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Thanks for all your messages guys. On checking my documentation, it actually says that you pay the outstanding balance either on or before collection date so that's rather vague and they gave me an ETA of 5 weeks (so that's 4.5 weeks from today). Also, the order form I have in my possession has no signatures on it, not even mine (it IS an original), though I did sign one but they've kept that! Therefore, is this still a legally binding contract? I don't particularly want to walk away but their business practices seem rather strange to me and there is absolutely no way I'm paying them any more money (and I've told them so) until I've closely inspected AND driven the car - as indeed it suggests on their own Ts and Cs! If they say I cannot do that, then they are, in my opinion, renaging on the contract! The sales 'executive' (that's a laugh!), I have discovered yesterday, is on a training course ..... enough said! As said previously, he didn't look old enough to be working!!! I'm so tempted to tell them to stick their car where the sun doesn't shine and go elsewhere and get a car that is currently in stock so I can see it before signing anything - also, as an aside, I'm guessing this could be considered as a 'distance selling' transaction as I paid the deposit over the telephone without having seen the actual car!!!
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A number of issues here:
"... the order form I have in my possession has no signatures on it, not even mine (it IS an original), though I did sign one but they've kept that! Therefore, is this still a legally binding contract?"
Yes, it is. You have signed the document - this is the key point.
"... there is absolutely no way I'm paying them any more money (and I've told them so) until I've closely inspected AND driven the car - as indeed it suggests on their own Ts and Cs!"
"Suggests" is vague. Before getting into a dispute with the dealer you need to be absolutely clear what kind of a deal you are involved in.
"... I'm guessing this could be considered as a 'distance selling' transaction..."
According to my research, "Distance Selling Regulations no longer apply in UK law. As of 13 June 2014 the Consumer Contracts Regulations - which implement the Consumer Rights Directive in UK law - apply to all purchases you make at a distance." (www.which.co.uk/consumer-rights/regulation/distanc...s)
However, it seems to me some of the legal protection remains, e.g. the right to cancel within 14 days. In addition: "Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it." (from the page quoted above)
Forgive me for pointing out that you are getting too emotionally involved in this - your sense of grievance over past mistreatment and contempt for the sales executive, for example.
You need a clear head to make your next decision, but I'd say (as others have suggested) that if you're unhappy and/or have a bad gut feeling about the deal, then back out.
Edited by FP on 22/09/2015 at 12:04
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A number of issues here:
"... the order form I have in my possession has no signatures on it, not even mine (it IS an original), though I did sign one but they've kept that! Therefore, is this still a legally binding contract?"
Yes, it is. You have signed the document - this is the key point. Good point, agreed!
"... there is absolutely no way I'm paying them any more money (and I've told them so) until I've closely inspected AND driven the car - as indeed it suggests on their own Ts and Cs!"
"Suggests" is vague. Before getting into a dispute with the dealer you need to be absolutely clear what kind of a deal you are involved in. Just a straight forward part-ex with a new car on a small HP agreement, just to get the discounts. Would ANYONE you know part with hard earned cash before seeing something, I certainly wouldn't, despite any protections that may be in place - it's the inconvenience factor of having to get something sorted after the event and if you take possession of something that has a fault and you do not make that known to the dealer promptly, then you're considered to have 'accepted' the problem.
"... I'm guessing this could be considered as a 'distance selling' transaction..."
According to my research, "Distance Selling Regulations no longer apply in UK law. As of 13 June 2014 the Consumer Contracts Regulations - which implement the Consumer Rights Directive in UK law - apply to all purchases you make at a distance." (www.which.co.uk/consumer-rights/regulation/distanc...s) - hmm, interesting, I was not aware of that so thank you :-)
However, it seems to me some of the legal protection remains, e.g. the right to cancel within 14 days. In addition: "Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it." (from the page quoted above) - the car deposit was only paid last Sunday so by my reckoning and your link to the Which website, I still have time to cancel the order entirely though I suspect I may not get my deposit back, right?
