Arnold Clark - PCP (returning vehicle?)

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Hi guys,

My wife bought a car from Arnold Clark and within a few days the brakes began to grind (new MOT), the exhaust was rattling and the agreed service hasn't been done (hole in air filter).

Rather than mess around and avoid any further issues with bodged repairs, we have asked to return the vehicle. We highlighted the issues in first 3 days, but they only just got back to us 10 days later (after countless calls and emails). They have said we can't return the vehicle, but will rectify the issues. We don't trust they will do a proper job and are reluctant to trust them.

It is a PCP deal. Where do we standard legally?

Thanks,

T_IT
 
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Car wasn't sold in a road worthy state thus voiding the agreement of sale.

Also the service wasn't completed as agreed as part of the sale so they've broken the agreement of sale.

If the car is on PCP you could try going through the finance company to force their hand to return the car.

I assume you havnt been driving the vehicle so the value has not been reduced by additional mileage
 
Yes - Had you (or, have you now) stopped driving the car on day 3 and said car is ready for their recovery, as you might have done if you questioned the brake safety of the car,

if not you are somewhat implicitly accepting you will give them opportunity for repairs.
 
Did you buy it remotely and have it delivered? If so, you can return/reject it within 14 days without giving a reason.

If you bought it in person, you have to give the garage one opportunity to rectify the fault(s). If they fail, you can reject it.

In terms of PCP agreements, legally you can cancel them within 14 days, but this just means the finance company will invoice you for the full price of the car for immediate payment.

Regarding the service work, did you not check this had been done on delivery/collection?
 
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It depends how serious a fault the brakes were. This article states you can reject a used car within the first 30 days if it has a serious fault. A rattly exhaust isn't serious. A hole in an air filter or lack of service before sale isn't serious. So it depends on what you mean by grinding brakes.


I would also make it clear to the dealer that you don't simply wish to return the car and asking them to agree to it, but are rejecting it under consumer law. But, as mentioned, I think it does depend on what the issue was with the brakes.
 
If you bought it in person, you have to give the garage one opportunity to rectify the fault(s). If they fail, you can reject it.
No you don't, if it comes under serious faults you can hand it back and walk away. The problem is unless it completely makes it unusable then what's the definition of a serious fault.
 
No you don't, if it comes under serious faults you can hand it back and walk away. The problem is unless it completely makes it unusable then what's the definition of a serious fault.

Yes, a lot of these issues are subjective.
 
No you don't, if it comes under serious faults you can hand it back and walk away. The problem is unless it completely makes it unusable then what's the definition of a serious fault.

Brakes that grind are considered a serious fault, I'd say it's pretty imperative to have the ability to stop sufficiently

This should also have been picked up by the mot assuming the MOT was done as part of the sale.
 
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Brakes that grind are considered a serious fault, I'd say it's pretty imperative to have the ability to stop sufficiently

This should also have been picked up by the mot assuming the MOT was done as part of the sale.
Could be a simple as a stone in the pad.
 
Update:

We spoke with the garage and requested to return the vehicle, they convinced us to have the car assessed by a local garage (Arnold Clark). They agreed to put the exhaust rattle/squeak, paintwork, brake issue and service items right. We reluctantly agreed for this to happen. We sent it in, got a courtesy car and the same day received a call to say the work had been complete. We attempted to pick up the car after 17:30 as agreed at the time of it being dropped off, only to be told the service desk is closed and we'd need to return in the morning. We said this isnt possible due to work commitments and they said it wasnt a problem. The next morning my wife received a call asking for the courtesy car to be returned immediately, which she said isnt possible due to being at work. They said, "can your manager not let you out for an hour?" Which my wife replied, "no". They brought the car to her place of work and collected the courtsey car. On return of the vehicle, there were further scratches kn the door handle which werent there previously. They explained that the exhaust can't be fixed and they needed to order a part and the paint can't be done and needs to be booked in at an independent paint shop.

When my wife drove home the brake squeal that was apparently fixed was notably worse than before. She contacted the garage and said she had, had enough of the messing around and based on the poor attempts of repair and non booking for the agreed paint work as well as the mechanical fault on the exhaust (which still needed to be rectified) she wanted to return the car. The dealership manager never replied or returned her calls. She escalated it to Anrold Clark as an official complaint - it has now been over 30 days since she collected purchased the car. Arnold Clark logged the complaint but said the Dealership manager had to deal with it and there is nothing more they can do.

He finally phoned back today and said she couod return the vehicle.but he needs to orga ise it with head office and would phone her back in the afternoon. She never received a call back, so she phoned him and he had gone home. She phoned customer services who said he had phoned them and told them he had sorted it and my wife has agreed to have the work done. Earlier that day, when he phoned my eife he told her she couldn't return the vehicle because she had agreed to have the issues fixed. She corrected him, saying he convinced they would be fixed and she reluctantly agreed. To which he the issues are still not fixed and there is no date in which they are booked in to be fixed. He then agreed this would be sorted and she could return the vehicle.

We have requested several times to return the vehicle but the branch are refusing or avoiding us.and the customer care team are telling us we need to deal with the branch. Based on your knowledge, not opinion, how are we best proceeding? The car was taken out as a PCP deal.

Thanks.
 
Speak to the dealer principal at the branch. Try and do this in person and, with a pre-arranged appointment with the DP rather than just turning up.

Explain this all to the DP

Start from there.
 
Arnold Clark are notorious for extremely bad aftersales, not nicknamed Lying Snark for nothing. They'll bend over backwards for a sale, but as soon as there's a problem you're in for an unpleasant time.

When we had an issue I went to the local branch in person as I knew they'd try and deflect etc. They really don't give a crap.
 
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