Rights concerning Arnold Clark HP return within 1-30 days.

Home Forums Car finance Rights concerning Arnold Clark HP return within 1-30 days.

This topic contains 2 replies, has 2 voices, and was last updated by Stuart Masson Stuart Masson 2 weeks ago.

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  • #123101 Reply

    James

    Hello, and thank you to anyone taking the time to read my query.

    I purchased a car, and entered into a HP agreement, on the premises of an Arnold Clark dealership last weekend. On inspection and test drive of the vehicle one week prior to this, I noted a few points (minor bodywork issues) that I requested be remedied in order for me to enter into a finance agreement to purchase. When test driving the vehicle, no issues were apparent, it seemed to drive as expected whilst running it up to 60mph, and driving for around 15 minutes.

    The following weekend I noted that the problems mentioned had been sorted, and ended up handshaking and signing an agreement to Hire Purchase the car.

    However, when driving the car home (50 minute journey) – it became apparent that the turbo would lag at random, and it got me slightly concerned.

    Over the last 5 days, I have noticed the lag when driving to and from work, and although it only occurs for a split second at a time, and appears to be at random, is enough to make the heart-rate rise slightly when it does.

    Additionally to this, I have also noticed there is vibration from – I’m guessing – the engine at around 1400-1700rpm – more noticeable when the weather is colder – however, it certainly is not a sound that I would associate with a car driven off a dealership forecourt less than a week before.

    I have obviously heard horror stories of Arnold Clark, mixed with good stories, and hoped these wouldn’t happen to me. I am not claiming this to yet be a horror story, and am not expecting that I’m going to walk away with everything perfect and to my liking, however I do want to try and get myself into as good a position as possible concerning my rights.
    I do not want to have a car that has problems so early on after purchase. I’d rather get rid of this vehicle after noticing this, and own a vehicle that is reliable ( I understand I may be too late to do this, but am not 100% sure on that – hence my asking for advice).

    My question’s:

    Is there a way I can gain technical proof that these faults were not caused by myself in the short time I have owned the vehicle?

    What are my rights concerning – either getting the problems fixed, or returning the vehicle as it does not feel or sound like (at certain times) a vehicle which HAS just recently passed an MOT, and that was purchased from an Arnold Clark dealership (a company I would expect to only sell vehicles that were running well)?

    What is the best way to make my concerns official, whilst making sure I have evidence/documentation of any agreements/whatever is said? (Send Arnold Clark or financier an email? Contact financier first?)

    The FACTS:

    • Put reserve on car (£100) – 21/10/2017 (13 days ago).

    • Put £2,900 deposit on car to initiate Hire Purchase agreement with ‘Black Horse Limited’ (sister company of Lloyds, I believe) – 28/10/2017 (5 days ago).

    • Drove vehicle home – 28/10/2017 (5 days ago) – noticed problems from this drive, which have occurred with each drive since then.

    • Have NOT contacted dealership. My reasons for doing this; I would like to know if it is recommended to take the vehicle to an impartial garage (my local garage) and have them officially note problems – so as to have details in writing/documentation form to take to Arnold Clark when I raise the issue.

    • Have NOT contacted the finance company either.

    • Do NOT have any proof that these problems were not there when I bought the car, however it is obvious to me that neither of the mentioned issues could have occurred in such a short space of time. (Driven less than 500 miles).

    Thanks again for taking the time to read this. Any additional information required – just let me know. I didn’t want to put too much information all at once and scare you good people off :).

    James

  • #123102 Reply

    James

    UPDATE:

    I live in Scotland, and purchased the car in Scotland also.

  • #123265 Reply
    Stuart Masson
    Stuart Masson
    Keymaster

    Hi James. You will need to inform the finance company first and then the dealership if you want to reject the vehicle under the Consumer Rights Act. This will need to be in writing (for your own proof of rejection as well as legal evidence).

    In terms of your position, you will need to make the dealership aware of the vehicle’s problems. If you intend to reject the vehicle, you should really stop driving it. The whole purpose of the Consumer Rights Act is to protect consumers if their car is faulty – by continuing to drive the car, you are effectively saying that it’s not really faulty enough to reject.

    The dealership is not under any obligation to accept your assertion that the car is faulty, and they will want their own workshop to assess the vehicle before agreeing to a refund. Ideally, you should have a written declaration from another workshop that the vehicle is faulty because of XYZ.

    Within the first 30 days, you do not have to accept a repair of the vehicle. If it is faulty, you can reject it. After 30 days (but within the first six months), the dealer is entitled to one chance to fix the fault after you notify them of your intention to reject the vehicle.

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