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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Hello, My wife bought a car from carcraft last Saturday and

Customer Question

Hello, My wife bought a car from carcraft last Saturday and because I wasn't there she was sold a car with finance that is 24% , she has told me that was not explained to her. Also she was sold warrenty that she dosnt want which is a cost of £2000 . I have called carcraft and they say that they wont take the car back , ive looked at claus 4 and it says that if im not happy I can cancel the finance , I said that to the salesman but he still said they wont have the car back. im wondering what I can do to resolve this problem my wife is heartbroken and dosent want the car now. thankyou for your time
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did your wife agree a cooling off period please?
Customer: replied 2 years ago.

they didn't ask her

please is there anything we can do to cancell the car and finance
Customer: replied 2 years ago.
Hi Jo is there anything I can say to the salesman
Expert:  Jo C. replied 2 years ago.

You can cancel the finance under the contract easily enough.

The problem will be the car. The fact that she committed you both to a bad deal is unfortunately not a ground to cancel.

I presume she did this in store?

She didn't agree cooling off rights?
Customer: replied 2 years ago.
Yes in store but wasn't offered a cooling off period.ive spoken to him and he said that the warranty was an optional extra and can be cancelled but I want to cancell the whole arrangement
Expert:  Jo C. replied 2 years ago.
No, she won't have been offered one but did she ask for one?

Did she say that she wouldn't agree unless they did offer a cooling off period?

Contracts are not just about what was actually offered but what is negotiated

I imagine she did not but just for clarity.
Customer: replied 2 years ago.
No she didn't ask for one she had been there 5 hours with kids and mom and dad they just worn her out
Expert:  Jo C. replied 2 years ago.


Has the car been delivered yet?
Customer: replied 2 years ago.
She drove away with the car last Saturday but I phoned last Sunday to cancell
Expert:  Jo C. replied 2 years ago.

I will just dictate an answer for you if you can give me 10 mins but I'm afraid its bad news.
Expert:  Jo C. replied 2 years ago.
Thanks for the information.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The finance is no difficulty. They will offer cancellation rights.

The problem here is the car. Obviously you can only cancel the finance if they get their money back and I presume you are not in a position to repay it.

That could happen if the dealership would take the car back as the money could be transferred but the root of the problem here is the contract relating to the car.

What this comes down to, sadly, is that she agreed a bad deal. I'm afraid that does not give you rights to cancel per se.

Since she did the deal in store the distance selling regulations will not apply and so no cooling off rights are automatic.

No cooling off rights were agreed and so you cannot rely on those under the contract.

If the car had not been delivered or handed over then I would have suggested just refusing to take it as then they would have suffered no loss because they still had the car to sell. Unfortunately though, the car is with you now and the deal is closed.

The bitter truth, I'm afraid, is that the only way you can cancel is if they are willing to agree. Clearly its not really in their immediate interests to do so.

You can still try negotiating with them. One point that you could make is that if they will not agree you are unlikely to return to them and companies generally do want repeat sales.

Failing that, depending on the type of finance you have, you can always sell the car and pay off the finance. There will probably be a short fall but its a lot better than 24% on the whole amount.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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