jamesmark Posted January 22, 2009 Share Posted January 22, 2009 Last week my mate bought a used car from Arnold Clark in Perth, a 56 plate Mondeo Titanium X with 36k. The car was at a good price so he closed the deal. During the walk around the car he and myself highlighted a few areas of concern the usual blemishes on the paint etc. I also pointed out the condition of the tyres and brakes. The rear tyres were 3mm and the brakes all round had healthy ridges on them. So to close the deal the salesman agreed this would all be sorted and that the garage when it is in for prep will replace anything or recondition anything that needs it. So £200 dep was paid and today the car was dropped off In Aberdeen. My mate looked over the car and was not impressed with what he seen. They have touched the car up with the wrong colour of paint, there is a new ding on the passenger door on the crease. The brakes look totally untouched and still the big ridges, so they have not been skimmed or anything. Also the tyres are still on and at 3mm. They told him they will have another go and sort it but he has rejected the car due to the workmanship. As if they have scrimped on the most visable things what have the scrimped on the less visible stuff? Now they told him they will keep his deposit as they have lost out on road tax and now there is a new owner on the V5. where does he stand with this? He is going to the garage tomorrow where he bought it to demand it back. Anyone else had dealings with this? Quote Link to comment Share on other sites More sharing options...
Gaz6002 Posted January 22, 2009 Share Posted January 22, 2009 It all centres around the receipt for the deposit. He should have got the agreement for all repairs in writing before handing over any cash. I'm not sure he has anywhere to go. Quote Link to comment Share on other sites More sharing options...
Dnk Posted January 22, 2009 Share Posted January 22, 2009 I recently had a very similar problem but had it in black and white on the purchase invoice, it got put right but took me months and months with lots of stress and that was a SEAT dealer, never again, if its not right when i view a car then i walk away as thats far less hassel. Good luck to your mate Quote Link to comment Share on other sites More sharing options...
jamesmark Posted January 22, 2009 Author Share Posted January 22, 2009 It all centres around the receipt for the deposit. He should have got the agreement for all repairs in writing before handing over any cash. I'm not sure he has anywhere to go. It was only written on the front of the sales folder that the documents were in. Quote Link to comment Share on other sites More sharing options...
Gaz6002 Posted January 22, 2009 Share Posted January 22, 2009 It was only written on the front of the sales folder that the documents were in. IIRC it requires a sig from the dealer before it can go anywhere... always worth getting a proper receipt. Quote Link to comment Share on other sites More sharing options...
marc_p Posted January 22, 2009 Share Posted January 22, 2009 This happened to me once, exactly the same situation but I cancelled the check before they cashed it, but they couldn't legally come after the money, so I think they have to refund the money as they have not kept to the terms of agreement. Quote Link to comment Share on other sites More sharing options...
Pot Posted January 22, 2009 Share Posted January 22, 2009 Have you saved the details of the new owner on the V5? Might be worth letting them know too...? Quote Link to comment Share on other sites More sharing options...
Rob Posted January 23, 2009 Share Posted January 23, 2009 Have you saved the details of the new owner on the V5? Might be worth letting them know too...? No, I think Jamesmark means he is the new person on the V5, the garage will have already put him on, so they're complaining that the car will have another "number" of owners now. Quote Link to comment Share on other sites More sharing options...
jamesmark Posted January 23, 2009 Author Share Posted January 23, 2009 No, I think Jamesmark means he is the new person on the V5, the garage will have already put him on, so they're complaining that the car will have another "number" of owners now. However my mate has not signed the V5 yet. Do you have to have his Signiture on the V5 at point of sale? Or do they not require him to sign it as they are a dealership Quote Link to comment Share on other sites More sharing options...
Guest Angry Koala Posted January 23, 2009 Share Posted January 23, 2009 I would say it's the dealer's tough sh!t if there's another owner on the V5 as this should not have been completed by them. It states on the V5 "to be completed by the new owner". Unless they forged his signature the V5 has not been sent to the DVLA so they just need to request a new one (as if they had lost it or it had been defaced). They can also get a refund on the tax disc (of at least 5 or 11 months depending how much they paid for) so this argument is also complete bollox. Challenge them on the above if your friend paid cash and inform them that you will report them to the DVLA for registering cars to individuals without their express permission. If your mate paid the deposit on a debit or credit card then simply get him to charge the amount back through his card issuer/bank. There will be a box on the form he has to fill in giving the reason for doing it which states "goods never received", or "goods unfit for purpose". Either of these apply for him. The dealer will not be able to dispute the chargeback if your mate hasn't signed anything. Good luck mate! Quote Link to comment Share on other sites More sharing options...
