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Reply-To: "Reply To" <Jacob.McKeough@listers.co.uk>
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To: <bob@sarahharvey.com>
Subject: Listers Group Status Disclosure
Date: Fri, 2 Feb 2024 16:30:25 -0000
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Dear Mr Home
Thank you for your time today at Listers Volkswagen Commercial Vehicles
Coventry.
Listers have always believed in treating customers fairly and being open and
honest.
I have the pleasure of enclosing our Status Disclosure Document below which
details our regulated status, disclosures and the services we offer. Please
read all the information within the document carefully.
If you have any questions please do not hesitate to contact me by email at
Jacob.McKeough@listers.co.uk or by telephone on 02476 644747.
Kind regards
Jacob McKeough
<https://listers.co.uk/fca>
_____
Listers Group Limited and Falcon of Hull & Lincolnshire Limited Status
Disclosure
The Financial Conduct Authority is the independent watchdog that regulates
financial services. All the finance and insurance products are optional.
We are required to provide status disclosure documents to consumers who are
considering buying certain financial products. It is therefore important
that you read this document. It explains the service you are being offered
in relation to finance and insurance. Please use this information to decide
if our services are right for you.
* Regulated Status
* Insurance Products
* Finance Products
* Commission Disclosure
* Customer Support
* How we use your data
* Complaints Procedure
* Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013
REGULATED STATUS
Listers Group Limited is authorised and regulated by the Financial Conduct
Authority for credit related regulated activities and insurance distribution
activities. The FCA Register number is 311543. Falcon of Hull and
Lincolnshire Limited, FCA Register Number 403914 is an Appointed
Representative of the Listers Group Limited, who is authorised and regulated
by the Financial Conduct Authority. You can check the above information on
the FCA Register by visiting the FCA's website at
https://register.fca.org.uk or by contacting the FCA contact centre on 0800
111678 (freephone) or 0300 500 8082.
INSURANCE PRODUCTS
Listers Group Limited and Falcon of Hull and Lincolnshire Limited do not
carry out insurance distribution activities for our customers. We will
provide you with details for you to contact the provider only. You should
discuss your needs and eligibility for the product directly with them.
* Free Drive Away Motor Insurance & Manufacturer Extended Warranty (where
available) - we will provide details for you to contact the provider only.
You should discuss your needs and eligibility for this product directly with
them. We do not receive any commission. In the event you purchase an annual
policy direct from the Insurer, they may pay us a commission (either a flat
fee or a percentage of the annual insurance premium).
FINANCE PRODUCTS
Listers Group and its Appointed Representatives are Credit Brokers and not
Credit Lenders. We are not independent as we have contractual relationships
with a limited number of lenders. Our approach is to introduce you, in the
first instance, to the relevant dealership manufacturer supporting finance
company. If they are not able to make you a finance offer, where we are
permitted to do so, we will submit a proposal to one of our independent
finance providers. We do choose from a panel of lenders but do not conduct a
market appraisal. Please contact us for a list of our finance providers.
In the event that none of our lenders are unable to provide credit, we will
refer you to a broker to attempt to source credit for you. Note, however,
the available terms from this broker may well be inferior to the two lenders
we initially introduced to you.
We do not act on the lenders behalf when making our introduction. We offer a
non-advised service. We cannot advise or provide any recommendation. We will
provide you with sufficient information on the lender’s financial products,
but it is for you to decide whether the finance product you choose is right
for you. The decision as to whether to enter into any credit agreement on
the terms offered is yours.
Volvo & Mercedes Benz New Vehicle Sales
We do not act on the lenders behalf with regard to new Volvo vehicle sales
and we do not receive any commission.
When arranging funding for the purchase of your Mercedes Benz, we act as a
credit intermediary of Mercedes- Benz Financial Services UK Limited. They
are the sole finance providers for the respective brand partner. If they are
unable to make you an offer of finance, we will not be able to offer an
alternative introduction to another lender. In this event, please speak with
our sales team to discuss alternative options available.
