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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am in the process of buying a new car from Peter Vardy. I

Resolved Question:

I am in the process of buying a new car from Peter Vardy. I have paid a part deposit of £300 and have to pay remainder of deposit of £700 but have not signed any hire purchase agreement which I have to return to the showroom to sign today. Can I cancel the sale as After coming home I feel that I may not be able to commit. Please help. Marion Brown
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Yes you can cancel it but you will have lost your £300

Alex Watts :

This is because when you gave the £300 that shows you had intended to form a contract to buy.

Alex Watts :

Therefore if you cancel you lose this part of the deposit.

Alex Watts :

I assume you went to the car showroom to order. This means you do not have any cooling off rights.

Alex Watts :

So I am sorry to say whilst you can cancel you have lost the £300

Alex Watts :

I am sorry if this is not the answer you want and certainly not the answer I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: On top of conditions of sale there is a statement which says - "nothing herein contained is intended to affect nor will it affect, a consumer's statutory rights under the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or any amendments thereof" so does that in itself not give a cooling of time?
Alex Watts :

No.

Alex Watts :

If it was ordered online or via the phone then you would have 7 days cooling off

Alex Watts :

You did not, it was at a dealer and therefore have no cooling off

Alex Watts :

I am sorry

Customer: So in actual fact because I went to the show room (just as if I had gone to any retailers store) I have no rights at all?
Alex Watts :

Yes sadly.

Alex Watts :

You can't just change your mind - the law does not allow this.

Alex Watts :

If they wanted to they could push for the balance of the deposit.

Alex Watts :

But by giving the deposit you have a contract.

Alex Watts :

It is a contract by conduct.

Alex Watts :

I am sorry if this is not the answer you wanted, but I have to tell you the legal position

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Not really but I am sad that but if I have not signed ant papers regarding finance What would happen if I did not sign papers. Still the same answer. I am not sure if I can manage monthly payments !!!
Alex Watts :

Sadly yes.

Alex Watts :

The problem is this - when you go into a dealer and sign you have no cooling off rights

Alex Watts :

You would have cooling off rights just for the finance, but not for the deposit.

Alex Watts :

If you had ordered online or via telephone you would have cooling off rights.

Alex Watts :

I am sorry but the partial deposit is gone - but be grateful that you wont have to pay the full deposit.

Alex Watts :

Does that clarify matters?

Customer: Yes thank you very much for your help - just one thing more. if I can lose deposit on the finances side . What about the car I have no longer any use for . Am I still liable for it .
Alex Watts :

No.

Alex Watts :

That will be the end of the matter.

Alex Watts :

Does that help?

Customer: Yes I had thought that May be the case. Thank you very much for your help. I am going to Peter Vardy's this afternoon and hopefully it will be ok. I would rather lose the £300 deposit than be committed to repayments which I feel I cannot afford.
Alex Watts :

Of course.

Alex Watts :

Does this answer the question for you today?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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