Distance Sale Woes

[Harry George 0]

Have tried to resist distance selling up until now, but we now have to if we want to sell any.

Had someone twice view a year old BMW prior to tier 4, decided to go for it last week.

We are now T4 so did everything we thought right giving the lawgistics distance sale paperwork etc.

Taxed in their name at Po as change of class V5 gone to DVLA.

That night they call saying it hasn’t got power mirrors - we knew that, never mentioned it advertised as such etc. 

They had the same car  before so would have know where button was etc. 

Few days on and they now want to reject at the 14 day stage 11 days time but won’t put in writing until then. We have offered to refund and collect now.

Could not make it up but guess there is nothing we can do. Makes me feel like not doing anymore but know we will be left behind if we don’t.

Normal times normal sales you’d say I’m sorry but you viewed the car, this rule suits today’s public to a T.

Any thoughts on anything we can do other than wait it out?

 

 

 

 

 

 

 

 

 

 

 

 

 

[MarkTVS 209]

If they have twice viewed it then it isn’t distance selling is it? I’d tell them to bolt 

[SC Derby 259]

Even if they hadn't viewed, the car isn't mis-advertised, so what is the issue?

[Huggins 17]

Power mirrors... seriously! It's always an excuse for a change of mind / regret. Muppets

[petrol head 46]

Free car hire for 2 weeks!

[Harry George 0]

I think that is what distance selling is isn’t it free car hire for 2 weeks.

I agree with all the comments above but  as the contract was not entered into until we were T4 it is distance sale.

Worst bit is we now can’t get car back for 14 days whilst they swan about in it.

Car was as new when it went out and we will obviously take that and mileage racked up into account upon return.

What a nightmare 

 

 

 

 

 

 

[David Ayers 171]

16 minutes ago, Harry George said:

I think that is what distance selling is isn’t it free car hire for 2 weeks.

I agree with all the comments above but  as the contract was not entered into until we were T4 it is distance sale.

Worst bit is we now can’t get car back for 14 days whilst they swan about in it.

Car was as new when it went out and we will obviously take that and mileage racked up into account upon return.

What a nightmare 

 

 

 

 

 

 

I disagree. As the customer had viewed it I would say not a distance sale.

As you have given them all the paperwork for a distance sale not a lot you can do about that now.

Don’t forget you have, I believe, up to 14 days to refund them. So plenty of time to make sure it is ok.

[Frank Cannon 812]

I would have thought that was a distance sale but, water under the bridge now. 

[petrol head 46]

Customers can leave reviews for our businesses, it's just a shame we can leave customer reviews!

I had a punter trying to return a car a few years back, as he wasn't happy with the radio, naturally told him to go and do one. Did a bit of digging around the trade and found he had tried to return 3 other cars, for spurious reasons. Needless to say he didn't get a refund or much time from me. 

Back to your case, folding mirrors, really does than spoil your enjoyment of a vehicle or affect a buying decision?

I would imagine like a lot of us, you Guy's watch shows such as "the sheriff's are coming", people expectations of cars they spend a few grand on are unbelievable. Don't know how some of you cope with these idiots. 

[SouthernTrader 20]

If you’ve given them the lawgistics distance selling regulations then you can charge them a £1 a mile after 20 miles as stated in the terms. So at least if they keep it for a bit and use it  you can get some money from them.

[EPV 631]

6 hours ago, Harry George said:

I think that is what distance selling is isn’t it free car hire for 2 weeks.

I agree with all the comments above but  as the contract was not entered into until we were T4 it is distance sale.

Worst bit is we now can’t get car back for 14 days whilst they swan about in it.

Car was as new when it went out and we will obviously take that and mileage racked up into account upon return.

What a nightmare 

 

 

 

 

 

 

If you can point out to me where the law mentions tier 4 in the distance selling regulations I’ll agree this is a distance sale. 
 

lessons learned and all that but this isn’t a distance sale. 

[BHM 994]

16 hours ago, Harry George said:

Few days on and they now want to reject at the 14 day stage 11 days time but won’t put in writing until then. We have offered to refund and collect now.

So after 3 days they verbally confirmed their intention to reject but still want to keep it for the fortnight? Other than roll up outside their house with a transporter & try to bluff them into a return, due to the relatively short timescale there isn’t much you can do other than sit it out. You never know, you might be lucky & suddenly realise they like the car.

