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The Financial Conduct Authority (FCA) announced on 11 January 2024 that a review will be conducted in the vehicle finance market regarding Discretionary Commissions. We want to inform our customers that Anglo Scottish Asset Finance acts as a broker, not a lender, and if you believe you have been impacted by this issue, please contact your car finance lender. For further information, please click here

The Financial Conduct Authority (FCA) announced on 11 January 2024 that a review will be conducted

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Empowering Consumers: Your Guide to Withdrawal Rights in Car Finance

01st August 2024

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Discover how to navigate the complexities of withdrawal rights in car finance, ensuring you make informed decisions without the stress.

Understanding Your Withdrawal Rights in Car Finance

Navigating the waters of car finance can be complex, but understanding your withdrawal rights is crucial for a transparent and fair purchasing experience. Withdrawal rights, often referred to as ‘cooling-off periods’, allow consumers to cancel a finance agreement within a specified timeframe without facing financial penalties, as allowed under the Consumer Credit Act 1974. This legal safeguard is designed to give you time to reconsider your decision and ensure that the vehicle and finance terms align with your needs and expectations.

In the context of car finance, withdrawal rights can vary depending on the specific terms of the agreement. In the UK consumers have the right to withdraw from their purchase of physical goods within a period of time, usually 14 days from receipt of delivery, and to return their purchase in exchange for a refund. It is essential for consumers to review the contract carefully and understand the timeframe within which the right can be exercised, as well as any conditions or obligations that may apply.

The right of withdrawal specifically relates to the credit agreement and does not terminate any associated contract for the provision of goods or services (in this case a vehicle) financed by the credit. If you withdraw from the credit agreement, you will still need to find an alternative means to pay for the goods (vehicle), this could mean sourcing an alternative vehicle finance agreement.

What is section 66a of the CCA?

Several legislations offer consumers the right of withdraw or cancel based on how the agreement is made, like face-to-face, distance, or doorstep selling, and the agreement’s nature. The right to withdraw from most credit agreements is derived from the CCA, specifically Section 66A, allowing customers to retract from regulated credit agreements within 14 days of execution. The 14-day period commences the day after the agreement is signed by both parties or when the consumer receives an executed agreement copy or confirmation. Withdrawal notice can be given in any form, and if withdrawn, the consumer must repay the credit and accrued interest within 30 days. However, withdrawing from the finance agreement does not cancel the vehicle purchase contract, which must be paid using other means. Exceptions to this right include agreements exceeding £60,260, those secured on land, restricted credit agreements for land purchase financing, and bridging loans for land acquisition.

Steps to Exercise Your Withdrawal Right

Exercising your withdrawal rights in car finance is a process that requires timely and appropriate action. The first step is to familiarise yourself with the terms of the contract, paying special attention to the period during which you can withdraw. Once you’ve decided to proceed with the withdrawal, it’s important to notify the finance provider in writing, stating your intention to cancel the agreement. Make sure to keep a copy of this communication for your records.

Common Pitfalls to Avoid When Withdrawing from a Car Finance Agreement

While withdrawal rights offer a layer of protection, there are common pitfalls that can complicate the process. One such pitfall is missing the withdrawal deadline, which can lead to the forfeiture of your right to cancel the agreement. Another issue is the failure to properly maintain the condition of the vehicle, as any damage beyond normal wear can incur additional charges.

Additionally, not thoroughly reading the finance agreement before signing can leave you unaware of specific terms that might restrict your withdrawal rights in car finance. It’s also essential to ensure that all communication regarding the withdrawal is documented and that you follow all the procedures as stipulated by the finance provider.

How Withdrawal Rights Protect You in Car Finance

Withdrawal rights in car finance serve as a consumer protection mechanism, providing a layer of security when entering a car finance agreement. These rights allow you to step back and assess the financial commitment without immediate pressure, ensuring the decision is in your best interest.

The protection afforded by withdrawal rights also encourages transparency and fairness from finance providers. Knowing that consumers can withdraw gives providers a strong incentive to offer fair terms and full disclosure of the agreement’s details. This ultimately fosters a more trustworthy and consumer-friendly marketplace.

Real-Life Scenarios: Withdrawal Rights in Action

Real-life scenarios highlight the practical application and benefits of withdrawal rights. For instance, consider a buyer who enters into a finance agreement but soon discovers a more favourable interest rate elsewhere. Exercising the withdrawal right allows this buyer to cancel the original agreement, secure the better deal, keep the vehicle, and keep any additional “perks” that may have been promised by a dealer to secure the original finance agreement.

Another scenario might involve a consumer who, upon reflection, realizes that the monthly payments are too burdensome. Within the cooling-off period, this consumer can withdraw from the agreement without facing early termination fees, thus preventing potential financial strain. In this instance, the consumer would still have to pay the balance or come to an agreement with the dealership to return the vehicle.

 

If you have purchased a vehicle recently and would like to discuss your finance options, please contact a member of our team.


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