COMMISSION DISCLOSURE
We will receive a commission from the lenders we work with (either a fixed
fee or a fixed percentage of the amount you borrow). The lenders we work
with could pay commission at different rates. Some lenders may also provide
preferential rates to us for the funding of our vehicle stock and also
provide financial support for our training and marketing. For your
reassurance, the amount of commission we receive from a lender does not have
an effect on the amount that you pay to that lender under your credit
agreement.
Commission arrangements with our lenders have been negotiated and agreed in
advance and set by the Lender. We do not have any discretion to negotiate or
adjust your interest rate, APR or any other item included in the total
charge for credit. The interest rate and/or APR offered to you may vary
according to the age of the vehicle you purchase and/or the amount you
borrow.
Consumer Hire Agreements
The commission we receive maybe pre-set but can vary and may impact the
amount you pay.
Your Right to Request Commission Amount
If you are an individual, sole trader or small partnership and we are
arranging a credit agreement or a consumer hire agreement for you which is
regulated under the Consumer Credit Act 1974, you have a right to ask us to
disclose the income that we will receive for arranging finance for you.
If you would like us to disclose any potential commission prior to you
entering into the agreement, please make your request to
<mailto:commissiondisclosurerequests@listers.co.uk>
commissiondisclosurerequests@listers.co.uk. We do not charge you a fee for
any of the financial services we provide.
CUSTOMER SUPPORT
We know as a customer, you may require additional assistance during hard
times, which could be due to illness, resilience, capabilities, or life
events. This is why we’ve put measures in place at every dealership to
ensure we meet each customer's specific needs. In order for us to give you
the right level of support throughout your vehicle purchase and credit
application, please inform us if there anything we need to take into account
that may affect your ability to fully understand the options available, your
chosen credit agreement and your application.
You can find more information at <http://www.listers.co.uk/finance/support>
www.listers.co.uk/finance/support or you can contact us on 01789 403858 or
email us at <mailto:customersupport@listers.co.uk>
customersupport@listers.co.uk
USE OF YOUR DATA
By making an application for credit you give permission to share your
personal information with one or more lenders for the purpose of applying
for credit on your behalf. The applications may be consecutive and will only
take place if suitable terms cannot be achieved from previous applications.
In applying you confirm that:
* The information supplied on the credit proposal is true and You agree that
in the event that any false information has been given or an untrue
statement made which the finance company relied on, they have the right to
terminate the agreement.
* You authorise the lenders to make a credit search with one or more credit
reference agencies, which will be recorded by those
* The lender may carry out more than one
* You are aware that credit scoring may have been used in the decision
making
* You agree that the lenders can, at any time, disclose details about the
application, agreement and the conduct of the account to a licensed credit
agency or introducing Dealer/Broker for the purposes of:
* Fraud
* Crime prevention
* Tracing customers
* any other legitimate purpose
* You acknowledge that the lenders may refuse to enter into an agreement
without stating a reason
* You acknowledge that if you take out a credit or hire product, the lender
may also make periodic searches at CRAs to manage your account and will
exchange information about you with CRAs on an ongoing basis, including
about your settled accounts and any debts not fully repaid on time.
Please note, should you choose not to take up the credit or hire agreement
when your application is first submitted to the finance company, they will
perform an additional credit search for any subsequent applications for
finance thereafter. This will be necessary in the event the subsequent
application(s) differ to the initial application (i.e. varying product
details, finance term, etc.) and/ or where the initial application is being
re- submitted 90 days (or more) later.
WHAT TO DO IF YOU HAVE A COMPLAINT?
At Listers we are committed to providing a first-class service. Even with
the best of intentions, we know things can go wrong. So, if for any reason
you are not entirely satisfied, please let us know as soon as possible. We’ll
investigate the situation and where necessary, set about putting things
right as quickly as possible. We may also take steps to avoid similar
problems happening in the future. Your views are important and your feedback
is key to improving the products and services. In the first instance, please
contact the Brand Manager at your dealership.
If unavailable then telephone 01789 403800 or email us at
<mailto:complaints@listers.co.uk> complaints@listers.co.uk or in writing to
the Group Finance & Insurance Compliance Manager, Listers Group Limited,
Othello House, Stratford Business & Technology Park, Banbury Road,
Stratford-upon- Avon CV37 7GY.
