Is my order a 'distance selling' order?

[Greenie]

Hi everyone,
I need your take on whether my order qualifies as a distance sale or not, please.
I had a call from my dealer yesterday to tell me my order (Grey MG4 SE LR) is with them and ready for collection.
A few weeks ago, when it became apparent that I wouldn't be able to have a tow bar fitted that suits my needs (I don't want a removable one) I raised the question of whether they would refund my 250 quid 'non-refundable' deposit with them. They were pretty non-committal and I don't hold out much hope!
I've emailed them to tell them I'm cancelling and would like my deposit back if possible but I'm not optimistic. I also 'phoned them to tell them of my intention to cancel, prior to emailing them, but they didn't pick up.
I think they'll just ignore my emails and hope I go away.
Anyways, it occurred to me that my order may qualify as a 'distance selling' sale. Here's the salient points...

I've had two test drives of an orange trophy departing from their showroom.
They made me a written offer in the showroom which I rejected.
I emailed to them telling them what i wanted. No gap insurance, no paint protection or any 'extras' of any kind.
They 'phoned me with an offer which I then accepted.
They emailed an order proposal form with all the terms and conditions type stuff.
I called them back, paid a credit card deposit over the 'phone, electronically signed all the paperwork and emailed it back to them.
What do you reckon? Does this constitute a distance sale or do my showroom visits, test drives and initial order discussions disqualify it?
Your views would be very much appreciated.
Thanks in anticipation
Greenie

 

[Ayoull]

Hi everyone,
I need your take on whether my order qualifies as a distance sale or not, please.
I had a call from my dealer yesterday to tell me my order (Grey MG4 SE LR) is with them and ready for collection.
A few weeks ago, when it became apparent that I wouldn't be able to have a tow bar fitted that suits my needs (I don't want a removable one) I raised the question of whether they would refund my 250 quid 'non-refundable' deposit with them. They were pretty non-committal and I don't hold out much hope!
I've emailed them to tell them I'm cancelling and would like my deposit back if possible but I'm not optimistic. I also 'phoned them to tell them of my intention to cancel, prior to emailing them, but they didn't pick up.
I think they'll just ignore my emails and hope I go away.
Anyways, it occurred to me that my order may qualify as a 'distance selling' sale. Here's the salient points...

I've had two test drives of an orange trophy departing from their showroom.
They made me a written offer in the showroom which I rejected.
I emailed to them telling them what i wanted. No gap insurance, no paint protection or any 'extras' of any kind.
They 'phoned me with an offer which I then accepted.
They emailed an order proposal form with all the terms and conditions type stuff.
I called them back, paid a credit card deposit over the 'phone, electronically signed all the paperwork and emailed it back to them.
What do you reckon? Does this constitute a distance sale or do my showroom visits, test drives and initial order discussions disqualify it?
Your views would be very much appreciated.
Thanks in anticipation
Greenie

@siteguru is probably best to answer this based on past discussions

 

[Cocijo]

Hi everyone,
I need your take on whether my order qualifies as a distance sale or not, please.
I had a call from my dealer yesterday to tell me my order (Grey MG4 SE LR) is with them and ready for collection.
A few weeks ago, when it became apparent that I wouldn't be able to have a tow bar fitted that suits my needs (I don't want a removable one) I raised the question of whether they would refund my 250 quid 'non-refundable' deposit with them. They were pretty non-committal and I don't hold out much hope!
I've emailed them to tell them I'm cancelling and would like my deposit back if possible but I'm not optimistic. I also 'phoned them to tell them of my intention to cancel, prior to emailing them, but they didn't pick up.
I think they'll just ignore my emails and hope I go away.
Anyways, it occurred to me that my order may qualify as a 'distance selling' sale. Here's the salient points...

I've had two test drives of an orange trophy departing from their showroom.
They made me a written offer in the showroom which I rejected.
I emailed to them telling them what i wanted. No gap insurance, no paint protection or any 'extras' of any kind.
They 'phoned me with an offer which I then accepted.
They emailed an order proposal form with all the terms and conditions type stuff.
I called them back, paid a credit card deposit over the 'phone, electronically signed all the paperwork and emailed it back to them.
What do you reckon? Does this constitute a distance sale or do my showroom visits, test drives and initial order discussions disqualify it?
Your views would be very much appreciated.
Thanks in anticipation
Greenie

If you visit the showroom and then order it’s not a distance sale I don’t think but I’m sure you’ll get others confirm. Did you pay by credit card? You can try that route to get refunded. The dealer can sell these cars quickly so why was the deposit none refundable ? Seems unreasonable.

 

[siteguru]

As above - this is not a distance sale. A distance sale is one that is concluded entirely at a distance ... like ordering from Amazon. Even click and collect from Currys/Argos is still a distance sale, provided that you paid at point of order and merely went to the store to collect.

The fact you went to the "store" and tested the "goods" prior to ordering negates the fact that you placed the order (and paid a deposit, not the total amount) over the phone.

But as mentioned above, if you paid the deposit by CC then that may give you an avenue to explore. Section 75 makes the credit provider jointly liable with the seller for the performance of the contract. However in this case it is you who is seeking to breach the contract, so that's possibly a dead-end.

 

[miaMG]

Hi everyone,
I need your take on whether my order qualifies as a distance sale or not, please.
I had a call from my dealer yesterday to tell me my order (Grey MG4 SE LR) is with them and ready for collection.
A few weeks ago, when it became apparent that I wouldn't be able to have a tow bar fitted that suits my needs (I don't want a removable one) I raised the question of whether they would refund my 250 quid 'non-refundable' deposit with them. They were pretty non-committal and I don't hold out much hope!
I've emailed them to tell them I'm cancelling and would like my deposit back if possible but I'm not optimistic. I also 'phoned them to tell them of my intention to cancel, prior to emailing them, but they didn't pick up.
I think they'll just ignore my emails and hope I go away.
Anyways, it occurred to me that my order may qualify as a 'distance selling' sale. Here's the salient points...

