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I am enquiring where I stand if I cancel a verbal order

Hello. I am enquiring...

Hello. I am enquiring where I stand if I cancel a verbal order placed three weeks ago.

Lawyer's Assistant: Are you in the UK or the States? It matters because laws vary by location.

UK

Lawyer's Assistant: What steps have you taken so far?

Before placing the order I had visited the dealership twice.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have received no written confirmation of the order from the salesman either in letter form or email. The car was a high spec model that was already manufactured and in the UK. The dealer requested delivery to their showroom for me. We have discussed possible dates for for completing the purchase and collecting the vehicle.

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3/20/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,161
Experience: Qualified Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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So did you place the order during one of the visits to the dealership or did you place the order over the phone? Please can you also confirm the exact date of this?

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Customer reply replied 4 months ago
I placed the order over the phone on 1st March 2018 based on conversation with the salesman at the dealership on 27th February 2018. The salesman called me.
Customer reply replied 4 months ago
A week later I called the salesman having expected an email with more information. I was not sent any information. Two weeks after placing the order I called again to be told the vehicle had arrived and was being prepared. I was given a registration number and had the impression it was being registered in my name. However checking with DVLA they said it had not been registered yet, and the registration number would be one the dealership had been allocated for new vehicles.
I had checked with the DVLA because I wanted to use that information to make an application for insurance.
My reason for not wanting to go ahead is because I feel the vehicle is more expensive than I can justify for our vehicle use.
Customer reply replied 4 months ago
I have signed nothing and was not given a written quotation by the dealer.
We had discussed several variations on the model being considered and I had written the 'on the road' prices in a note book.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Many thanks for your patience. A consumer’s rights in this situation are determined under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts entered:
• On the trader’s business premises
• Off the trader’s business premises (e.g. at the consumer’s home)
• At a distance (e.g. online or over the phone).

All of the above contracts require the trader to issue the consumer with specific pre-contractual information. Details of the required information can be found here:
• For contracts entered on the trader’s premises: http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made
• For contracts entered off the trader’s premises or at a distance: http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

If this information is not provided, the consumer’s right to cancel, as detailed below, can be extended by up to 12 months.

In terms of cancellation rights, these are as follows:
• Contracts entered on the trader’s premises – there is no right to cancel unless the trader provided a cancellation clause, although if they had not provided the above-mentioned information the right to cancel exists for up to 12 months up until the information is provided
• Contracts entered off the trader’s premises or at a distance – 14 days after the day the contract was entered into (for services) or 14 days after the day the goods came into the physical possession of the consumer (for goods)

So if the other aide has not provided you with the required information, you may still have the right to cancel.

If you wish to get a template cancellation form you can use the one provided in the Regulations: http://www.legislation.gov.uk/uksi/2013/3134/images/uksi_20133134_en_003

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer reply replied 4 months ago
Thank you. Your reply is very comprehensive, but I am still unclear whether verbal discussions constitute a verbal agreement.
Nor I am I sure whether it would be considered to have taken place at the Trader's Business Premises or at a distance because the go ahead and deposit was placed over the phone.
Would a copy of the car manufacturers publicity material constitute part of the pre-contractual information along with verbal price information. I have no general or specific conditions in writing. I have not been notified of the right to cancel that apply.
My impression is that if I cancelled on the grounds of having inadequate pre-contractual information, I could be liable for delivery and other reasonable costs.
I am still not sure where I stand.

A contract is formed if there is an offer and an acceptance and some consideration by the parties. So if through verbal discussions an offer was made which was accepted a legally binding contract can be formed. If it was agreed over the phone then it would be a distance contract. I would push for cancellation still on the basis of this being a distance purchase with 14 days cancellation period. Hope this clarifies?

Ben Jones
Ben Jones, UK Lawyer
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