Sometimes it’s just easier to move on with your life but I do understand a distance sale refund is due something like 14 days after the product is returned? If you feel the car has been well used you may wish to crawl all over the car with a fine toothed comb & rack up the biggest deduction imaginable.

To me this sounds like you’ve just been unfortunate with the customer.

[David Horgan 564]

20 hours ago, Harry George said:

Have tried to resist distance selling up until now, but we now have to if we want to sell any.

Had someone twice view a year old BMW prior to tier 4, decided to go for it last week.

We are now T4 so did everything we thought right giving the lawgistics distance sale paperwork etc.

Taxed in their name at Po as change of class V5 gone to DVLA.

That night they call saying it hasn’t got power mirrors - we knew that, never mentioned it advertised as such etc. 

They had the same car  before so would have know where button was etc. 

Few days on and they now want to reject at the 14 day stage 11 days time but won’t put in writing until then. We have offered to refund and collect now.

Could not make it up but guess there is nothing we can do. Makes me feel like not doing anymore but know we will be left behind if we don’t.

Normal times normal sales you’d say I’m sorry but you viewed the car, this rule suits today’s public to a T.

Any thoughts on anything we can do other than wait it out?

 

 

 

 

£1 a mile after 20 miles , hopes hes done 500 miles the pillock , He saw the twice car and said he had one before , I'd bluff him out .

But also check the paper work as i do believe if hes said its being returned he should STOP using from that point , ask him the mileage now and confirm with a picture so you know whats going to be expected as regards charges , tell him point blank it must be returned asap in same condition or charges will apply . 

pointing these out will make him recoil and might make him think , hes using you for free car hire for two weeks over bloody mirrors , 

 

 

 

 

 

 

 

 

 

Edited January 5, 2021 by David Horgan

[umesh 336]

If the customer has seen/inspected the car prior to lockdown then bought it as click and click its not distance selling. #fact 

[Holmfirth Cars 12]

ok so if the customer views a car on our premises & collects the car from our front gate, is this sale exempt from the DSR ?? 

[David Horgan 564]

1 hour ago, Holmfirth Cars said:

ok so if the customer views a car on our premises & collects the car from our front gate, is this sale exempt from the DSR ?? 

What Iv'e always believed that is , they can see it before they drive off , which means they have been to YOUR premises. Not you sending them the car as thats distance selling .

If the other was true then anyone can say its distance selling because i live 40 miles away and you sent it when i hadn't seen it  .

3 hours ago, umesh said:

If the customer has seen/inspected the car prior to lockdown then bought it as click and click its not distance selling. #fact 

+1 there Umesh 

[Harry George 0]

The only reason we did it as a distance  sale was to try and cover ourselves thinking we were doing the right thing.

If there were to be an issue further down the line and the customer could prove that no contract was entered into before T4, we could have come unstuck as they then have a year and 2 weeks to return.

As I understood it all deals in T4 were to be distance sales.

The car is superb with top spec - unless you want power mirrors and all we want to do is get it back, wipe our mouths and move on.

As said above I think we have just been unlucky, especially with our first ‘distance sale’.

Thanks for all your comments 

 

 

 

 

 

 

 

 

 

 

 

 

[petrol head 46]

Apologies for posting on this again, but these situations make my blood boil. You have sold a good car at no doubt at a good price, done hours worth of work and they are rejecting it for not having electric folding mirrors. Never heard such nonsense in my life, there will be a back story to this, such as:

- They have lost their job

- Got a new job with a company car 

- Wife is pregnant 

Reminds me of a tenant I had back in 2010, rented a beautiful apartment I have and during their tenancy there was a small leak when it rained in the kitchen. All it did was leave a pool of water on the tiled floor and several building contractors couldn't fix it, they made such a fuss about it and I did my best to fix it. So about 10 months into a 2 year rental they want to terminate, bear in mind it a was a few grand a month, to save the grief I said yes. So a couple of weeks later I get a call from a good friend who had been at a dinner party where the aforementioned tenant was present and was boasting about how he broke the agreement without penalty, citing the small leak. This was due to them wanting to live in a house rather than an apartment and live in a different area. I called him and told him what I thought of him, then found out who his company were subcontracting to and through a mutual friend met the CEO of the company he worked for and recalled the story to him. Left it at that, but I do know they no longer have that contract, however I'm sure there are more robust reasons than my apartment. 

As they say "buyers are liars".

Good luck with the next sale.

