Arnold Clark breaching my consumer rights

katsav7

Hi all,

I’d really appreciate some advice and perspective as I’m at my wits’ end with Arnold Clark.

• I bought a Nissan X-Trail Tekna+ from Arnold Clark Warrington earlier this month.
• Within 10 days it developed multiple faults, and it was also mis-sold (advertised as £195 tax – actually £695, and advertised with features it doesn’t have).
• I formally rejected the vehicle under my short-term right to reject on 15th August, well within the 30 days. Arnold Clark confirmed the rejection.
• Since then, it’s been two weeks of delays. Arnold Clark stopped responding to my emails, and Motonovo (the finance company) told me they’re still waiting on Arnold Clark to act.

Today Motonovo told me that Arnold Clark are now raising an issue with mileage deductions as the supposed reason for the hold-up.

My understanding is that under the Consumer Rights Act 2015, section 20(8):

“The trader must not reduce the amount of the refund to take account of any use made of the goods before they were rejected.”

This means no mileage deductions are allowed when the rejection is exercised within 30 days, even if the mileage is “excessive.” Deductions only apply under the “final right to reject” (after 30 days).

From my side, all I want is:

• The full refund (deposit, part-exchange allowance, first finance payment taken, RFL etc.),
• A date to return the car.

Instead, I’ve had two weeks of silence followed by an unlawful attempt to reduce my refund.

Has anyone dealt with Arnold Clark on this before, or had to escalate through the Financial Ombudsman or Trading Standards? I’m prepared to escalate but want to make sure I’m handling this properly.

Thanks in advance for any advice.

Ayr_Rage

If you've rejected the vehicle why do you still have it?

It should not be being used either.

m0bov

It should have been dropped off, with the letter handed over with the keys 

Grumpy_chap

katsav7 said:

Hi all,

I’d really appreciate some advice and perspective as I’m at my wits’ end with Arnold Clark.

• I bought a Nissan X-Trail Tekna+ from Arnold Clark Warrington earlier this month.
• Within 10 days it developed multiple faults, and it was also mis-sold (advertised as £195 tax – actually £695, and advertised with features it doesn’t have).
• I formally rejected the vehicle under my short-term right to reject on 15th August, well within the 30 days. Arnold Clark confirmed the rejection.
• Since then, it’s been two weeks of delays. Arnold Clark stopped responding to my emails, and Motonovo (the finance company) told me they’re still waiting on Arnold Clark to act.

Today Motonovo told me that Arnold Clark are now raising an issue with mileage deductions as the supposed reason for the hold-up.

My understanding is that under the Consumer Rights Act 2015, section 20(8):

“The trader must not reduce the amount of the refund to take account of any use made of the goods before they were rejected.”

This means no mileage deductions are allowed when the rejection is exercised within 30 days, even if the mileage is “excessive.” Deductions only apply under the “final right to reject” (after 30 days).

From my side, all I want is:

• The full refund (deposit, part-exchange allowance, first finance payment taken, RFL etc.),
• A date to return the car.

Instead, I’ve had two weeks of silence followed by an unlawful attempt to reduce my refund.

Has anyone dealt with Arnold Clark on this before, or had to escalate through the Financial Ombudsman or Trading Standards? I’m prepared to escalate but want to make sure I’m handling this properly.

Thanks in advance for any advice.

What exactly have you done to reject the vehicle?
Where is the vehicle now?
If you still have the vehicle, are you still using it?

I find your comments about the deductions for mileage even if the mileage is "excessive" unusual.  How many miles have you done?

What are the multiple faults?  
Are they actually all symptoms of the same fault?
Not all faults on a used car give rise to right to reject.
Would you be happy to keep the car if the fault(s) are addressed?

With regard to the "mis-selling", what features were missing?  
Why were you not able to assess those features as being missing prior to purchase?
The VED rate is possibly the standard rate advised (£195).  I can't see that a VED rate of £695 arises but, possibly the standard rate £195 plus the premium surcharge £425 brings it to £620.  (A bit higher if paying monthly but still not £695.)

Scot_39

Firstly good luck with your claim and a speedy resolution.

Sorry dont know about the mileage - if the 30 days applies or not.

It hardly seems unreasonable though if you putva lot of miles on a tge car - but if small seems petty but then so should any price variation - as mileage directly impacts vehicles values, its not like say using a kettle once or 10 times before it breaks.  And used car value tables include mileage adjustment tables expressed in £xx / per 1000 miles in Parkers guide iirc..


But can I suggest check what you paid in ved and in reality who to and so the refund rules on it.  The dealer might have just registered it on your behalf as it were.  Not sure about new new cars. 

