. I've not signed anything yet apart from the order form. The application for finance hasn't even been put forward yet so am I right in thinking that they cannot execute the order form until there has been a cash commitment or acceptance of finance terms with their finance house?

    Yes that is my understanding. Check the conditions on the order. If there has not been any consideration (payment), then I would think no contract exists. My A level law knowledge on contracts is that there must be some form of payment or offer to pay, for the contract to be valid. If payment has not been advised and you have not agreed to any payment in regard to cancelling the order, that I would think you could just cancel. Some orders you sign contain an agreement for you to pay £x amount should you cancel. Check the order form. They should have made the terms explicit to you and if they did not, then you have reason to be able to cancel without such penalty.

    • Post Points: 5
  •  Sun, Nov 13 2011, 6:49 PM

    Re: Car cancelation - New Car order form signed but......

    Thanks. I've not signed anything yet apart from the order form. The application for finance hasn't even been put forward yet so am I right in thinking that they cannot execute the order form until there has been a cash commitment or acceptance of finance terms with their finance house?
    • Post Points: 20
  •  Sun, Nov 13 2011, 6:27 PM

    Re: Car cancelation - New Car order form signed but......

    No cooling off period for contract signed on traders premises.

    If you did not advise of how you were going to pay for the contract, as payment would be fundemental to the contract being, fully valid, I would think you could now go back and cancel. The contract you signed could be seen as being an application only, with you needing to come back with payment details, before the contract could be concluded.

    I am not a legal expert, but this is my understanding. Go back to cancel to see what they say. If they have any problems, tell them that you will refer the matter to Trading Standards. You can contact TS at your local council authority or via Consumer Direct.

    • Post Points: 20
  •  Sun, Nov 13 2011, 6:16 PM

    Car cancelation - New Car order form signed but......

    .....no deposit paid (didn't have the cash to hand when signed) and not instructed them to apply for finance until my say so. What are the chances of cancelling without any further repurcussions? The dealership didn't advise of an annual rental after the initial payments (car lease it turns out) plus I found out today they've offered me £1000 less than two other dealerships for the part ex. I'm not happy how the salesman has conducted himself so would like to back out.

    Thanks in advance.
    • Post Points: 20