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Stuart J
Stuart J, Solicitor
Category: UK Law
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Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I signed a lease car order form 7 days ago and have just recieved

Resolved Question:

I signed a lease car order form 7 days ago and have just recieved the finance documents, which i have not signed as i have decided i do not want to go ahead with the lease.
They are now charging me a fee of the initial deposit of the car (£400) and the first monthly payment (£250) as a cancellation fee. Is this legal? Am i entitled to a cooling off period as I ordered over the phone and signed the order form and sent this back by post?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

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Was any cooling off period specified in the lease that you signed?
Customer: replied 1 year ago.


No no cooling off period was stated - on the car order form it did state that if i were to cancel i would be liable for the first month rental but i was under the inpression i would still have a 7 day cooling off period, especially as i hadnt signed any finance agreements.

Expert:  Stuart J replied 1 year ago.
Is this a commercial lease or are you a private individual?
Customer: replied 1 year ago.


Private individual

Expert:  Stuart J replied 1 year ago.


Until you have signed anything, you are not bound by anything.

In addition, you have seven days from when you receive all the
documents back, to cancel in any event under the Distance Selling Regulations notwithstanding
your cancellation rights under the Consumer Credit Act.



I would write back to them and tell them that you have been
advised that you are under no obligation to pay anything and that if they feel
differently, they should take you to the Small Claims Court.



I wouldn't be paying anything unless the court ordered me to,
based upon the fact that you have given.



You are possibly liable for the first month's rental if you agree
to that but they would not be getting it out of me easily. I too am of the
opinion that you get seven days from when the paperwork comes back to you, not
from when you send it out.



Does that answer the question? Can I assist further or answer any
specific queries?



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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20343
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your answer, but I am just a bit concerned as i have signed something - i signed the intial order form where it states there is a cancellation fee applicable. Am i still ok to go back to them and say i am under no obligation to pay?

Expert:  Stuart J replied 1 year ago.


In my opinion, yes you are.

Under the distance selling regulations, you have seven days to
cancel and I would rely on that and I would tell them that. If they feel
differently, they can take you to court and if I was you, I would be going to
court and defend it.



The worst that can happen is that the judge disagrees with you
and me and you have to pay the £250. They would not get it out of me easily!



This is small claims court and they will not get their legal
costs back even if they win

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