Arnold Clark

[Mr Mancini]

I went to the Arnold Clark Vauxhall showroom in Stretford on 13/01/10 and eventually ended up buying a 59 plate Corsa SXI 1.4 with the sales rep for an agreed price which was authorised by his boss, signed all the paperwork and paid a deposit. The rep telephoned the next day to say that the finance had been approved and that I should get the vehicle insured so that they could obtain the road tax for me. This I did and cancelled my existing policy, only to get a call from the rep on the day of collection of the new vehicle to say that they had cocked up the price and his manager would now not allow him to sell the vehicle to me at the pre agreed price. I was told they could offer me a vehicle with a lower spec in various colours that I did not want, put some petrol in the tank and throw in some mats. Thanks but no thanks, I will seek legal advise, this I did and was advised that Arnold Clark are in breach of the "Sale of Goods Act", by Consumer Direct. After informing the Manager of the site of this, his attitude of "so take us to court then" made the matter worse, his idea of sorting the matter out was to offer me exactly the same vehicle at an extra cost of £420. What about the signed paperwork by myself and the sales rep, where it clearly states that by me signing means I am entering into a legally binding contract? The manager informs me that it only applies to me and not Arnold Clark. Legal action pending.
Again spoke to Consumer Direct who have informed me that it doesn’t matter what it says on their paperwork as a deposit was paid on the said vehicle, this therefore acts as a legally binding contract. If they still refuse to sell the car at the agreed price I should pursue them for “loss of bargain”. Again the manager, who ironically tells me that Consumer Direct don’t know what they are talking about and that they are going to cost me a lot of legal fees for a court case that I would not win.
Having spoken to several people via the internet, this seems to be something that has happened on more than one occasion, so beware if you buy a car from here, it would appear this is some sort of scam, they talk you into buying the car at a good price, you look forward to picking up your new car and then when you get there, the price has gone up!
I wonder how many people have just paid the extra cost to drive away in their new car?
The way they scam you and avoid any dealings with Trading Standards is by saying that no finance documents have been signed so therefore no contract is in place, so be aware you just might not get the car you thought you were getting at the agreed price.

[heliosuk]

Scaniaman..........Where are you............??

[Hammy1962]

He is still compiling a response to my last message!!!!!!!!!!!!!!!!!!

Hammy

[heliosuk]

I'm heading for my Anderson shelter!!

[scaniaman]

Hello Mr. Mancini. By all means get your local TS involved to prosecute Al Capone. It may help us all if you mention to them that their counterpart, Mr. Hutchison,head of Perth TS had a similar complaint late last year, also involving Sir Arnold Clark.
In order to take your complaint up a gear I suggest that you e-mail your complaint to scams@oft.gov.uk, mark it for attention of Mr. Steven Hill.
Best of luck.

[heliosuk]

Is the Arnold Clark sucks website back up again?

Tis interesting to note that that they won the Retailer of the year award with AM online or whoever.

One thing springs to mind in all of this and that is, is there any alleged evidence of anyone on the board of AC and that of BAE Systems being linked given the alleged practices of an alleged company in the middle east???

[Mr Mancini]

Thanks for the info, seem to have hit a stumbling block though, it would appear my only option now is to purchase an exact vehicle from another dealer and pursue Arnold Shark for "loss of bargain" They'll probably talk their way out of that as well.

[scaniaman]

Very surprised that they only had 1 car to suit your spec in all their VX stock-nation wide.!!!!!! Please don't give up, at least let TS do what they can and send a report to OFT. Only by everyone doing this, will any action ever take place by the authorities. If you really feel hacked off, write your MP. This way the OFT have to give an answer as to what is being done.
Your case certainly highlights a typical scam.
Also, once money has changed hands (deposit) a legally binding contract exists.

[devonbatman]

i phoned AC in leyland last weekend about a 2008 car i was keen on buying. Suffice to say i had little complaint about the price and got an ok part ex price. i was told the car also carries 2 yrs remainder of the manufacturers warranty.I also paid £100 deposit by phone on a debit card to secure which i was happy with
Having travelled 270 miles to get there at the first day free on the 6/2/10 and given them 1 weeks notice of my long planned journey i was more than shocked on arrival.

I met a gang of salesmen and was told my reserved car was at the end of the car park, labled for a customer called matt and a different engine size etc.
Then i met the same salesperson i had spoken to previously by phone who introduced me to the same car which had been incorrected labeled.
The car would not start for the saleman, he got a second sales person to get a power charger for the battery which didnt concern me we have of course been through a bitter cold spell, however to no avail, then they said it obviously had no petrol and mentioned that customers dont leave much petrol in the cars, so a third salesperson walked to morrisons and this failed. he then went back to complete 6 litres of petrol. After much pushing and rocking by three sales people when i was offered a second coffee back in receoption, finally it was going and i was advised firstly that the mechanics had gone and also this will just be the result of no petrol. I drove the car for a mile or so, drove with the salesperson, back to AC, and restarted to make sure all was fine. I completed the deal and drove home to devon non stop.