monsween Posted January 23, 2009 Share Posted January 23, 2009 To be fair, if you cant get the deposit back, it may be just worth walking away. Better loosing 200quid than thousands if you say you think they may have scrimped on other aspects of the car. Quote Link to comment Share on other sites More sharing options...
bigbloodyturbo Posted January 23, 2009 Share Posted January 23, 2009 might be worth talking to consumer direct and getting some advice, atleast they will let you know where you stand legally and if you ask nicely they will send a letter to them telling them you've been in contact with them and they're willing to take it further if it cant be sorted amicably. I have found them very helpful in the past as they give you some ammo for the gunfight that usually ensues when you go looking for a refund or replacement goods! Quote Link to comment Share on other sites More sharing options...
Matt H Posted January 23, 2009 Share Posted January 23, 2009 You have a verbal contract with the garage, its good enough and would be suficent in a small claims court. Write them a letter with the usual threats, if they don't give it you back go on line and commence the claim with the small claims court. Quote Link to comment Share on other sites More sharing options...
jamesmark Posted January 23, 2009 Author Share Posted January 23, 2009 However my mate has not signed the V5 yet. Do you have to his Siguture on the V5 in their possession and do noy requires the sorrent name on the Lg Book Good grief. Apologies I had a few to many last night. Quote Link to comment Share on other sites More sharing options...
Steve Posted January 23, 2009 Share Posted January 23, 2009 Good grief. Apologies I had a few to many last night. You are excused. Don't let it happen again Quote Link to comment Share on other sites More sharing options...
jamesmark Posted January 23, 2009 Author Share Posted January 23, 2009 You are excused. Don't let it happen again It won't, well at least not for the next few days. I have to behave at Sarah's G/parents. Quote Link to comment Share on other sites More sharing options...
benkei Posted January 23, 2009 Share Posted January 23, 2009 Arnold Clarke again? My gf bought a car from them last year, and got completely ripped off! We're stuck with the car now, but it took a HELL of a lot of effort and greif to get the repairs done to a reasonable standard. Tell your friends and family to stay well away from them! Over priced cars sold with empty promises and skimped on everything! Good luck sorting your problem out mate! Quote Link to comment Share on other sites More sharing options...
SupraAyf Posted January 23, 2009 Share Posted January 23, 2009 This doesn't look good TBH mate. Rejecting a car is a difficult procedure and one which you really need to give long hard thought too before you start official rejection procedures. People keep talking about rights of the consumer but buying cars and houses is the biggest expense and yet you have very few rights in the whole scheme of things. If the truth be known then you have to rely upon the good nature of the dealer in order to attain a satisfactory outcome. We rejected a new car in 2008 and it took 117 days before we received a new one. We were one of the lucky punters but I personally went to the Chief Executive Officer of the UK Company and he acted upon our requirements and we won (to cut a VERY long story short). My advice would be to walk away. If no HP agreement has been signed and no further cash transaction has been handed over then leave this one and put it down to experience. By all means seek advice from the small claims court and consumer services for the return of your deposit but don't go any further with the transaction unless you are financially committed. If you have signed a HP agreement then you will have to take the matter up with the HP company as they own the vehicle, meaning, they will have to deal with Arnold Clarke for the rectification of your vehicles problems. Hope this helps Quote Link to comment Share on other sites More sharing options...
Homer Posted January 23, 2009 Share Posted January 23, 2009 Good advice Andrew, I was going to PM you a link to this thread yesterday but completely forgot! Quote Link to comment Share on other sites More sharing options...
SupraAyf Posted January 23, 2009 Share Posted January 23, 2009 Good advice Andrew, I was going to PM you a link to this thread yesterday but completely forgot! No problems Sir;) Quote Link to comment Share on other sites More sharing options...
Paul Posted January 23, 2009 Share Posted January 23, 2009 My advice would be to walk away. If no HP agreement has been signed and no further cash transaction has been handed over then leave this one and put it down to experience. I would tend to agree, not a good situation but not a great deal you could do in respect of a claim imo. Worth trying to get the deposit back but if that doesn't work then I would drop it, what sort of money are we talking? Edit: sorry, just seen that it's £200 deposit. Quote Link to comment Share on other sites More sharing options...
Steve Posted January 23, 2009 Share Posted January 23, 2009 It won't, well at least not for the next few days. I have to behave at Sarah's G/parents. Good luck Quote Link to comment Share on other sites More sharing options...
Pete Posted January 23, 2009 Share Posted January 23, 2009 If it were me I'd make a nuisance of myself outside the premises and to incoming customers. Worse that'll happen is the Police might move you on. Quote Link to comment Share on other sites More sharing options...
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