I've had two test drives of an orange trophy departing from their showroom.
They made me a written offer in the showroom which I rejected.
I emailed to them telling them what i wanted. No gap insurance, no paint protection or any 'extras' of any kind.
They 'phoned me with an offer which I then accepted.
They emailed an order proposal form with all the terms and conditions type stuff.
I called them back, paid a credit card deposit over the 'phone, electronically signed all the paperwork and emailed it back to them.
What do you reckon? Does this constitute a distance sale or do my showroom visits, test drives and initial order discussions disqualify it?
Your views would be very much appreciated.
Thanks in anticipation
Greenie

Hey completely separate note it’s interesting that they wanted 250 deposit one boy at the dealership said 500 then another boy did my paperwork and said it was 1,000 deposit I questioned tht and he checked with the first boy who told him it was 500 :/

Hey completely separate note it’s interesting that they wanted 250 deposit one boy at the dealership said 500 then another boy did my paperwork and said it was 1,000 deposit I questioned tht and he checked with the first boy who told him it was 500 :/

Was your dealer and glyn hopkin

 

[Cocijo]

Hey completely separate note it’s interesting that they wanted 250 deposit one boy at the dealership said 500 then another boy did my paperwork and said it was 1,000 deposit I questioned tht and he checked with the first boy who told him it was 500 :/

MG have a recommended deposit as I understand it but it’s up to you to agree what you feel reasonable with the dealer. This has been the case in my experience not just with MG. Dealers will push for a larger deposit, but a little conversation usually reduces this to a level both are happy with. I was asked for £500 and agreed a fully refundable £250 deposit.

 

[Greenie]

As above - this is not a distance sale. A distance sale is one that is concluded entirely at a distance ... like ordering from Amazon. Even click and collect from Currys/Argos is still a distance sale, provided that you paid at point of order and merely went to the store to collect.

The fact you went to the "store" and tested the "goods" prior to ordering negates the fact that you placed the order (and paid a deposit, not the total amount) over the phone.

But as mentioned above, if you paid the deposit by CC then that may give you an avenue to explore. Section 75 makes the credit provider jointly liable with the seller for the performance of the contract. However in this case it is you who is seeking to breach the contract, so that's possibly a dead-end.

Thanks for that, siteguru.
It's not really the money that bothers me. I was only going to put a bit to it and buy a kilogramme of tomatoes and a cucumber!
What bothers me is that the requirement for a tow bar was always front and central as a required feature of the car. I think I even wrote to them with that as a requirement. I told them I'd declined a Niro e because it can't tow and my MG dealer even recommended (in writing) a tow bar fitter to me for the 4. In fact, they even (verbally) offered to have a tow bar fitted for me before delivery at an extra cost. If they won't refund my deposit, its probably a good indication that rejecting the car is the right thing to do.
Cheers and thanks for your help.
Greenie

 

[Cocijo]

Thanks for that, siteguru.
It's not really the money that bothers me. I was only going to put a bit to it and buy a kilogramme of tomatoes and a cucumber!
What bothers me is that the requirement for a tow bar was always front and central as a required feature of the car. I think I even wrote to them with that as a requirement. I told them I'd declined a Niro e because it can't tow and my MG dealer even recommended (in writing) a tow bar fitter to me for the 4. In fact, they even (verbally) offered to have a tow bar fitted for me before delivery at an extra cost. If they won't refund my deposit, its probably a good indication that rejecting the car is the right thing to do.
Cheers and thanks for your help.
Greenie

If your car does not meet the agreed requirements (towbar in this case) you might have good grounds to cancel and get your deposit back. I would certainly recommend writing to the dealer and explaining what your were told and what the car was actually capable of. If you don’t get a positive outcome I would approach the credit card company. These actions will cost you nothing and £250 though not massive should not be just dismissed and given to the dealer. Good luck.

 

[LeeP]

Was your dealer and glyn hopkin

I bought from Glyn Hopkins and had to pay £1k deposit

 

[Deleted member 10041]

Thanks for that, siteguru.
It's not really the money that bothers me. I was only going to put a bit to it and buy a kilogramme of tomatoes and a cucumber!
What bothers me is that the requirement for a tow bar was always front and central as a required feature of the car. I think I even wrote to them with that as a requirement. I told them I'd declined a Niro e because it can't tow and my MG dealer even recommended (in writing) a tow bar fitter to me for the 4. In fact, they even (verbally) offered to have a tow bar fitted for me before delivery at an extra cost. If they won't refund my deposit, its probably a good indication that rejecting the car is the right thing to do.
Cheers and thanks for your help.
Greenie

What weight are you towing

 

[Greenie]

What weight are you towing

Just a small tip-run trailer and a bike rack. A fixed tow bar, if you could get one, would obscure the fog light, which would be an MOT fail. I don't want a removable one, it's another dirty job to do/ key to lose/ knackered hip to bend.

 

[Les burrows]

Hi Greenie there is a possibility of a way around high intensity fog light is being obscured by a tow hitch and that is fit an after market one leave the one on the car where it is and fit another to the rear bumper to to the off side off the car little bit of wiring two the one that there now and you have two lights or even bank off the centre one switch some kind of plastic stuck over it and fit to accessory ones one each side.
Les

 

[tsedge]

Just a small tip-run trailer and a bike rack. A fixed tow bar, if you could get one, would obscure the fog light, which would be an MOT fail. I don't want a removable one, it's another dirty job to do/ key to lose/ knackered hip to bend.

Could you get an electric one that retracts? I know they are expensive.