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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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New car under Hire Agreement (lease contract) - contract clearly

Customer Question

New car under Hire Agreement (lease contract) - contract clearly states 14 days cooling off period from counter signature of contract however the Car was delivered with only 2 days of the cooling off period remaining.
I was unable to test drive the car to establish its characteristics until the evening that cooling off period finished and the office was closed to send a cancellation.
Given that a good was delivered trading standards have advised that this would fall under Consumer Contracts and it was sold over distance so I would have 14 days from delivery of the good. The firm in question Lex Auto lease are saying they do not fall under regulation and are unwilling to take the car back.
How can i establish if the car does fall under Consumer Contracts and what would be the next steps?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am solicitor with 20 years experience. I will try to help yo with this.

Customer:

Are you leasing this car as an individual and for how long?

JACUSTOMER-zgc8rgf0- :

an individual for 4 years

Customer:

Did you enter the contract face to face, on line or in some other way?

JACUSTOMER-zgc8rgf0- :

it was over the internet but contracts were posted back after being received by email

JACUSTOMER-zgc8rgf0- :

Lex Autolease are regulated by the FCA so are saying they governed exclusively by their regulations

JACUSTOMER-zgc8rgf0- :

I am trying to establish if this is 'exclusive' or if they would also fall under the consumer contracts regulation which replaced the distance selling directive

Customer:

Ok so they are saying that this in not a sale and therefore not covered by by the Consumer Contract Regulations?

JACUSTOMER-zgc8rgf0- :

they have not given that level of detail but they are saying are only saying they regulated by the FCA and its falls within distance marketing regulation not consumer contracts

JACUSTOMER-zgc8rgf0- :

they have not specifically said it is not a sale but i think that is what they are implying

Customer:

The regulations referred to above apply to sale contracts but not to hire contracts. I fear that Lex may be correct.

JACUSTOMER-zgc8rgf0- :

how would I establish it for sure?

JACUSTOMER-zgc8rgf0- :

what would be the next steps

JACUSTOMER-zgc8rgf0- :

so far I have not learned anything new

Customer:

This would seem to exclude leasing contracts.

Customer:

This is how the regulations you are trying to engage start

"Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations
If you are a trader selling goods, services or digital content to a
consumer, these regulations will apply to you"

Customer:

I thought I had answered your question. How else can I help?