[BHM 994]

1 hour ago, petrol head said:

Got a new job with a company car 

I bet that’s not the reason at the moment 

Apart from that you’ll be absolutely correct. I’d bet this has got sweet f.a. to do with folding mirrors.

[Martin F 15]

7 hours ago, Holmfirth Cars said:

ok so if the customer views a car on our premises & collects the car from our front gate, is this sale exempt from the DSR ?? 

Guys, I think you need to think about this slightly differently.

Distance selling rules were originally brought in to give consumers confidence that if they ordered a product online that they had never seen and it turned up and was not quite what they expected they could return it within 14days no questions asked.

So in your case Holmfirth if the customer has previously seen the car physically, been given ample time to inspect and raise any questions etc, and then goes ahead and completes the sale remotely this would not be a distance sale in context of the legislation. Tiers have really got nothing to do with your scenario, just that they would no longer be able to come back for a second viewing or further inspection. 
 

Hope that helps.

[umesh 336]

19 hours ago, Holmfirth Cars said:

ok so if the customer views a car on our premises & collects the car from our front gate, is this sale exempt from the DSR ?? 

Don't belive so as we're in lockdown customers are NOT allowed to view cars only BUY remotely, which means they must have paid for goods prior to collection/delivery which puts it in to DSR. 

[Rory RSC 596]

This is someone who has seen and inspected the car prior to deciding to buy it.

 

I wouldn’t accept this back. Utter cheeky bastard thinking they can just use the car for the 14 days after telling you they don’t want it. 
 

 

[XFS 70]

I am not going to entertain distance selling on the basis that I am simply not willing to give customers the opportunity to use MY car for 14 days FOC

However I did sell a car before lockdown to a customer remotely. The customer paid a holding fee (not a deposit) has signed a disclaimer waving their rights under the distance selling legislation. The agreement is that they inspect the car on delivery and either accept or reject it then. If they reject then they lose their holding fee.

My question is...could I still subject by the terms of distance selling legislation? 

[beenaroundtheblock 21]

7 minutes ago, XFS said:

I am not going to entertain distance selling on the basis that I am simply not willing to give customers the opportunity to use MY car for 14 days FOC

However I did sell a car before lockdown to a customer remotely. The customer paid a holding fee (not a deposit) has signed a disclaimer waving their rights under the distance selling legislation. The agreement is that they inspect the car on delivery and either accept or reject it then. If they reject then they lose their holding fee.

My question is...could I still subject by the terms of distance selling legislation? 

You cannot get anybody to just sign away their rights. 

Distance selling regulations ended in 2014, it's the consumer contract regulations now.

[Frank Cannon 812]

1 hour ago, beenaroundtheblock said:

You cannot get anybody to just sign away their rights. 

Distance selling regulations ended in 2014, it's the consumer contract regulations now.

Before an order is placed

You must provide:

• your business name, contact details and address
• a description of your goods or services
• the price, including all taxes
• how a customer can pay
• delivery arrangements, costs and how long goods will take to arrive
• the minimum length of their contract and billing period
• conditions for ending contracts
• how they can cancel and when they lose the right to cancel
• if they will still need to pay reasonable costs for using a service after they cancel
• a standard cancellation form, if they can cancel
• conditions for money given as a deposit or financial guarantees
• what digital content does (for example, the language it’s in or how to update software)
• the cost of using phone lines or other communication to complete the contract where it will cost more than the basic rate

This information must be easy to understand and on paper, in an email or another format the customer can save for future reference.

Right to cancel

There are different rules for downloads and streaming services.

You must tell the customer they can cancel their order up to 14 days after their order is delivered. They don’t need to give a reason for cancelling.

If you don’t tell the customer about their right to cancel, they can cancel at any time in the next 12 months. If you tell them about the right to cancel during these 12 months, they have 14 days to cancel from when you told them.

After an order is placed

You must:

• provide a copy of the contract on paper, by email or another format the customer can save for future reference
• provide the copy of the contract no later than when the goods are delivered
• deliver the goods within 30 days, unless you’ve agreed otherwise with the customer

Reasonable costs for using a service.....if they are using the car.... 

1 hour ago, beenaroundtheblock said:

You cannot get anybody to just sign away their rights. 

Distance selling regulations ended in 2014, it's the consumer contract regulations now.

2013 wasn't it but, even the gov site refers to it as distance selling, clear as mud

Edited January 6, 2021 by Frank Cannon