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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Arnold Clark Problems...


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Hi!

 

Im new here and I wish I had found this website sooner!

 

My story goes back to the start of this year. I had found a full time job in October 2009 which I needed to fund the running of a car.

 

The job had a 3 month probation period which I passed with no problems what so ever, the week before my probation was due to expire I started looking around for a car. Fortunately, where I live there are 3 Arnold Clarks within 2 minutes of each other.

 

To cut a long story short, I had found the car I wanted and started to speak with the salesman, who was very helpfull/proffesional to an extent. The total sum of the car and warranty plan was £5825. I had to pay £100 deposit to "see" the car as it wasn't at that branch. All paper work was carried out and signed and I was promised a call back regarding the outcome of the finance application. 2 days later I received a voicemail from the salesman to inform me that finance was accepted without any problems, just had to wait on the car.

 

This is where it goes down hill. 1 week has passed, no sign of the car, give them a call back and they say that there is a delay in getting cars shipped down. 2 weeks have passed, still no sign of the car (Getting impatient by this point). Call them again and they said the guy who runs the depot isnt pulling his weight and orders are still delayed.

 

By week 3 I decide that Ive had enough and I go in and ask them to cancel the order and put the deposit on another car with the same warranty which made the car the exact same price as before. I wait another week, still no sign of the car and I get a phone call from Arnold Clark to say that finance has been declined because I had applied already, they reapplied me for a 6K loan again!. :-x Even though the car was the exact same make/model/price.

 

I decide to cancel the order and get my £100 back. I then ask what the hold up was and they said that on the 1st order, they advised that the car was waiting to be dispatched from a lease company to Arnold Clark. :-x That basically tells me that I had paid a £100 deposit and applied for finance for a car that Arnold Clark didnt even own yet (Is this legal). I just left it at that and thanked the salesman for all his help.

 

I then go to have a look at my credit expert report and my heart sank, my report was destroyed, Arnold clark had caused 7 searches, all for the same amount within 1 month. As you can imagine, this can destroy your credit rating.

 

I feel as if I have been let down badly by such a "big" company, and by the end of it all, I was accpeted for finance the first time on a car they didnt own and then declined the 2nd time because they re-applied for the same amount.

 

Sorry if I kept ranting! I have written 2 letters (Full A4) only to receive a few lines back from the branch manager saying that nothing can be done about it and that each car taken on finance has to be applied for.

 

My main problem here is the fact that I cant apply for credit anywhere for at least a few years now! I am still young and will be looking at renting/mortgages shortly and this isnt going to be any fun :(

 

I thank anyone in advance who can shed some light on what my options are for this nightmare!

 

Cheers! :D

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Hello and Welcome, LB89.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks, wasnt too sure where to post as im a "Newbie" so thought this would be the best section, as I live in Scotland!

 

Cheers though!

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Trading Standards first, then if no joy, the local papers.

Can you tell us roughly, what general area in Scotland you are from. I ask this as I may be able to tell you who in TS to contact. Fife and Perth TS already have complaints lodged on Arnold Shark. Maybe "Raw Deal" in the Sunday Post would help---it's only a few weeks ago that they did a sizeable article on this diabolical company.

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The Arnold Clark in question is the Ford branch in Greenock. I just feel as if they are taking you for granted. Im waiting for Credit Expert to get back to me about the searches on my credit report regarding this matter.

 

Cheers! :D

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Guest Arnold Clark Company Rep

Hi, I have read your post, and would like to help if I can, I would be grateful if you could contact me on [email protected] - and if there is anything I can do to assist I would be happy to try.

 

Kind Regards

 

Alasdair

Arnold Clark Customer Services

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LB89, hope your not in a hurry for help from Alisdair Craig. I reported my problem to him several months ago, and despite email confirmation that he would look into it with a "senior" person, I have heard Nothing since.

I think they are playing "Childish" as they probably found out that I had been to Trading Standards.