Forgive me for pointing out that you are getting too emotionally involved in this - your sense of grievance over past mistreatment and contempt for the sales executive, for example. - no, you're absolutely spot on, sadly - I tend to think with my heart rather than my head, I'm female, enough said!! ;-)
You need a clear head to make your next decision, but I'd say (as others have suggested) that if you're unhappy and/or have a bad gut feeling about the deal, then back out. - I think that may be the final outcome - at least if I can source a car elsewhere that I can actually see before signing on the dotted line, that would give me more piece of mind.
Thanks again for all your input and time - it's greatly appreciated.
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" Before getting into a dispute with the dealer you need to be absolutely clear what kind of a deal you are involved in.
- Just a straight forward part-ex with a new car on a small HP agreement, just to get the discounts."
All I was trying to say was that the wording of the Terms and Conditions needs to be examined. YOU may be clear about what kind of deal you're getting, but the T & C won't "suggest" anything - it will either be clearly stated or not - we're talking about a legal document here.
So when you say higher up this thread, "... there is absolutely no way I'm paying them any more money (and I've told them so) until I've closely inspected AND driven the car - as indeed it suggests on their own Ts and Cs!" you need to know exactly where you stand.
Don't despair of getting your deposit returned if you back out, though you may have to fight for it. Again, what - exactly - does the documentation say?
Lastly, I really don't think being a female comes into this. Plenty of men apply a pretty quaint kind of logic to car purchases, though most of them are probably driven by different priorities from most women. It's all too easy to make the wrong decisions when a major purchase is involved.
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There is a simple answer. The end of September is the end of the quarter. They will be wanting to register the car so that it goes on the September quarter's sales figures, if they meet their target Ford increases the bonus not only on cars they sell after reaching the target but on all cars sold in the quarter. If they are close to meeting the target they will be doing all they can to register cars and obviously they will not want to register the new car in your name before they are paid.
If you paid the deposit by credit card you are pretty well protected but I would not be paying for a car until I had inspected it and ensurred its exactly what I had ordered.
Your call but if you refuse to pay early I cannot imagine they will cancel the order and refund your deposit. A sale is a sale after all.
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There is a simple answer. The end of September is the end of the quarter. They will be wanting to register the car so that it goes on the September quarter's sales figures, if they meet their target Ford increases the bonus not only on cars they sell after reaching the target but on all cars sold in the quarter. If they are close to meeting the target they will be doing all they can to register cars and obviously they will not want to register the new car in your name before they are paid.
If you paid the deposit by credit card you are pretty well protected but I would not be paying for a car until I had inspected it and ensurred its exactly what I had ordered.
Your call but if you refuse to pay early I cannot imagine they will cancel the order and refund your deposit. A sale is a sale after all.
Thanks for that. According to the Which website, I have a 14 day cooling off period as the deposit was paid over the telephone - the other poster kindly pointed this out and he's absolutely correct. I may have to forego my deposit but I'll see what happens. It's NOT a factory order, it's just sitting in a holding depot in Spain!!
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Let us know what happens,
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Let us know what happens,
Will do, though on further reading of the Which website re 14 day cooling off period, that only applies to orders placed over the phone where the order form is not then signed in branch - mine was so I think I'm stuffed, unless they insist on the payment up front thing and if they do, I will direct them to their own Ts and Cs! Thanks again chaps :-)
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You made a contract when you paid over the phone. Paperwork just filled out the details, so I would guess the CCR apply. Put it to Which as a query?
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When I bought my last car I paid the deposit over the phone and signed the paperwork 4 days later (when I collected the car). I was covered by the Distance Selling Regs so I acnnot see why the OP would not be.
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When I bought my last car I paid the deposit over the phone and signed the paperwork 4 days later (when I collected the car). I was covered by the Distance Selling Regs so I acnnot see why the OP would not be.
I think if this was before June last year, then that was fine but the regs have changed but I think as I signed the order form on the dealers premises, I'm bound to the contract - at least, that's my understanding!! Thanks again everyone :-)
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You made a contract when you paid over the phone. Paperwork just filled out the details, so I would guess the CCR apply. Put it to Which as a query?
Forgive my ignorance but what is CCR?
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From a handy link given above, Consumer Contracts Regulations. Replacing the Distance Selling Regs. Consumer Contracts Regulations
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