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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have just taken delivery of a commercial Contract Hire Vehicle

Resolved Question:

I have just taken delivery of a commercial Contract Hire Vehicle and unfortunelty found that I am too big for it, at nearly 6'3" my eyline is above the windscreen and I cant see the near side due to the rear view mirror being in the way. It is unsafe for me to drive it.
I contacted the company vanarama and informed them within 2 working days of recieveing it, at first they said it shouldn't be a problem and i could return the vehicle now they are saying they cant accept it back. It is now 7 days since i received it and i really need to know my rights.
This was all done on line. The contract is in the name of my Ltd company.
Kindest regards
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What is it you would like to know specifically? You say it was signed by your Ltd co is that correct?
Customer: replied 1 year ago.

My rights to return the vehicle as the agreement was done online and that the vehicle is unsafe to drive due to my height.

As detailed previously I informed them within 2 working days and it was only 7 days ago i received it.

The agreement is with my ltd company.

Expert:  Ash replied 1 year ago.
Its bad news I am afraid. You have no rights. If you were a consumer then you would have a 14 day cooling off period under the Regulations. But these do not apply to a business. Therefore sadly unless they agree you can return it sadly by law you can not.
You can not insist they take it back. The only exception would be if you had a test drive in the same make/model and it turned out to be different. In this case the Sale of Goods Act would apply and you could return it. But if you did not test drive sadly this would not apply.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

What about.

right to terminate the above Agreement under Section 99 of the Consumer Credit Act 1974.

Expert:  Ash replied 1 year ago.
You are not a consumer, therefore the CCA does not apply. You are a business (ltd) co.
If you were a consumer then yes you could terminate, But in this case its a business.
I am sorry.
Alex
Customer: replied 1 year ago.

Is this the case even if they said i could originally which I have on a recorded message?

Is there any rights i have due to being done on line under the distance selling regulations.

Expert:  Ash replied 1 year ago.
Distance Selling Regs are now the Consumer Contract Regulations 2014. Again the same applies - it is for the consumer only, not a business. I had already considered that and rejected the proposition for that reason.
If they said BEFORE you purchased the vehicle you could change it if it was not suitable then potentially you could hold them to that contract. However you would need a Court injunction and if you lost you would be liable for the costs of the other side.
It may be that they thought you were a consumer until the agreement was done and then it was a Ltd co.
But the Distance Selling Regs, Cooling off Rights and Consumer Credit Act do not apply to businesses.
I am sorry.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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