Car Lease

30
Found 20th Aug 2012
Hello all

This is probably going to end in tears but i thought i could go for a second opinion.
On Friday i decided to go forward with a car lease, i signed all the order forms (not the lease contract) and faxed it to them.
I paid a £500 deposit by debit card (which they charged 2.5% extra when it states this only applies to credit cards)
After mulling it over the weekend i decided it was not in my best interest to go forward with this.
I have cancelled it today but they are waving additional fees for cancelling after the order form stage.
Is there any way to get out of this and retrieve my £512.50 deposit back or should i agree to pay the cancellation costs ?
Im sure there is legislation in place which provides so many days grace period from order date.
It is not mentioned anywhere in the order form.
The car would have not been delivered until mid November.

I look forward to the responses

Many thanks
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30 Comments
Out of interest, which car was it?
Merc slk
wouldnt have a clue

but wouldnt this class as a form of insurance and therefore SHOULD hve a cooling off period ?
if you paid over internet or phone distance selling regs apply
Can't you just buy a cheap 406 and some carbon fibre?
By "waving (sic) additional fees" do you mean applying additional fees?
I do mean applying additional fees, apologies, it was through an online leasing company so can I use distance selling regulations legislation ?
i would ring up citizens advive mate ( good luck )
davver99

if you paid over internet or phone distance selling regs apply


wrong

The sale of financial products to consumers is excluded from the Regs.

However they are covered by the Financial Services (Distance Marketing) Regulations 2004, which say at Regulation 13

(6)Subject to paragraphs (7), (8) and (9), the supplier may make a charge for any service
actually provided by the supplier in accordance with the contract.
(7)The charge shall not exceed an amount which is in proportion to the extent of the service provided to the consumer prior to the time at which the cancellation event occurred (including the service of arranging to provide the financial service) in comparison with the full coverage of the contract, and in any event shall not be such that it could be construed as a penalty.
Thanks for that cs, i wonder how much work they achieved in 1 working day...... probably £500 worth
Did you see it on Facebook?
davver99

if you paid over internet or phone distance selling regs apply



Not necessarily. If it's business to business then the OP needs to take the hit

Edited by: "gizmouk" 20th Aug 2012
Was it on a personal agreement? i.e., PCP or PCH, or is it business to business.

If personal, then Consumer Credit Act will apply. Therefore if it was arranged over the phone/internet then you have a cancellable agreement and certain cancellation rights apply.



it is a business lease, thanks for all the info guys.
Sounds petty but as they charged me 2.5% on a debit card (stated only on credit cards), could I say this is a breach of their order form T&C's
witiben55

Sounds petty but as they charged me 2.5% on a debit card (stated only on … Sounds petty but as they charged me 2.5% on a debit card (stated only on credit cards), could I say this is a breach of their order form T&C's


Was it a pre-paid debit card or paypal debit card? They can be a problem as they are based offshore and incur merchant charges I believe.
A standard maestro debit card
If you faxed the documents you are covered under the DSA.
aircanman

If you faxed the documents you are covered under the DSA.


see post #9
The documents were faxed. Thanks again for all this, I will put forward the Financial Services (Distance Marketing) Regulations 2004 and let you know how it goes
csiman

see post #9



I didn't think if it was business to business.
Try calling / emailing the leasing company (anonymously) and put it to them, that your interesting in leasing a vehicle from them and if once the contract were signed and deposit paid, is the deposit returnable should I change my mind (within a couple of day's of signing) make sure you record the conversation
zermattbusby

Try calling / emailing the leasing company (anonymously) and put it to … Try calling / emailing the leasing company (anonymously) and put it to them, that your interesting in leasing a vehicle from them and if once the contract were signed and deposit paid, is the deposit returnable should I change my mind (within a couple of day's of signing) make sure you record the conversation



Illegal to record the conversation without telling them, and that will never hold up as evidence due to being against the law in the first place.
aircanman

Illegal to record the conversation without telling them, and that will … Illegal to record the conversation without telling them, and that will never hold up as evidence due to being against the law in the first place.



Is a pub urban myth

It's not illegal to record a telephone conversation if its only for your own use. You do however have to tell the other persons you're recording the call if you have the intention of replaying it in part or full to either another party, or back to the original call participants.
gizmouk

Is a pub urban mythIt's not illegal to record a telephone conversation if … Is a pub urban mythIt's not illegal to record a telephone conversation if its only for your own use. You do however have to tell the other persons you're recording the call if you have the intention of replaying it in part or full to either another party, or back to the original call participants.



Which they would be doing if they referred to the instruction of Zermattbusby.
CAB, CAB, CAB.

There is pretty much only one persons advice you should listen to on here regarding anything legal (apart from those telling you to go to the CAB) and that is Magic Jay.
aircanman

Which they would be doing if they referred to the instruction of … Which they would be doing if they referred to the instruction of Zermattbusby.



you can supply a manuscript of the recording to anyone, you can tell a court you have a recording and they can request to listen to it. You can not play it back to anyone unless by court order.
OP = OP - £512.50
Managed to get £ 400.00 back
Thanks for all your help guys
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