We will endeavour to resolve your complaint within 3 working days; if we are
unable to achieve this to your satisfaction, we will notify you in writing
and then follow our internal complaints procedure. In both instances, if you
are not entirely satisfied with the decision, you may be entitled to refer
it to the Financial Ombudsman Service (FOS).
<https://www.financial-ombudsman.org.uk/> www.financial-ombudsman.org.uk.
The Financial Ombudsman will only consider your complaint if you have
followed our complaints procedure. A full copy of our complaints procedure
is available upon request.
Alternatively go to <http://www.listers.co.uk/complaints-procedure>
www.listers.co.uk/complaints-procedure.
_____
CONSUMER CONTRACTS (Information, Cancellation and Additional Charges)
REGULATIONS 2013
Who do these regulations apply to?
These regulations only apply to consumers; this includes sole
traders/self-employed as long as the vehicle being purchased is solely or
predominantly for personal use.
There are a number of ways you can buy a car from Listers: you may visit a
showroom, make a telephone order or make an email order. The method of
purchase you choose determines the type of contract that is formed between
you and Listers. There are 3 types of contracts as defined by the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations
2013 (“the Regulations”).
These regulations do not apply where the Goods are bespoke and were ordered
to the consumer’s specification. Returns in these circumstances are not
accepted.
The acquiring of the Goods by the consumer will form one of the following
types of contract:
* Where the consumer acquires the Goods, by completion of the Order, in
person from a representative of the Seller at the Seller’s business
premises, the acquisition is referred to as an “On-Premises contract”.
* Where the consumer is addressed in person by a representative of the
Seller other than at the Seller’s business premises, and acquires the Goods,
by completion of the Order, other than at the Seller’s business premises,
the acquisition is referred to as an “Off-Premises contract”.
* Where the consumer acquires the Goods without ever dealing in person with
the Seller’s representative, the acquisition is referred to as a “Distance
contract”.
The type of contract entered into has important implications for the right
of the consumer. If the consumer has any doubt over which of the above
contracts they are entering into, they should contact a member of the Seller’s
vehicle sales management team.
If the consumer acquires the Goods by way of an Off-Premises contract or
Distance contract, and decides that the Goods are not suitable, the consumer
has 14 days from receipt of the Goods to notify the Seller of their decision
to cancel the Contract.
Notice of cancellation of the Contract must be in writing, either by letter
sent by pre-paid post to the address stated on the Order or emailed to
<mailto:returns@listers.co.uk> returns@listers.co.uk or such other address
as notified in writing by the Seller to the consumer. Alternatively, a
cancellation form is provided at point of order and is also available on the
Seller’s website. The consumer is not obliged to use this cancellation form,
but the consumer must ensure that full details of the Order are provided in
the written notice of cancellation. Upon notification, the consumer must
immediately cease use of the Goods. The consumer must take reasonable care
of the Goods and is responsible for any loss or damage from the time at
which the Goods are delivered to the consumer until the Goods are returned
to the Seller. In addition, the Goods must remain fully insured by the
consumer until such time as they have been physically returned to, or
collected by, the Seller.
Return of the Goods is the consumer’s responsibility, unless the Goods were
delivered to the consumer under an Off-Premises contract, or the Seller has
offered to collect the Goods. The Seller may agree to provide a courier to
collect the Goods, but this is at the Seller’s discretion, and the consumer
will be required to pay for the service in advance (unless agreed
otherwise).
The Goods must be returned to the Seller within 14 days of the date of
cancellation, to the address detailed in the Order, in order for the
cancellation to be effective. Once the Goods have been returned to the
Seller, within the specified period, the Seller will process the refund
within 14 days, using the same payment method as the original transaction
(unless agreed otherwise). If the consumer has handled the Goods beyond what
is necessary to establish the nature, characteristics and functioning of the
Goods including driving more than 200 miles in the Goods, the Seller is
entitled to make a charge for any resulting diminishment in value and/or
make a deduction for excess usage at a rate of 25p per mile which will be
deducted from the refund amount (unless agreed otherwise).
