Am I Stuffed?

[jay93]

Month from build to driveway sounds alright i guess just general impatience especially after running around in my mums 100hp ecoboost which isnt half bad compared to my 12 year old 1.2 clio

[Phil 87]

Mine was built 8th April, drove away 30th April so just over 3 weeks, not bad :)

[The Dark Knight]

I've noticed this post too late by the looks of it but from my very particular set of skills acquired over the last few years of studying law, yes the obvious thing to think of its Distance Selling Regulations but also remember S.4 of the Unfair Contract Terms Act 1977:

Unreasonable indemnity clauses.

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

(2) This section applies whether the liability in question—

(a) is directly that of the person to be indemnified or is incurred by him vicariously,

B: is to the person dealing as consumer or to someone else.

The “reasonableness” test.

(1) In determining for the purposes of this Part of this Act whether it was fair and reasonable to incorporate a term in a contract, regard shall be had only to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties to the contract at the time the contract was made.

(4) The onus of proving that it was fair and reasonable to incorporate a term in a contract or that it is fair and reasonable to allow reliance on a provision of a notice shall lie on the party so contending.

In a nutshell, you would tell them their contract term is an unfair one and if they wanted to challenge it, they would need to pursue you and prove to the court that it was fair and that they can rely on it. The reality is it would cost them a lot more to pursue you so they would not see it through.

[jay93]

Dark knight jjst saw this sorry for the late reply! Your advice is very helpful and I think i understood most of it, at the moment im gunna give them some more time but its good to know ive got that in my back pocket if they screw me around any more