Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I placed an order on 22nd November 2008 for a second hand Lexus with Arnold Clark Motorstore in Preston. The car was located in Scotland and was to be delivered to Preston. I clearly stated that my agreement to purchase was dependent upon the car being inspected and approved by my mechanic. The order form included the words "supplied subject to mechanical inspection and test drive". A fully refundable deposit of £100 was paid.
The car was eventually delivered to the mechanic on Friday. His opinion was that the car was in poor condition and had quite a number of mechanical and bodywork problems. He strongly advised me not to purchase the car. I informed Arnold Clark that I would not proceed with the sale.
I then received a phone call from the sales manager ultimately threatening me with court proceedings to recover the full outstanding balance on the order. The contract only specifies claims for loss or expense.
As the agreement clearly involved approval of my mechanic to the purchase does Arnold Clark have the right to sue me?
Do you have a copy of the order form?
If the answer is yes and those words are on it then send them a letter asking for your £100 deposit back or you will take them to court.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
I do have a copy of the order. It includes the words "subject to mechanical inspection". In all conversations with the salesman I specified that the vehicle would have to be inspected by my mechanic. The wording could be interpreted in a number of ways. However they were happy to delivered the car to my mechanic; they just didn't like his findings (incidentally the mechanic is banned from the Leyland branch for finding too many faults with Arnold Clark cars). From what you have said I think I have a good chance of getting the deposit back.
They have no reason to take you to court, you haven't done anything wrong, owe them money or anything like that.
All you have done is put down a deposit for a car subject to mechanical condition and a test drive.
The mechanical condition wasn't what it should be so you don't wish to purchase thank you.
You don't have to have a reason to not continue with the purchase, (I try cheese in Asda all the time but I don't have to buy any), I think you are 'assured' of getting your deposit refunded.
Send them a recorded letter asking for a refund by return. If they don't respond then the next letter will be a letter before action to recover the deposit.
How did you pay the deposit?
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
I have not had time to compose a suitably pointed application to Arnold Clark due to health problems with our new grandson - a lot of my time has been spent in various hospitals. I will defer any action until the new year and let you know the response then.
In the interim have a happy, peaceful and stressless Christmas. Hope the new year brings better times.
Beware -Arnold Clark--Remember--Promises Delivered!! So they may try threatening to Court you. Unless you agreed to pay transport of car from Scotland then they have nothing on you. If debit card is VISA, you may be able to do clawback through visa if AC won't refund deposit. Not meaning to be cheeky, but why buy a Lexus when there are still some good cars out there?
PS. In Scotland, there seems to be a trait of calling many rouges "SIR" as in sir arnold clark.
Have finally had a chance to send letter to AC claiming a refund of the £100 deposit. Sent on 19th January; will give them 14 days to reply and then will issue further demand.
I had a very reliable Lexus that performed beautifully on the motorways. It had 202K miles on it when I traded it in for another Lexus. What do you regard as good cars?
Amazingly I had a phone call from the general manager of the AC Preston branch, apologising for the behaviour of the Sales Manager, who is no longer employed as Sales Manager. He promised to check with his accounts department (delaying?) on Monday to see if the deposit had been refunded and if not he would authorise its return. I am somewhat more hopeful of getting the money without legal action.
Despite the call from Arnold Clark's General Manager in Preston I still did not receive the refund. I wrote again giving 14 days notice of court action and have finally taken the matter to the county court. The claim was issued on Friday 6th March and hopefully I will see some result soon.
Well done. Don't forget any cost you have incurred are to be added onto the amount claimed.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Judgement was issued yesterday. I assume I will have to get a warrant issued in order to get payment as Arnold Clark have ignored the court up to this point. They also mustn't care about the judgement being published. Strange company. I will advise when(or if) I receive payment - I notice there are one or two others thinking of going the legal route.
Arnold Clark finally refunded my deposit plus interest/costs plus court fees. Unfortunately for them I had already requested a warrant of execution so they will now have to pay an additional £55 on top of the original court fees. Rough justice but I am sure they do not care. Thanks again for the original advice - it has been worth causing them some grief.
This would be a good time I think to get these out of the cellar and back into the daylight.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Arnold Clark - threat of legal action
from the sales manager ultimately threatening me with court proceedings to recover the full outstanding balance on the order. The contract only specifies claims for loss or expense.
Reply With Quote
Re: Arnold Clark - threat of legal action