If the consumer enters into a Consumer Credit Agreement (CCA) on the Seller’s
business premises the consumer’s rights as defined by the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 are
forfeited. The consumer may be entitled to withdraw from the CCA within 14
days beginning the day after the day on which the agreement is made. This
right applies only to the CCA, not the Contract with the Seller, which means
that the consumer remains liable to purchase the Goods and will have to find
other ways to pay for the Goods. For full details, please refer to the terms
and conditions within the CCA.
For the avoidance of doubt, this document simply confirms your rights under
the Regulations and the intent of this document is simply to inform you of
your rights under the Regulations and this document does not create any
additional obligations upon Listers to those already contained in the
Regulations.
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<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;"><img =
src=3D"https://s3-euw2-emax-eml-dealer-logo-prod.s3.amazonaws.com/DealerL=
ogo/8c758bf4-d9e4-4acc-b7a6-a8c30130d18c.jpg" width=3D"100" alt=3D"Logo" =
title=3D"LogoImage" /></span></p>
<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;">Dear Mr Home</span></p>
<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;">Thank you for your time today at Listers Volkswagen =
Commercial Vehicles Coventry.</span></p>
<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;">Listers have always believed in treating customers fairly and =
being open and honest.</span></p>
<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;">I have the pleasure of enclosing our Status Disclosure Document =
below which details our regulated status, disclosures and the services =
we offer. Please read all the information within the document =
carefully.</span></p>
<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;">If you have any questions please do not hesitate to contact me by =
email at Jacob.McKeough@listers.co.uk or by telephone on 02476 =
644747.</span></p>
<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;">Kind regards</span></p>
<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;"> Jacob McKeough</span></p>
<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
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<p><span style=3D"font-family: arial, helvetica, sans-serif; font-size: =
10pt;"> </span></p>
<hr />
<p><strong>Listers Group Limited and Falcon of Hull & Lincolnshire =
Limited Status Disclosure</strong></p>
<p>The Financial Conduct Authority is the independent watchdog that =
regulates financial services. All the finance and insurance products are =
optional.</p>
<p>We are required to provide status disclosure documents to consumers =
who are considering buying certain financial products. It is therefore =
important that you read this document. It explains the service you are =
being offered in relation to finance and insurance. Please use this =
information to decide if our services are right for you.</p>
<ul>
<li>Regulated Status</li>
<li>Insurance Products</li>
<li>Finance Products</li>
<li>Commission Disclosure</li>
<li>Customer Support</li>
<li>How we use your data</li>
<li>Complaints Procedure</li>
<li>Consumer Contracts (Information, Cancellation and Additional =
Charges) Regulations 2013</li>
</ul>
<p><strong>REGULATED STATUS</strong></p>
<p>Listers Group Limited is authorised and regulated by the Financial =
Conduct Authority for credit related regulated activities and insurance =
distribution activities. The FCA Register number is 311543. Falcon of =
Hull and Lincolnshire Limited, FCA Register Number 403914 is an =
Appointed Representative of the Listers Group Limited, who is authorised =
and regulated by the Financial Conduct Authority. You can check the =
above information on the FCA Register by visiting the FCA's website at =
https://register.fca.org.uk or by contacting the FCA contact centre on =
0800 111678 (freephone) or 0300 500 8082.</p>
<p><strong>INSURANCE PRODUCTS</strong></p>
<p>Listers Group Limited and Falcon of Hull and Lincolnshire Limited do =
not carry out insurance distribution activities for our customers. We =
will provide you with details for you to contact the provider only. You =
should discuss your needs and eligibility for the product directly with =
them.</p>
<ul>
<li>Free Drive Away Motor Insurance & Manufacturer Extended Warranty =
<em>(where available) </em>- we will provide details for you to contact =
the provider only. You should discuss your needs and eligibility for =
this product directly with them. We do not receive any commission. In =
the event you purchase an annual policy direct from the Insurer, they =
