After advice - mis-sold a car based on false information...

I appreciate your mum is stressing over this but its unclear whether the leasing company could confirm service history or not:

My mum phoned the leasing company who said all their information, including service history, was passed wit the vehicle to British Car Auctions at the end of the lease
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Although they may be limited by GDPR, I would contact BCA and enquire with them regarding the service history (leasing company should be bale to tell you what BCA it was). The reason I would get yourselves to do it and not the dealer is so you get the info from them BCA themselves. If they confirm there was no history then it strengthens your case.


As for Digital Records - Much harder to forge than a service book which can be easily made up. The best record is a copy of the service invoices in all honesty.
 
paradigm said:
Good luck with that. Lots of cars no longer come with service books (like my S3). You'll at best get a print out from the dealer, but if they are already shady and lying then a quick knock-up in word isn't going to be pushing the realms of possibility.
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Obviously that's a different kettle of fish, but I would still expect them to demonstrate the car had the necessary servicing carried out. You can only do your due diligence; check that everything matches up and comes in writing. If anything still smells fishy, walk. My point remains.
 
paradigm said:
Good luck with that. Lots of cars no longer come with service books (like my S3). You'll at best get a print out from the dealer, but if they are already shady and lying then a quick knock-up in word isn't going to be pushing the realms of possibility.
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They aren't going to knock up something in Word.

There is a central database. A fake document is going to get them in a ****load of trouble. At least when it's verbal then it is just one word against another.

Also there is no need for a printout. All manufacturers I've seen have a customer services phone number which you call to find out.

What is happening here is simple a salesperson is saying on the spot that it has full service history (most vehicles do, so it is a calculated risk), to try and close the sale and earn their bonus.

Even in the OPs case they aren't sending a fake document to resolve the situation.
 
After discussing with the manager of Arnold Clark on Friday - he told me that this isn't the first time he has had this issue and will more than likely get it sorted.... That makes me think this won't be sorted. 2 hours later, Arnold Clark are now offering my mum an extended 2 year Arnold Calrk warranty as they themselves know the Kia warranty is now void.
 
Problems with leased cars. My actual lease includes service which, as they'll collect the car, won't be at a Mercedes dealer. But if I were to go without service plan, quite sure they would force the need for a dealer service to keep the car's warranty.
 
So, Arnold Clark have been in touch. After speaking with my parents I made it clear that what had happened is unacceptable and the whole sales.peocess needs reviewing. I've also, expressed that the manager we dealt with was not only unprofessional and threatening, but extremely rude also.

That being said, I have explained how my parents still want a car. It's either they get a full refund, which they are legally entitled to or find them the exact same car, like for like, same spec, miles and year and swap it for them.

They have responded. They have apologised several times and agreed to the full refund but too have managed to source a car with FSH which has been checked. The option is now in the hands of my parents.

I haven't yet suggested this to them, but when they purchased the car, they took our a 2 year service plan. If they go down the route of swapping the car, they will have to phone the insurance company and pay an admin fee to change the vehicle over. Add that to all the stress caused and the ballache of returning the vehicle. I do believe they should ask for this to be honoured but refunded in way of compensation.

Thoughts?
 
Get the refund and buy from a reputable company. Arnold Clark are a disgrace and the contempt for their customers is appalling. The number of horror stories I have heard about Arnold Clark dealerships concerning miss-selling, charging for work not carried out, worming out of warranty claims and many others are just shocking. Reject the car and get a refund (try to get a refund for the worthless warranty as well) and never go near them again.
 
FWIW I doubt there'd be any admin fee with insurance, I swapped my insurance to my new car but when I went to collect it it wasn't ready. I transferred it another car for 2 weeks and then back to the new car.
They knew the reason behind swapping it and didn't charge me any admin fees, just the difference in premium as expected.
 
So an update. After advising my mum to get a full refund and walk away, she wanted to give them the benefit of the doubt and see if they could come good with the other Sportage offered. She mentioned she wanted a refund on the service plan but to still have it honoured.

To cut a long story short, the general manager has taken over and has phoned me to tell me she is entitled to have the other car but he assures me that the first two year services don't actually mean anything and are more of an inspection and Kia will still honour the warranty. He thinks I was born yesterday! I said ok and ended the call. I phoned my mum to notify her, and she said she's done and that's it full refund. So she has requested to return the car for a full refund of the vehicle, service plan and protective paint coating.

Customer services have said she will receive a response in 24 hours.
 
The general manager is the 5th person to take over this issue by the way. And they have been in talks with my mum for the past few days. But now they are saying they can't speak to her as it isn't on file that she can speak on behalf of my father. Mental.
 
All he needs to do is say he has appointed her to act as his agent, they cannot refuse to deal under those circumstances.

Technically unless has has appointed her as his agent nothing she does or says is legally binding since she is attempting to act on a contract that she isn't a party to.
 
Mercenary Keyboard Warrior said:
All he needs to do is say he has appointed her to act as his agent, they cannot refuse to deal under those circumstances.

Technically unless has has appointed her as his agent nothing she does or says is legally binding since she is attempting to act on a contract that she isn't a party to.
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I know that, and my father has given this permission to the guys at the branch. It's just crazy that since so many people have now been involved, it's become like a game of Chinese whispers. So much is being missed out and not mentioned. Terrible really.
 
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The Kia manufacturer warranty is bumper-to-bumper, with only the satnav and some “consumables” such as brakes and shocks excluded. Most third party warranties have a list of exclusions as long as your arm, and when you actually try to claim, they try to wriggle out of it by way of the “wear and tear” clauses.
Getting a car with the FSH is the right way forward.
 
As said previously, she is currently visiting family in Lancashire. She doesn't go back home to Edinburgh until Tuesday next week. She has requested to return the vehicle for a refund via customer services, who are now being difficult saying she needs to speak to the general manager of the dealership. She's tried to contact him several times but had no joy. She's now been told he isn't in the office. Not sure what she can do next? They are just mugging her off...
 
if branch GM has been out of contact for several days and not returned calls, then go above him via central office to express your/her intentions. ?
ie. we will deliver car back at your premises at this time.
 
Having had the misfortune of buying my Abarth new from Arnold Clark I would not trust anything they say even in writing. I found even 'managers' spouted nonsense. The only way I got any response was via social media and also contacting head office and copying in senior members of staff.

Examples include saying they had conducted a 15 mile road test drive to diagnose a fault and gave services paperwork to confirm this - the car had not moved from the parking bay. When I produced photos of the mileage with zero movement on the speedo at drop off they then all of a sudden had to backtrack.

I would take the full refund and run. They are an awful company to deal with.
 
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