I got home, at 6pm having been driving from 7am to achieve this had an hours rest and then invited my wife to come out for a drive in my new car. To my shock the ignition key turns over, the battery appearing healthy but no connection and non starting!
I called by rescue company for home start recovery and the obvious possible reasons all checked like plugs etc, he pointed out that the immobiliser sybol was showing on the dash which is a problem immediately, also while trying to start the engine again the dash electrics and back lights went out so no more investigation.
I have now very concerned about AC reaction to this, despite obviously being sold a car unfit for purpose, the biggest joke to me is they have stamped the service book as having recently completed the 2 yr service. Any comments please advise asap!! mike in devon

[scaniaman]

I think firstly you must contact Al Capone and give them oppertunity to repair your car(SOGA). Since there is a great distance involved try and get them to agree inspection at local main dealers instead of a trip up north.

[Conniff]

Agreed - get a recorded letter in the post so that your problem is recorded as early as possible. If you are to give them the oportunity to repair, make it in bold that an attempted repair does not take away your right to later reject the car.

Do this first thing tomorrow, even if you are going to phone them.

[Philip23]

A couple of years ago I noticed a number of posters around the city centre (Liverpool) warning people against buying cars from AC. I remember thinking that to take such action the person involved must have been extremely angry. I for one after seeing these posters would avoid this company, more so after reading this thread.

[devonbatman]

thanks for your advice guys, first i have spoken to a manger there, who apologised and stated he will look into the best solution and call me back, meantime i spoke to hyundai plymouth and i explained that in the 18 mths history in the service book there is only one stamp being january 25th this year. hyundai person stated this invalidates the 5 yr warranty.
i spoke to the manager again and he said this is not necessarily the case, however he is still looking into it and calling me back. Next the salesman i dealt with phoned me and i recalled the whole saga, i even said i had read very disturbing customer comments on line since. First he said irrespective of elsewhere in the country, they do not leave customers high and dry and assured me that due to the distance i must deal with hyundai close to me and the cost of transport will be covered by them, also even if hyundai dont cover it under warranty they will pay for any work to put the problem right, i also reminded him his manager also agreed that AC will cover the car for the next two years of the warranty if this is not honoured by hyndai. i now will have to interupt getting to work tomorrow 30 miles away by dealing with this issue and i only hope that hyundai locally can deal with it quickly. As per advice i am going to write to them tomorrow recorded delivey to advise them of what i have complained about and their promises to so far thanks mike

[devonbatman]

anyone got any comment on this text, copied from trading standards web site
(for England, Wales and Northern Ireland)

Enter your postcode in the field at the bottom of this page to see if your local authority trading standards department has the full leaflet version available on its website.

When you buy goods from a trader, you enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. If you buy a used car from a trader it must be of satisfactory quality, fit for the purpose, and as described. Obviously a very old car with a high mileage will not be as good as a newer car with a low mileage, but it should still be fit for use on the road, in a condition which reflects its age and price, and reliable.

Traders cannot take away consumers rights by using terms such as ‘sold as seen’. Your legal rights are reduced if you buy a car from a private seller or an auction. If you buy a used car via the internet, you may have additional rights under the Distance Selling Regulations.

If you have a problem with a used car, you have a short time after buying it to reject the car. If the fault was present when you bought the car, you do have other remedies such as repair or replacement. It is recommended you always follow up complaints with the details in writing, and keep copies of all correspondence. As a last resort, you may need to consider taking court action. Remember, used cars may have some faults, but they should not be excessive. Fair wear and tear is not considered to be a fault.

Anyone know the definition of how long one has to reject a car?

[Conniff]

It won't be longer than a month, but the courts can alter this and I have know a case where a rejection was upheld by the court 2 years after purchase of a boat.

Once rejection action has been started, the dealer won't be able to drag it out so that it becomes out of time.

[devonbatman]

thanks for the advice, just to say i have written to AC, with the following update, first my 5th Feb car having not worked since i arrived home the same day, has been with Hyundai ever since, the latest news i will not expect my car before the 15th March! so i have been supplied a defective car needing a new body control module, new windsreen seal etc, no small job, i have had a free hire car from hyundai as it is covered by the hyundai warranty, however Hyundai taking responsibility does not negate AC from their responsiblity in selling such a car. if they do not make a sufficient offer i am commencing rejection proceedings any comments?

[Conniff]

Any update devonbatman??

[devonbatman]

[quote=Conniff;2842828]Any update devonbatman??[/QUOTE
just to say thanks to everyone for their advice here AC offered me full refund or exchange within days of writing advising of my rights under the SOGA.

However i eventually accepted £150 as the car was fixed under warranty by hyundai. but having no car for a month following the day of purchase, having lost a day and a half at work etc i thoiught this was a pathetic outcome in terms of compensation for my trouble. aint no legislation to cover this area.

Bottom line i wont be using of dealing AC again