I hold a shared opinion that some senior employees of AC will not deal with anyone who has an ounce of intellect in their body.

All this, and my complaints were relatively minor compared to yours.

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Who did they get you finance with the first time?

 

Unfortunately Arnold Clark may be large in terms of acreage but with a backstreet attitude in terms of service.

You can bet your life that the finance they got was with a very high interest company such as 'Yes'.

 

It seems as if they have conned you into paying to transport a car to their Greenock branch. You can reject the car under the Distance Selling Regulations anyway as soon as you see it and they then have 30 days to refund any money paid.

 

I would take no more nonsense from them, take or send a letter cancelling the order again and give them 7 days to refund your deposit. Tell them that if the funds aren't returned within the 7 days, you will issue a small claims summons without further notice.

 

You can email the same to Alastair as well.

Edited by Conniff
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Guest Arnold Clark Company Rep

Scaniaman, I'm sorry if I have let you down, but as I do not know your details I can't make any comment - I would like to try to make things better if you contact me?

 

Alasdair

Arnold Clark

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Scaniaman, I'm sorry if I have let you down, but as I do not know your details I can't make any comment - I would like to try to make things better if you contact me?

 

Alasdair

Arnold Clark

Get Scott Wilson (general manager?????????) to check his emails and all shall be revealed. He says mine come through on spam???

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Conniff, re your post 9# Finance. Maybe not always the case. I told them the apr i was prepared too pay and they got me finance at that rate.

Problems only arose when faults developed on the car and i contacted the finance co. (santander) Then i realised i had not been sold normal HP, but something i had never heard of before called a "Motor Loan". I thought this was just a new name for HP since many old terms are now defunct and replaced with something trendy ( in the younger generations eyes).

It transpired that this Motor Loan was in fact a personal loan, and santander didn't want to know of my problems, as long as the payments were being met. EVENTUALLY, santander wrote me and said they had no interest in the goods purchased, yet they called it a motor loan. Wonder if they would have repossed the car if payments not met. It happened to a woman, as reported in last weeks paper, but i don't know exactly what loan she had.

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Guest Arnold Clark Company Rep

Scaniaman - I can by all means get e-mails checked, but in order to have anything revealed, I still need to know who you are. Therefore, can you email me on [email protected] , with your personal details and car reg etc and I can look into it?

 

Alasdair

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Scaniaman - I can by all means get e-mails checked, but in order to have anything revealed, I still need to know who you are. Therefore, can you email me on [email protected] , with your personal details and car reg etc and I can look into it?

 

Alasdair

 

What a load of rubbish Alasdair.

 

From this forum alone it is obvious that AC have serious customer relations problems in their efforts to maximise sales and profit at the expense of customer service or their best interests. Whilst it is natural that a company should be encouraged to expand I have to say that the Sir Arnold Clark might have got his strategy seriously wrong. Yes he might have got a customer service award but I would alledge this is based on the companys advertising spend, something necessary of course but it still doesn't detract that the board of management seem to be disconnected from the way the customer works.

 

For example, you have the balls to come on here and say tell me your problems, which when happens you don't and secondly this just confirms that you think by posting a pathetic response such as contact me will suffice.

 

I refer to a previous thread where you were challenged to sort an issue out . You have made to the best of my knowledge, no attempt to do this which involved basic checks which should have been carried out in the first place.

 

Ulimatly the problem is that AC need to review the way their sales people operate and get some qualified and switched on people in aftersales.The big problem will be in recruiting these same said people as those in the know don't work for peanuts which is what I'm told AC pay unless you are a sales person.

 

AC seriously need to get their act together.

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Wow Mr. Heliosuk, you sure have hit the nail on the heid. I for one wouldnae work for AC, especially in the workshop. Why? Some of their "General Managers" admit that they have little or no technical knowledge, and one was so ignorant as to suggest that in their position, they did not need it.

What then would be the position, if say, their was a disagreement between workshop staff on a mechanical or technical matter? How could the GM arbitrate if he knows jack all about the product that they sell.