may pay us a commission (either a flat fee or a percentage of the annual =
insurance premium).</li>
</ul>
<p><strong>FINANCE PRODUCTS</strong></p>
<p>Listers Group and its Appointed Representatives are Credit Brokers =
and not Credit Lenders. We are not independent as we have contractual =
relationships with a limited number of lenders. Our approach is to =
introduce you, in the first instance, to the relevant dealership =
manufacturer supporting finance company. If they are not able to make =
you a finance offer, where we are permitted to do so, we will submit a =
proposal to one of our independent finance providers. We do choose from =
a panel of lenders but do not conduct a market appraisal. Please contact =
us for a list of our finance providers.</p>
<p>In the event that none of our lenders are unable to provide credit, =
we will refer you to a broker to attempt to source credit for you. Note, =
however, the available terms from this broker may well be inferior to =
the two lenders we initially introduced to you.</p>
<p>We do not act on the lenders behalf when making our introduction. We =
offer a non-advised service. We cannot advise or provide any =
recommendation. We will provide you with sufficient information on the =
lender’s financial products, but it is for you to decide whether =
the finance product you choose is right for you. The decision as to =
whether to enter into any credit agreement on the terms offered is =
yours.</p>
<p>Volvo & Mercedes Benz New Vehicle Sales</p>
<p>We do not act on the lenders behalf with regard to new Volvo vehicle =
sales and we do not receive any commission.</p>
<p>When arranging funding for the purchase of your Mercedes Benz, we act =
as a credit intermediary of Mercedes- Benz Financial Services UK =
Limited. They are the sole finance providers for the respective brand =
partner. If they are unable to make you an offer of finance, we will not =
be able to offer an alternative introduction to another lender. In this =
event, please speak with our sales team to discuss alternative options =
available.</p>
<p><strong>COMMISSION DISCLOSURE</strong></p>
<p>We will receive a commission from the lenders we work with (either a =
fixed fee or a fixed percentage of the amount you borrow). The lenders =
we work with could pay commission at different rates. Some lenders may =
also provide preferential rates to us for the funding of our vehicle =
stock and also provide financial support for our training and marketing. =
For your reassurance, the amount of commission we receive from a lender =
does not have an effect on the amount that you pay to that lender under =
your credit agreement.</p>
<p>Commission arrangements with our lenders have been negotiated and =
agreed in advance and set by the Lender. We do not have any discretion =
to negotiate or adjust your interest rate, APR or any other item =
included in the total charge for credit. The interest rate and/or APR =
offered to you may vary according to the age of the vehicle you purchase =
and/or the amount you borrow.</p>
<p>Consumer Hire Agreements</p>
<p>The commission we receive maybe pre-set but can vary and may impact =
the amount you pay.</p>
<p>Your Right to Request Commission Amount</p>
<p>If you are an individual, sole trader or small partnership and we are =
arranging a credit agreement or a consumer hire agreement for you which =
is regulated under the Consumer Credit Act 1974, you have a right to ask =
us to disclose the income that we will receive for arranging finance for =
you.</p>
<p>If you would like us to disclose any potential commission prior to =
you entering into the agreement, please make your request to <a =
href=3D"mailto:commissiondisclosurerequests@listers.co.uk"><em>commission=
disclosurerequests@listers.co.uk</em>.</a> We do not charge you a fee =
for any of the financial services we provide.</p>
<p><strong>CUSTOMER SUPPORT</strong></p>
<p>We know as a customer, you may require additional assistance during =
hard times, which could be due to illness, resilience, capabilities, or =
life events. This is why we’ve put measures in place at every =
dealership to ensure we meet each customer's specific needs. In order =
for us to give you the right level of support throughout your vehicle =
purchase and credit application, please inform us if there anything we =
need to take into account that may affect your ability to fully =
understand the options available, your chosen credit agreement and your =
application.</p>
<p>You can find more information at <a =
href=3D"http://www.listers.co.uk/finance/support"><em>www.listers.co.uk/f=
inance/support</em></a><em> </em>or you can contact us on 01789 403858 =
or email us at <a =
href=3D"mailto:customersupport@listers.co.uk"><em>customersupport@listers=
