Arnold Clark Sucks

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I am in receipt of you recent letter and note your remarks. However, I feel I should acquaint you with the facts relating to this matter:

As I was passing your showroom on Monday, 3^rd February 2003, I noticed an Audi A3 parked on the forecourt.  I stopped to have a look at it and went into reception to ask if it was a 1600 or 1800 and Mr Paul Gorman showed me round the car. It was established that it was a 1600 and I stated that I was not interested in it, as I required a 5-door 1.9TDi Audi A3. Mr Gorman invited me into the showroom to check the availability of such a car and came across an A3 at a Charles Clarke outlet in Liverpool. The details were not comprehensive, however, Mr Gorman stated that He could bring the car to Leyland for me to view.

Mr Gorman explained that I would have to pay a deposit of £100 and sign a form to allow a car to be brought to Leyland from the dealership in Liverpool.  When I indicated, more that once, that I was unhappy about complying with this request, I was categorically assured that I would be reimbursed with my £100 if the Audi, for whatever reason, was not suitable. I was then hurried into signing and told that my signature was merely a formality.

On the following Tuesday, Mr Gorman contacted me and invited me to test drive the car, which I did on Thursday. I came to the conclusion that the vehicle was not suitable and informed Mr Gorman of this the next day.  On Saturday I called to enquire when my deposit would be refunded, I was not able to speak to Mr Gorman, however, I was assured that my refund would be in the post.

Following this, I was astonished to receive a very hostile call from your office alleging that I had placed an order for the car and threatening court proceedings for non payment.  When I challenged this accusation, I was called a liar.

As a single woman, I realise I may be considered easy prey to questionable sales tactics and with hindsight I should have been more aware of the potential of being mislead. However, in my defence, I had assumed that as I was at an Arnold Clark dealership I would be treated with integrity and respect.  Therefore I did not approach your dealership in the same frame of mind as I would a back street car lot. I can assure you that placing an order for a second hand car, without first viewing and test driving it is not something I would ever do, had I not been mislead.

There is no way that I am going to purchase an unsuitable car, particularly after being duped into signing an order form. Furthermore I do not believe that Trading Standards or the press are going think it likely that anyone would order a second hand car, sight unseen.

I hope this clarifies the situation and I look forward to receiving my refund of £100.

6.12.2003

Purchase of Motor Vehicle

Toyota Avensis,  Reg. No. SH52 ORW

Thank you for your letter of 4^th February 2003.

To say that the sales assistant was fully conversant with the product knowledge of the Avensis range beggars belief. He had no knowledge of the following:-

• That the SR had no Satellite Navigation
• The SR 1.8 had no traction control
• The SR had no extra dark rear-tinted windows. He even tried to claim that the GS sitting outside had these, until I pointed out his error.
• He claimed walnut finish wasn’t available on the GLS (on website it claims to have)

If that is your idea of conversant, you must be reading a different dictionary from me.

He also failed to show us the car controls before driving off (had he realised his error at this point?)

There was no pre-delivery checklist supplied by him either, which I now formally request, nor was the service book stamped.

There is no “ambiguity” between your salesman version of events and mine, if he refutes the fact that he told us the SR had Satellite Navigation then he is quite simply lying, perhaps to save his skin, if Mr Brown’s attitude to his staff is anything like that towards his clients then I wouldn’t blame him. Either he is lying or my wife and I are, and I swear that we are telling the complete truth.

As regards the atrocious Mr Brown, if you think it reasonable to tell me to come back and get the car only if “I got it back to the dealership that day,” otherwise he wouldn’t consider it. After I had pointed out that the car was no longer taxed, I had neither the logbook nor was I insured to drive it. After I also pointed out that it was almost totally bereft of petrol and that I had filled the new car with petrol the night before. Saying that was up to me to arrange tax but under no circumstances would he put any fuel in it he “was doing me a big enough favour swapping it over”. After I pointed out that I had 2 small children in the car and that there wasn’t enough petrol to get me home. After saying that was my problem. After offering me a car I didn’t want in the first place - if I had done I would have simply bought it at that time. Then yet again we must be reading a different dictionary definition.

You also failed to address the point that Mr Brown had told me that it was impossible to install satellite navigation, that it was messy and that it would have to be returned to the manufacturer to get done. (Subsequently I called another Toyota garage and was told that they would do it for me at a cost of £900 and that they would do it on site, in a time of approximately 2 hours – Mr Brown lied to me, it could be done).

The reason for the urgency in relation to the exchange is not my concern; your salesman wholly caused this incident. Indeed my original car would also have another owner on its logbook and it too would be reduced in value accordingly, caused by no fault of mine. These options were not done on a goodwill basis, there is no “goodwill” between Mr Brown and I, these options were a feeble attempt to legally slither out of your moral responsibilities that you know you have, assuming there exists a member of your staff who can spell the word “moral”.

You now offer to exchange the cars if I have not travelled more than 200 miles – as I write this I have travelled 216 miles, so according to your terms this is no longer an option, an option I would have originally taken had Mr Brown not made it impossible to achieve through his intransigence.

In respect of Mr Brown’s attitude and treatment of me, you avoid this and say nothing. You merely point out that he has been a manager with you for many years and enjoys a good rapport with his customers. I do not doubt that in some instances, but that cannot be true in every instance, perhaps he had a bad day, perhaps he had domestic problems, perhaps he was just under pressure, I have no idea what was wrong with him, but in my original letter to you I spoke the absolute truth, he was absolutely appalling. Neither my wife nor I wish to have any contact with him ever again.

Perhaps you could confirm that Mr Clark has had sight of my original letter, I have not as yet had a reply from him, although I’m sure I shall, I do realise that he must be a very busy man.

I am extremely disappointed by your letter and I fully intend to take this matter as far as I can until I receive satisfaction.

I re-iterate my offer to pay for a portion of the works as a gesture of good faith and conciliation, I don’t want to gain anything, I only want what is, in my opinion, fair and reasonable.

I formally request that within 14 days you install satellite navigation into my car, to take it to the specification as described by your representative and which caused me to, in good faith, enter into a contract of sale in respect of the vehicle, a contract which I would not have entered into had I known that this was not present in the vehicle.

Should you fail to do this my next step will be to contact the Trading Standards, my solicitor, the Citizens Advice Bureau and the Scottish Motor Trade Association, I shall then contact the national press columns, for advice. 

These options were a last resort and I had hoped that your salesman would have acted like a man, admitted his error, and that your firm would have shown a modicum of decent customer care and remedied the situation. I didn’t really expect Mr Brown to apologise; a man of that arrogance would have no comprehension of the concept.

Finally, I should be obliged if you would include a copy of your customer complaints procedure with the pre-delivery checklist.

 6.12.2003