It is an absolute disgrace that people with so little product knowledge should be in a position to take up to £20,000+ from the car buying punters.

Today, cars are not the relatively simple things they used to be. Modern technology requires that all those concerned in the retail side of the industry be fully trained and knowledgable, complete with the appropriate certificates. Retail car sales is the only job i know of where a complete dunderheid in a suit is allowed to operate. (say perhaps politicians).

Noo then, lets be perfectly clear about whats gaun on here. All the clark mob are daen is to play on the vulernability of the average punter. Only the ones with some savy will have found this website. There are thousands of happy clark customers, but i pit it tae you that theres a heck of a lot who are happy in their ignorance of whats really gaun on.

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I believe that it was accepted by Barclays Partner Finance. I have received my £100 refund without delay. Just as well I did or that wouldve been even more hassle!

 

I have had my new car for 4 months now and not a problem with the car so far! I got this from an independant dealer (McMillan Motors in Greenock), and would high recommend them!

 

Im going to send an email of to Alasdair and see if he can resolve anything or get an answer but all I need is for my credit report to be fixed. What can I do to get these entries removed as I beleive they shouldnt be there.

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Conniff, re your post 9# Finance. Maybe not always the case. I told them the apr i was prepared too pay and they got me finance at that rate.

Problems only arose when faults developed on the car and i contacted the finance co. (santander) Then i realised i had not been sold normal HP, but something i had never heard of before called a "Motor Loan". I thought this was just a new name for HP since many old terms are now defunct and replaced with something trendy ( in the younger generations eyes).

It transpired that this Motor Loan was in fact a personal loan, and santander didn't want to know of my problems, as long as the payments were being met. EVENTUALLY, santander wrote me and said they had no interest in the goods purchased, yet they called it a motor loan. Wonder if they would have repossed the car if payments not met. It happened to a woman, as reported in last weeks paper, but i don't know exactly what loan she had.

 

friend has just discovered the same problem...started looking at doing a VT on a car from Arnold Clark only to discover is was not HP as asked for but personal loan (even though the lay out looks just like HP).

 

AND turns out the finance co has registered oustanding finance on the car! They cannot have it both ways!

 

Apologies for jumping in...glad you got your deposit back and hope your credit file gets sorted LB89, and will start a thread on this....just clear this was not a one off :mad:

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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I have emailed Alasdair, waiting to hear back from him now. He has emailed back already asking what branch this occured at but there has been no reply now for 2 days. Will see how that goes!

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I can see nothing in your posts that made 7 searches on your credit file anywhere near necessary....there is the SLOW route to the Information Commissioners (you should complain anyway), inform Consumer Direct (the more complaints logged about arnold clark the better)

 

But a recorded delivery letter telling them to remove the negative entries or you will take court action is the most forceful way.

 

This case makes interesting reading and gives you an idea why you should document everything by letter and back yourself up to the hilt:

 

RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Yes, and i say again, it's not only the VT problem that a personal loan overcomes, it's also FAULTY CARS!!!!"!

In fairness to the salesman, i did not specifically ask for HP, just told him the APR, and said that i might be coming into a bit of money before the agreement concluded so i would want to pay it off without any hassle or large termination fees. But it was the term "Motor Loan" that got me---how can it be a motor loan if it's a personal loan?

 

Thanks to this site, i have had a call from Mr. Craig, but don't know how long it will take to review my complaints. Thankfully, (time wise????)my problems are somewhat less than BP's. Maybe have to get Mr. Obama on my case!!!!

Edited by scaniaman
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scaniaman, I beleive that a motor loan as a restricted credit line (i.e provided for one purpose only, the car) with the money paid directly to the garage means that the dealer and finance company share joint and several liability under soga and the CCA sect 74( i think) regardless of HP or not and dont let them tell you otherwise. Although i dont know the case details this has been proven and is why they record the car details. Not got a copy ot the CCA to hand but beleive its a clear case of implied terms.

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