.co.uk</em></a></p>
<p><strong><em> </em>USE OF YOUR DATA</strong></p>
<p>By making an application for credit you give permission to share your =
personal information with one or more lenders for the purpose of =
applying for credit on your behalf. The applications may be consecutive =
and will only take place if suitable terms cannot be achieved from =
previous applications. In applying you confirm that:</p>
<ul>
<li>The information supplied on the credit proposal is true and You =
agree that in the event that any false information has been given or an =
untrue statement made which the finance company relied on, they have the =
right to terminate the agreement.</li>
<li>You authorise the lenders to make a credit search with one or more =
credit reference agencies, which will be recorded by those</li>
<li>The lender may carry out more than one</li>
<li>You are aware that credit scoring may have been used in the decision =
making</li>
<li>You agree that the lenders can, at any time, disclose details about =
the application, agreement and the conduct of the account to a licensed =
credit agency or introducing Dealer/Broker for the purposes of:
<ul>
<li>Fraud</li>
<li>Crime prevention</li>
<li>Tracing customers</li>
<li>any other legitimate purpose</li>
</ul>
</li>
<li>You acknowledge that the lenders may refuse to enter into an =
agreement without stating a reason</li>
<li>You acknowledge that if you take out a credit or hire product, the =
lender may also make periodic searches at CRAs to manage your account =
and will exchange information about you with CRAs on an ongoing basis, =
including about your settled accounts and any debts not fully repaid on =
time.</li>
</ul>
<p>Please note, should you choose not to take up the credit or hire =
agreement when your application is first submitted to the finance =
company, they will perform an additional credit search for any =
subsequent applications for finance thereafter. This will be necessary =
in the event the subsequent application(s) differ to the initial =
application (i.e. varying product details, finance term, etc.) and/ or =
where the initial application is being re- submitted 90 days (or more) =
later.</p>
<p><strong>WHAT TO DO IF YOU HAVE A COMPLAINT?</strong></p>
<p>At Listers we are committed to providing a first-class service. Even =
with the best of intentions, we know things can go wrong. So, if for any =
reason you are not entirely satisfied, please let us know as soon as =
possible. We’ll investigate the situation and where necessary, set =
about putting things right as quickly as possible. We may also take =
steps to avoid similar problems happening in the future. Your views are =
important and your feedback is key to improving the products and =
services. In the first instance, please contact the Brand Manager at =
your dealership.</p>
<p>If unavailable then telephone 01789 403800 or email us at <a =
href=3D"mailto:complaints@listers.co.uk"><em>complaints@listers.co.uk</em=
></a><em> </em>or in writing to the Group Finance & Insurance =
Compliance Manager, Listers Group Limited, Othello House, Stratford =
Business & Technology Park, Banbury Road, Stratford-upon- Avon CV37 =
7GY.</p>
<p>We will endeavour to resolve your complaint within 3 working days; if =
we are unable to achieve this to your satisfaction, we will notify you =
in writing and then follow our internal complaints procedure. In both =
instances, if you are not entirely satisfied with the decision, you may =
be entitled to refer it to the Financial Ombudsman Service (FOS). <a =
href=3D"https://www.financial-ombudsman.org.uk/"><em>www.financial-ombuds=
man.org.uk</em></a>.</p>
<p>The Financial Ombudsman will only consider your complaint if you have =
followed our complaints procedure. A full copy of our complaints =
procedure is available upon request.</p>
<p>Alternatively go to <a =
href=3D"http://www.listers.co.uk/complaints-procedure"><em>www.listers.co=
.uk/complaints-procedure.</em></a></p>
<hr />
<p><strong>CONSUMER CONTRACTS (Information, Cancellation and Additional =
Charges) REGULATIONS 2013</strong></p>
<p>Who do these regulations apply to?</p>
<p>These regulations only apply to consumers; this includes sole =
traders/self-employed as long as the vehicle being purchased is solely =
or predominantly for personal use.</p>
<p>There are a number of ways you can buy a car from Listers: you may =
visit a showroom, make a telephone order or make an email order. The =
method of purchase you choose determines the type of contract that is =
formed between you and Listers. There are 3 types of contracts as =
defined by the Consumer Contracts (Information, Cancellation and =
Additional Charges) Regulations 2013 (“the =
Regulations”).</p>
<p>These regulations do not apply where the Goods are bespoke and were =