But on selling/ trading in - normally that would be paid back directly by notifying DVLA yourself your nk longer tge keeper. So maybe thd dealer could be asked to compensate for the full month or months loss ax part of good will.  As dvla refund for full months unused only.  

https://www.gov.uk/vehicle-tax-refund

Standard VED rate is £195 - its now a flat rate.
£695 isn't a tabled new car rate.
Was the vehicle used / preregistered - originally valued at ovef £40k - and so subject to Expensive Car Supplement - an extra £425 on orginal pre registered list price on vehicles with list above £40k ?   So total £620

Undervalued

katsav7 said:

Hi all,

I’d really appreciate some advice and perspective as I’m at my wits’ end with Arnold Clark.

• I bought a Nissan X-Trail Tekna+ from Arnold Clark Warrington earlier this month.
• Within 10 days it developed multiple faults, and it was also mis-sold (advertised as £195 tax – actually £695, and advertised with features it doesn’t have).
• I formally rejected the vehicle under my short-term right to reject on 15th August, well within the 30 days. Arnold Clark confirmed the rejection.
• Since then, it’s been two weeks of delays. Arnold Clark stopped responding to my emails, and Motonovo (the finance company) told me they’re still waiting on Arnold Clark to act.

Today Motonovo told me that Arnold Clark are now raising an issue with mileage deductions as the supposed reason for the hold-up.

My understanding is that under the Consumer Rights Act 2015, section 20(8):

“The trader must not reduce the amount of the refund to take account of any use made of the goods before they were rejected.”

This means no mileage deductions are allowed when the rejection is exercised within 30 days, even if the mileage is “excessive.” Deductions only apply under the “final right to reject” (after 30 days).

From my side, all I want is:

• The full refund (deposit, part-exchange allowance, first finance payment taken, RFL etc.),
• A date to return the car.

Instead, I’ve had two weeks of silence followed by an unlawful attempt to reduce my refund.

Has anyone dealt with Arnold Clark on this before, or had to escalate through the Financial Ombudsman or Trading Standards? I’m prepared to escalate but want to make sure I’m handling this properly.

Thanks in advance for any advice.

Really?

I struggle to believe that is true. Are you really saying that somebody could "buy" a car, put many thousands of miles on it and reject it four weeks later for a full refund? If that were true it is amazing that car hire firms get any business?

I did hear of somebody putting a thousand miles in on day on a garage service department free loan car, having booked their car in for a trivial (non existent) fault under warranty!

Isthisforreal99

Undervalued said:

katsav7 said:

Hi all,

I’d really appreciate some advice and perspective as I’m at my wits’ end with Arnold Clark.

• I bought a Nissan X-Trail Tekna+ from Arnold Clark Warrington earlier this month.
• Within 10 days it developed multiple faults, and it was also mis-sold (advertised as £195 tax – actually £695, and advertised with features it doesn’t have).
• I formally rejected the vehicle under my short-term right to reject on 15th August, well within the 30 days. Arnold Clark confirmed the rejection.
• Since then, it’s been two weeks of delays. Arnold Clark stopped responding to my emails, and Motonovo (the finance company) told me they’re still waiting on Arnold Clark to act.

Today Motonovo told me that Arnold Clark are now raising an issue with mileage deductions as the supposed reason for the hold-up.

My understanding is that under the Consumer Rights Act 2015, section 20(8):

“The trader must not reduce the amount of the refund to take account of any use made of the goods before they were rejected.”

This means no mileage deductions are allowed when the rejection is exercised within 30 days, even if the mileage is “excessive.” Deductions only apply under the “final right to reject” (after 30 days).

From my side, all I want is:

• The full refund (deposit, part-exchange allowance, first finance payment taken, RFL etc.),
• A date to return the car.

Instead, I’ve had two weeks of silence followed by an unlawful attempt to reduce my refund.

Has anyone dealt with Arnold Clark on this before, or had to escalate through the Financial Ombudsman or Trading Standards? I’m prepared to escalate but want to make sure I’m handling this properly.

Thanks in advance for any advice.

Really?

I struggle to believe that is true. Are you really saying that somebody could "buy" a car, put many thousands of miles on it and reject it four weeks later for a full refund? If that were true it is amazing that car hire firms get any business?

I did hear of somebody putting a thousand miles in on day on a garage service department free loan car, having booked their car in for a trivial (non existent) fault under warranty!

The 30 day right to reject only applies to faulty goods.

Okell

If a consumer exercises their 30 day right to reject a car that does not conform to contract, then the consumer is entitled to a full refund and the trader is not permitted to make any deduction for use or mileage etc.  That is only permitted after 30 days.   (Although the OP is mistaken in quoting s20(8) of the CRA.  That is something different)

From what the OP has said, Arthur Clarke have accepted the rejection so presumably Arthur clarke have accepted the car does not conform to contract.  All they need to do now is pay a full refund.

