Consumer Contracts Regulations

[shoes]

Could anyone please tell me whether the above legislation would trump the terms and conditions imposed by a vendor which one agrees to when making a purchase?

The situation is that on 29/01/15 I purchased a track day ticket and part of the T&Cs is a cancellation policy. Sadly my car has suffered yet another catastrophic failure which I do not intend to repair (the car is off to the metaphoric glue factory).

The current T&Cs indicate that I will only get 50% of my money back, and in the form of a credit rather than as cash. Would the distance selling regs (now the Consumer Contracts Regulations) trump this or have I lost my £130?

 

[Gramaisc]

Page 18 might suggest that you could have a leg available for standing on - https://www.gov.uk/government/uploa...-additional-payments-regulations-guidance.pdf - try it and see if you fall over...

 

[That-Crazy-Rat-Lady]

I am under the impression that distance selling regs you only have 7 working days to claim your refund?

 

[Gramaisc]

I am under the impression that distance selling regs you only have 7 working days to claim your refund?

Page 18 says 14 days.

 

[shoes]

Its definitely 14 days. My question relates more to which trumps which - statutory rights or vendor T&C.

Cheers for the link G, I think that'll give me some ammo to fire back at them.

 

[That-Crazy-Rat-Lady]

Does signing to say you agree to their T&C's waive your statutory rights?

Does it say somewhere 'This does not affect your statutory rights' ??

In which case surely your onto a winner?

 

[tek-monkey]

Pretty sure vendor T&Cs are irrelevant if they contravene statutory rights?

 

[Gramaisc]

Does signing to say you agree to their T&C's waive your statutory rights?

If they say that, they can wave goodbye to their waiver.....

 

[shoes]

Aye, I'm not sure, I will need to study them in detail to ascertain that.

 

[shoes]

This is what I agreed to at the time of booking.

Alterations and Cancellations



UK Events



All refunds given are at our sole discretion. Our standard cancellation policy is to credit your OpenTrack Events Limited account with the appropriate sum based on the formula set out below.



You may cancel your contract at any time prior to the commencement of the Event by giving us advanced written notice at the address listed to above, PROVIDED THAT we shall be entitled to deduct from any money previously paid by you, sums based on the following scale:



30 days or more prior 10% of full cost

15-29 days prior 25% of full cost

7-14 days prior 50% of full cost

Less than 7 days prior 100% of full cost

No show 100% of full cost



If you make any alteration or amendment to your booking after the date on which the balance is due, we will charge an administration fee of £25. In addition, you may also be charged (where appropriate) a sum equivalent to any unrecoverable costs incurred by us arising from your further alteration or amendment.



Please note that any booking made via a third party site (all sites other than openTrack.co.uk) will also be liable to a extra 15% deduction in the amount returned.

 

[That-Crazy-Rat-Lady]

All refunds given are at our sole discretion.

To me that reads 'depends how much fuss you kick up'

 

[Gramaisc]

7-14 days prior 50% of full cost

Less than 7 days prior 100% of full cost

These would appear, to a layman, to be contrary to the law in your circumstances - I suggest you obtain competent advice - CAB?

 

[shoes]

It would appear so, G. I would agree that this looks like a "how much fuss you kick up" kind of affair.

They'll get one (recorded) phone call and then a letter from Mark Redler.

feck about, I do not.

 

[shoes]

This may thwart it though...

But there are some contracts you can’t cancel simply because you change your mind, including:

• contracts for transport and some leisure services to be provided on a specific date eg hotel bookings, flights, car hire, concert and other event tickets
• contracts for services where you agreed to the service starting before the seven working days has expired - as long as the seller has provided all the information detailed above

Source: Which

So it looks like I may be fecked, although the changing of my mind wasn't my decision

Will ring up and explain the situation and go from there.

 

[That-Crazy-Rat-Lady]

Good Luck! x

 

[shoes]

I hope i can get somewhere. Can't believe the car has let me down before a track day twice in two months.

I'm going to enjoy watching that **** get crushed.

 

[That-Crazy-Rat-Lady]

At least you had fun while it lasted!

My poor baby hasn't been on the road in 18 months!

 

[shoes]

At least you had fun while it lasted!

My poor baby hasn't been on the road in 18 months!

I've spent over 5 grand on this car and it's been a constant disappointment.

When it was a 2.8:

First trackday - engine failed and had no power all day
Second trackday - engine failed and had no power all day

4 grand later... and now a 3.2 M3 powered car....

First trackday - the rear end failed massively before the trackday and the cheap shit bush kit i bought didn't fit. Didn't go to trackday.
Second trackday - engine has eaten the oil cooler pipes. Bought new ones at great expense.. the oil filer housing they plumb into has sprung a massive leak. £100 of oil on my garage floor trying to repair it.

Another £100 spent on a new filter housing.

The car has given me nothing but disappointment and little to no joy whatsoever in the nine months I have owned it. It's off to be turned into a cube and I shall buy a good car instead.

 

[shoes]

I'm genuinely looking forward to seeing it being loaded into the machine what fecks shizzle up.

 

[That-Crazy-Rat-Lady]

I'm genuinely looking forward to seeing it being loaded into the machine what fecks shizzle up.

Oh dear....

Maybe its time to say farewell...

I once had a car called Kevin I hated - some things just aren't meant to be!