ordered to the consumer’s specification. Returns in these =
circumstances are not accepted.</p>
<p>The acquiring of the Goods by the consumer will form one of the =
following types of contract:</p>
<ul>
<li>Where the consumer acquires the Goods, by completion of the Order, =
in person from a representative of the Seller at the Seller’s =
business premises, the acquisition is referred to as an =
“On-Premises contract”.</li>
<li>Where the consumer is addressed in person by a representative of the =
Seller other than at the Seller’s business premises, and acquires =
the Goods, by completion of the Order, other than at the Seller’s =
business premises, the acquisition is referred to as an =
“Off-Premises contract”.</li>
<li>Where the consumer acquires the Goods without ever dealing in person =
with the Seller’s representative, the acquisition is referred to =
as a “Distance contract”.</li>
</ul>
<p>The type of contract entered into has important implications for the =
right of the consumer. If the consumer has any doubt over which of the =
above contracts they are entering into, they should contact a member of =
the Seller’s vehicle sales management team.</p>
<p>If the consumer acquires the Goods by way of an Off-Premises contract =
or Distance contract, and decides that the Goods are not suitable, the =
consumer has 14 days from receipt of the Goods to notify the Seller of =
their decision to cancel the Contract.</p>
<p>Notice of cancellation of the Contract must be in writing, either by =
letter sent by pre-paid post to the address stated on the Order or =
emailed to <a =
href=3D"mailto:returns@listers.co.uk"><em>returns@listers.co.uk</em></a><=
em> </em>or such other address as notified in writing by the Seller to =
the consumer. Alternatively, a cancellation form is provided at point of =
order and is also available on the Seller’s website. The consumer =
is not obliged to use this cancellation form, but the consumer must =
ensure that full details of the Order are provided in the written notice =
of cancellation. Upon notification, the consumer must immediately cease =
use of the Goods. The consumer must take reasonable care of the Goods =
and is responsible for any loss or damage from the time at which the =
Goods are delivered to the consumer until the Goods are returned to the =
Seller. In addition, the Goods must remain fully insured by the consumer =
until such time as they have been physically returned to, or collected =
by, the Seller.</p>
<p>Return of the Goods is the consumer’s responsibility, unless =
the Goods were delivered to the consumer under an Off-Premises contract, =
or the Seller has offered to collect the Goods. The Seller may agree to =
provide a courier to collect the Goods, but this is at the =
Seller’s discretion, and the consumer will be required to pay for =
the service in advance (unless agreed otherwise).</p>
<p>The Goods must be returned to the Seller within 14 days of the date =
of cancellation, to the address detailed in the Order, in order for the =
cancellation to be effective. Once the Goods have been returned to the =
Seller, within the specified period, the Seller will process the refund =
within 14 days, using the same payment method as the original =
transaction (unless agreed otherwise). If the consumer has handled the =
Goods beyond what is necessary to establish the nature, characteristics =
and functioning of the Goods including driving more than 200 miles in =
the Goods, the Seller is entitled to make a charge for any resulting =
diminishment in value and/or make a deduction for excess usage at a rate =
of 25p per mile which will be deducted from the refund amount (unless =
agreed otherwise).</p>
<p>If the consumer enters into a Consumer Credit Agreement (CCA) on the =
Seller’s business premises the consumer’s rights as defined =
by the Consumer Contracts (Information, Cancellation and Additional =
Charges) Regulations 2013 are forfeited. The consumer may be entitled to =
withdraw from the CCA within 14 days beginning the day after the day on =
which the agreement is made. This right applies only to the CCA, not the =
Contract with the Seller, which means that the consumer remains liable =
to purchase the Goods and will have to find other ways to pay for the =
Goods. For full details, please refer to the terms and conditions within =
the CCA.</p>
<p>For the avoidance of doubt, this document simply confirms your rights =
under the Regulations and the intent of this document is simply to =
inform you of your rights under the Regulations and this document does =
not create any additional obligations upon Listers to those already =
contained in the Regulations.</p>
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