As others have said, after rejection the OP is not allowed to use the vehicle.  He either should have returned the vehicle to AC or made it available for them to collect and stopped using it

Grumpy_chap

Okell said:

From what the OP has said, Arthur Clarke have accepted the rejection so presumably Arthur clarke have accepted the car does not conform to contract.  All they need to do now is pay a full refund.

Aaaah, yes, I had not taken that in fully from the OP:

katsav7 said:

• I formally rejected the vehicle under my short-term right to reject on 15th August, well within the 30 days. Arnold Clark confirmed the rejection.
• Since then, it’s been two weeks of delays. Arnold Clark stopped responding to my emails, and Motonovo (the finance company) told me they’re still waiting on Arnold Clark to act.

I wonder whether the two weeks of delays relate in any way to the OP having not actually returned the car?
AC will not process the refund until they have the car back.

Okell

Undervalued said:

katsav7 said:

Hi all,

I’d really appreciate some advice and perspective as I’m at my wits’ end with Arnold Clark.

• I bought a Nissan X-Trail Tekna+ from Arnold Clark Warrington earlier this month.
• Within 10 days it developed multiple faults, and it was also mis-sold (advertised as £195 tax – actually £695, and advertised with features it doesn’t have).
• I formally rejected the vehicle under my short-term right to reject on 15th August, well within the 30 days. Arnold Clark confirmed the rejection.
• Since then, it’s been two weeks of delays. Arnold Clark stopped responding to my emails, and Motonovo (the finance company) told me they’re still waiting on Arnold Clark to act.

Today Motonovo told me that Arnold Clark are now raising an issue with mileage deductions as the supposed reason for the hold-up.

My understanding is that under the Consumer Rights Act 2015, section 20(8):

“The trader must not reduce the amount of the refund to take account of any use made of the goods before they were rejected.”

This means no mileage deductions are allowed when the rejection is exercised within 30 days, even if the mileage is “excessive.” Deductions only apply under the “final right to reject” (after 30 days).

From my side, all I want is:

• The full refund (deposit, part-exchange allowance, first finance payment taken, RFL etc.),
• A date to return the car.

Instead, I’ve had two weeks of silence followed by an unlawful attempt to reduce my refund.

Has anyone dealt with Arnold Clark on this before, or had to escalate through the Financial Ombudsman or Trading Standards? I’m prepared to escalate but want to make sure I’m handling this properly.

Thanks in advance for any advice.

Really?

I struggle to believe that is true. Are you really saying that somebody could "buy" a car, put many thousands of miles on it and reject it four weeks later for a full refund? If that were true it is amazing that car hire firms get any business?

I did hear of somebody putting a thousand miles in on day on a garage service department free loan car, having booked their car in for a trivial (non existent) fault under warranty!

So far as I am aware, if a car buyer exercises their 30 day short term right to reject, the trader is not permitted to make any deduction for use/mileage etc.  A trader can only do so after 30 days have passed.

For example:

"Short-term right to reject – the first 30 days

If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund.

You do not have to accept a repair or replacement vehicle (although you can if you want to).

If you have part-exchanged your previous car on the new one, you will not get it back. Instead, you will be entitled to the full invoice price of the car (including road tax, VAT, etc).

You are entitled to a full refund by the same method in which you paid for the car.  The dealer cannot charge for usage, wear and tear, collection of the vehicle or anything else.

It is the dealer’s obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect..."

Rejecting a car - your consumer rights | The Car Expert

and:

"I’ve owned the car for less than 30 days  

The Consumer Rights Act gives you an initial 30 days to reject the vehicle if it is faulty and claim a full refund from the dealer that sold it to you...!

The car I bought has a problem what are my rights - Which?

AIUI the general rule is that traders cannot charge for use of a rejected item in the first 6 months after purchase.  The only(?) exception to this is motor vehicles, but that exception does not extend to the first 30 dyas after purchase

Grumpy_chap

Undervalued said:

Are you really saying that somebody could "buy" a car, put many thousands of miles on it and reject it four weeks later for a full refund? If that were true it is amazing that car hire firms get any business?

The car can only be rejected if the car has a fault or there has been some other breach of contract / consumer rights.
Not every fault is grounds to reject (a fault can be "too minor").
When a car is rejected within that 30 days, there cannot be a deduction for mileage.


In this case, the rejection appears to have been accepted, but not processed, by the Dealer.
The OP asks about escalation routes.
The OP also mentions that the car was under finance. 
Subject to certain criteria, it may well be that the finance company are jointly and severally liable for any breach of contract / consumer rights under S75 / S75A.  It is worth checking whether these criteria are satisfied.
This could be the first and simplest form of escalation - to write to the finance company rejecting the car and state that you are holding them liable under S75 / S75A, you are rejecting the car within the 30 days and you await your full refund with no deductions for mileage or any other reason.  Faced with the possible exposure of having to pay out themselves will almost certainly prompt the finance company to get AC to act.