Thread: Arnold Clark may have voided contract?

Hi all,

Not sure if I have posted this in the right forum but anyways here it goes. I passed my driving test back in july and in August I set about going to buy a car. I found a great corsa at my local Arnold Clark, I managed to secure the finance and I went away with a new used car.

Weeks later I received the finance papers and the papers from Arnold clark and these were filed away. Now go back a couple of weeks and I begin reading the car manual as I wanted to do some servicing. The car was last serviced before I took delivery, the mileage was at 32,500. Great. Not so. Those papers I filed away were calling me and I went and had a look, the car milage on both the finance docs and the AC docs said the mileage was 28,000.

I began to see red at this point and started cursing myself for being so stupid. Then i started to think that maybe this contract is not void. The finance docs clearly point out my rights and it reads

"The consumer credit act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order."

Also,

"If you have received unsatisfactory goods or services paid for under this agreement you may have a right to sue the supplier, us or both"

I feel both these statements ring true for my situation. Today I decided to speak with the finance company and they seemed a little concerned by this. As part of the finance application they have a record of the mileage, which is 28000 on their books also. The nice lady said that I should speak with AC tonight and try and resolve it. She also said that if I got no where with AC then I should write to the them and they will try and do something.

Now I spoke to AC tonight and they said they would look into it and get back to me. I voiced my concerns that the car should've been priced less and that the contract maybe null and void. Guess what they didnt bother calling me back.

So here i am, can anyone give me some advice. I feel really stupid, the car is fine but I feel as though I have been taken for a ride on inexperience in cars. This was my first car and I have truly been ripped.

To summarise, they sold me a motor claiming the mileage was 28000 on their documents, AC have also told the finance company that the car had 28000 miles on the clock, which the finance company can confirm. The finance company have probably paid out more money than what they shouldve done. The cars service book says the car was serviced at 32500 dated and stamped at a time before i picked it up.

Do i have any rights or am i screwed?

Thanks

HS

Similar Threads:

• Arnold Clark
• Arnold Clark taking me for a ride
• Arnold Clark - again!!
• Mis-sold Arnold Clark Warrenty
• Car insurance voided

This can be a little difficult.

I presume that when you bought the car you were aware that it had actually done 32500 miles - i.e. this is what it said on the odometer?

If this is the case then it would be difficult to argue that you were mislead. The price paid by you is irrelevant because whatever you paid this was agreed between the dealer and you knowing the true mileage.

There is nothing I am aware of which would invalidate your finance agreement by this error. I am not sure if the mileage is actually stated in your agreement, but even if it is, I assume that the rest of the vehicle details are correctly stated - sufficiently to uniquely identify it. If so then the agreement is likely to be judged as valid.

I think the aggreived party should be the finance company themselves, who it seems were not party to the correct mileage.

As you seem otherwise happy with the car I would press ahead with your complaint but take it as far as trying to get a free tank of fuel or a free service out of them.

If of course you also had been made aware of the incorrect mileage then things may be a little different, but this would also boil down to whether any mileage was described as genuine etc.

I see what you are saying. I took the word of the sales assistant,the mileage on their computer system and what was on the papers. At the time i didn't even notice the odometer numbers, silly i know.

The mileage is stated on the dealers agreement and the finance agreement.

The documents represent my vehicle as it states the chassis number etc, but then again the agreement should represent the cars state at that moment in time. I have agreed to be supplied with goods which are not fully represented in the contract.

Does that make sense?

So was the mileage on the dealers computer system 32500. Did you know the correct mileage when you agreed to the purchase? This is the most important point.

I suppose the bottom line is - do you still want the car? If so then take it up with the dealer that you have been mislead and see what they will offer you as redress (if anything). Once their position on the matter is known then you will be better able to plan your next move.

Originally Posted by ReasonableRon

So was the mileage on the dealers computer system 32500. Did you know the correct mileage when you agreed to the purchase? This is the most important point.

The mileage on all their systems was 28000, even the website said that. Foolishly, i took their word on the mileage being correct. I did not know the correct mileage.

OK - that clarifies it for me. You may well have a case of the vehicle being misrepresented. How long have you had the car? If you have been using it for some while then you could have deemed to have accepted it.

The other thing is that if you intend to reject the car you need to stop using it.

I still think that a properly worded letter to the right person at AC may provoke some offer from them.