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

[Transform_IT]

Ok guys,

So my mum recently purchased a used 2016 Kia Sportage from a very large, nationwide, car dealer. She went for a Kia based on the 7-year manufacturer's warranty. The car has 21,000 miles on it and was sold as having a FSH and 4 years manufacturer warranty remaining. She purchased the vehicle and took delivery on Saturday. When she went through the manual and the service book, the service stamp and documentation for year 1 (2017) and year 2 (2018) were missing. Only the service stamp fro 2019 was present. She immediately went to the garage and told the salesperson who sold her the vehicle wasn't in and not to worry, it will all be resolved Monday. She went back on Monday and was told the salesperson wasn't in and it would be best to phone KIA direct and get the service history from them. My mum phoned KIA who had no record other than the 2019 service and couldn't help anymore. The paperwork was documentation from the previous owner - it was a personal lease vehicle. 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. This is where the dealer purchased the vehicle before selling it to my mum. My mum relayed this information onto the dealer, who said they would look into it and get back to her. She then received a phone call on Tuesday from the original salesperson who re-assured my mum it would be sorted and they would phone her back ASAP. My mum came to visit me today and this was the first I heard of the issue. I told her to get back on the phone to the dealer and ask to speak to a manager. All three managers were unavailable/too busy and the salesperson was out delivering a vehicle to a customer. I told my mum to phone the dealer's central customer service department and raise a complaint. She was dealt with very professionally and was advised to phone the dealer back, explain how she had spoken to the customer service department and if the managers were still available, then proceed wit the complaint. The manager immediately answered, however, would not speak to my mum. My mum and dad bought the car but the car is in my dad's name. The manager then phoned my dad who gave permission for my mum to deal with the problem on his behalf. The manager phoned back and was very arrogant and rude. He told my mum that he was going to sort it, however, if she raised a complaint with head office, he would purposely slow down the investigation into the missing service history. He then kept speaking over her saying "but you didn't buy the car, your husband did" and contradicted himself several times. My mum left the call very upset, stressed and tearful. She immediately phoned customer services and raised the complaint. She was dealt with very fairly and treated like a human. Almost immediately after raising the complaint she received a call from the dealer, apologising for how things had been handled and re-assuring her they would get to the bottom of it. 20 minutes later, she received another call from the dealer offering her an extended 2-year warranty with their network rather than the KIA one... I told her to not accept anything and let the customer complaints department conduct their investigation and reach a formal resolution. The minimum she should be accepting is a 4-year warranty with KIA and nothing from the third party dealership.

Any thoughts or advice on this would be greatly appreciated.

Many thanks.

 

[Transform_IT]

How would she go about rejecting it? She paid cash Friday and has been driving it/using it since. She has proof in terms of the paperwork saying it has a 4-year manufacturer warranty remaining. However, this becomes void when Service History is nonexistent.

 

[Transform_IT]

It doesn't matter, they've mis-sold it, speak to trading standards

Ok. Thanks for the advice.

 

[Transform_IT]

I told her in an ideal world, she would have put the car on their forecourt, handed over the keys and requested her money back. However, she lives in Edinburgh and I live in Lancashire. She is down visiting for half term, which has been planned for months. When purchasing the Kia, she part ex'd her old car. The only mode of transport she has is the Kia. Things were only escalated yesterday after she told me what had happened. Since then, the dealer has panicked and been offering her warranty with them, rather than direct with the manufacturer. However, their warranty is full of get out loop holes... I've told her that if the service history doesn't emerge once the complaint and investigation has concluded. She should then hand back the vehicle or request one to be found that is like for like - but it does include the FSH as originally sold.

 

[Transform_IT]

Is there any precedent for what 'Full Service History' means in a legal sense?

I've heard it argued that in literal terms it means nothing more than it has the full history of the servicing that has been carried out, not that it has been correctly serviced to manufacturers recommendations.

I suppose you're right. But for Kia's manufacturers warranty to be applicable, all services must be carried out either every 12 months or 20,000 miles. Which ever comes first. This hasn't been done but it was sold with 4 years manufacturers warranty remaining. The manufacturers warranty is void at present.

 

[Transform_IT]

Isn’t the lack of servicing a bit strange for a leased car? Unless it was a personal lease but even then I thought there were clauses in the lease to ensure that the vehicle servicing schedule had to be adhered to?

It was a personal lease, however, there is no law to service a car. It may say you have to or need to do it. But at the end of the lease, the individual would be held liable for the lack of service/servicing and no doubt be hit with a bill. I've leased cars in the past and before you give them back they check the car for damages as well as service history. From there a report is formed and it is either settled or a bill is sent for damages etc. This may be the case, but as it stands, no service history is present which means the warranty is now void. If the service history has been misplaced and suddenly turns up, then the issue is sorted. But I highly doubt that will happen.

 

[Transform_IT]

My father is an old school mechanic. However, when a dealer as big as this, tells you it has a full service history and 4 years manufacturers warranty remaining, why wouldn't you believe them?

 

[Transform_IT]

I wonder if it's Arnold Clark.

I couldn't possibly say...

 

[Transform_IT]

Reject and get Trading Standards involved. Stop using the vehicle.

She will ring trading standards first thing Monday. Not sure if it's a different service in Scotland? In response to the "stop using the vehicle" suggestions. Where does she stand with this? She part exchanged her car against this one. So the Kia is her only mode of transport. She is currently visiting Lancashire and has come from where she lives, Edinburgh (which is where the car was purchased).

 

[Transform_IT]

Why didn’t she check the service history before buying it?

She was told by the very well known, nationwide dealer that it had full service history. There was no reason do doubt it didn't. Granted, when buying a car you check these things, but the is or should be a difference between buying from a back door garage, a private sale and a large dealership. The fact you can't trust dealers is crazy. The way the dealership is now acting, tells me they truly believed it had a full service history. But on discovery, they are now trying to offer things surrounding warranties etc. Something I have told my mum to ignore and refuse.

I'm more disgusted at the dealership manager and his attitude. The fact he threatened us that if we complained to head office, he would purposely delay things at his end slowing down the whole process. Or if I let him get on with it, he will get to the bottom of it as he has contacts at the leasing company who had the vehicle prior.

 

[Transform_IT]

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.

 

[Transform_IT]

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?

 

[Transform_IT]

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.

 

[Transform_IT]

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.

 

[Transform_IT]

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.

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.

 

[Transform_IT]

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...