Arnold Clark's Error Leading To Reposession

[Lannister1234]

Hello,

last month we purchased a vehicle from Arnold Clark and part ex'd our own vehicle.

 

 

Prior to agreeing to buy we made the salesman aware that I only had a provisional license and asked would that be a problem with the finance

(my wife would be the main driver until I pass my test with me driving it provisionally.).

The salesman said that wont be a problem, the vehicle just has to be comprehensively insured.

 

We submitted all information for a credit check and we received a call the next day from the salesman that the finance had been accepted

and asked if we could come in to sign the agreement and pay the deposit.

 

 

We did so and the salesman said everything was fine, the car was signed over to us and we supplied all the documents that we were asked for.

We collected the car a couple of days later and left our vehicle with them.

 

A couple of weeks later AC called me to say they needed proof of comprehensive insurance where I was the main policy holder.

I said I dont have that because my wife is the main policy holder and I am a named driver.

 

 

AC said that the finance company wont release the money to them until they have proof that I am a main policy holder

and that the car would have to be repossessed if we cannot.

 

 

I informed him that on my copy of the finance agreement it only states that the vehicle has to be comprehensively insured,

it doesn't say that the owner has the be the main policy holder.

He said "yes but that doesnt matter because on the new document from the finance company it says you need to be the main policy holder".

 

They are threatening repossession if I dont pay for comprehensive insurance in my name

which firstly we cannot afford to do that and secondly out of principal of the agreement.

 

 

The funny thing is they said the finance company are threatening repossession and I said

"so a finance company who has currently made no investment in this vehicle has the right to take my car away."

to which AC said that

"well not it would need to be returned to us"

to which I replied

"so AC will repossess the vehicle?"

 

 

and after umm and arring they would not give me a straight answer as to who would be repossessing the car.

 

Any advice would be greatly appreciated and if they can repossess where do I stand with my deposit and part ex'd car?

[Conniff]

You can bet your life the finance company 'aren't' threatening repossession, that is a bit they tagged on to frighten you because they made a cock up.

 

Ring the finance company and tell them exactly what was agreed with AC and ask their advice.

[queensclose]

have you spoke direct with the finance company.

[Lannister1234]

No I haven't but on speaking with Arnold Clark on the phone they have used two different names for the finance company that they are dealing with which is odd

[i hate bailiffs]

No I haven't but on speaking with Arnold Clark on the phone they have used two different names for the finance company that they are dealing with which is odd

 

Stay off the phone unless you can record the calls in writing only

[Lannister1234]

They seem to refuse to email us as we have emailed them a number of times but with no response

[i hate bailiffs]

They seem to refuse to email us as we have emailed them a number of times but with no response

 

Send it in the post

[scaniaman]

No, that's not right. I was informed in no uncertain manner that their salesmen are fully trained, so an error could not be of their making. LOL LOL

Have you considered telling them that you will return the car once your deposit, in full, has been returned, along with your old car.

This way you would be completely clear of that dire outfit.

[Conniff]

No, that's not right. I was informed in no uncertain manner that their salesmen are fully trained,.

 

 

You come up with some cracking jokes Scania

 

 

Plus, if they haven't paid AC yet, how can they repossess something that doesn't belong to them

[Lannister1234]

I had been promised a call from the sales manager today but despite calling for her twice I'd not been able to speak with her directly,

only a receptionist telling me that she is trying her best to deal with it and will call as soon as she has sorted it.

 

 

From the moment we signed those papers AC have been absolutely useless and fobbing us off at every turn.

And now they won't speak to us because they have to admit that they messed up.

 

 

We're not demanding money back or after compensation we just want to be able to pay our monthly payments and keep the car.

[stu007]

Ah good old Arnold Clark make a maladministration error but its the customers fault and they only discuss things on the phone in the hope the customer doesnt record calls so will therefore have no proof of what was discussed.

 

STOP talking to these people on the phone (unless you can record the call) you want a good paper trail as it seems that you are only dealing with the dealership you purchased the car from so are more than likely trying to keep their maladministration error in house so Head Office is unaware of this problem.

 

Make a Formal Complaint in writing to the Arnold Clark Dealership and send copies of the letter to Arnold Clarks Head Office and the Finance Company, also ask the dealership to confirm the full details of the Finance Company and to confirm that they still have your Part Exchange vehicle.

 

Ensure to keep copies of all letters and get free proof of posting from the post office you need to keep a good paper trail

[Lannister1234]

Update from AC.

They have found a new finance company and they want me to go in to sign the documents. They explicitly said on the phone (which I have recorded) "you do not own this car". I will go into to look at the papers but as far as I'm concerned I do own this car. Have they just dropped a ball and realised they've given me a car for free and they can't actually take the direct debit payments without backing from a finance company? They want me to come in tonight and I've said I can't as im busy but will try tomorrow, the guy sounded very frustrated. I'm not trying to get this car for free, I am happy for the payments to go out my bank based on the agreement already signed, I just don't know if i have to sign a NEW finance agreement with another finance company.

[Conniff]

Check the interest rate and the terms and conditions before you sign

 

 

It could be this one has a much higher interest rate so AC gets a bigger commission. The whole thing could've been a set up from the beginning.

Of course he's frustrated, he don't get his sales bonus until you sign.

 

 

Ring the original finance company now and see what they say.

[Lannister1234]

Well they just walked into my place of work, with a new finance agreement, they demanded I signed, I took the document but said I will read it first and the guy went away. Another person called and said it will be reposessed if it's not signed by tonight. I just need to know can it be reposessed at this point without written warning?

[scaniaman]

It's up to you mate, but I know what I would be doing in your circumstances. If you sign this it will mean your signature is on two legally enforceable documents!!!!!!!! Do yourself a favour and get rid. If this is how they treat you just now, imagine if you have a complaint with the car----what chance would you have with them????? Get out whilst you can.

 

 

PS. If you do decide to stay in this deal, make ABSOLUTELY SURE the finance is straight HP---not a personal loan or a "Car Loan" by Santander.