My situation - any advice

[andy]

This is a wierd one and I may well be thought clueless, but what the hell - there are obviously some very knowledgable people here and any advice would be gratefully accepted...

Are we all sitting comfortably? Then I'll begin...

For almost the entire time I've had a car, it's always been a company car. With the change in company car tax to emissions based, it was costing me a fortune and I decided to opt out and take the alternative car allowance. Last July the company car lease expired so I was free to take the allowance and do what I wanted. One thought was in mind - WRX

I shopped around looking at various options and eventually went with Personal Contract Purchase through Clark Autolease in Dunfermline (who shall hereafter be called "those f***ing cowboys"). Monthly payments for three years no problem and a balloon that should have some residual left.

When I sent off my letter with my deposit cheque (over £1500) there were some caveats attached indicating that if they cashed the cheque then they accepted them. Amongst those caveats were "The vehicle will be to UK spec", "the vehicle will be delivered on the day specified" etc etc.

The Scooby turned up, albeit a day late and even then with no road tax. I got some excuse about it being taxed and the disc being lost in the post, but given I park on private land and was desperate to get my hands on the Scoob I took the chance. The tax disc did turn up, but was dated after those f***ing cowboys said it was and I had to drive to their office in Dunfermline to collect it.

All this, however, is irrelevant compared to the bigger picture. When the Scoob turned up there was NO documentation. No manual, no service book. Nothing. I was told these would follow in a week or so. A month or so later I phoned them to say it was nearing 1000 miles and to ask if it needed an initial 1000 mile service. I was categorically told "Those days are gone - it's 10,000 miles for the initial service these days". I did think that strange for a performance car, but hey - they supplied it. They should know (this is the bit I feel a bit ignorant on )

I drove on, still thinking it was strange, but taking their advice. After much chasing I eventually got the manual and service book. On looking at the service book I found the car was an import from Cyprus and as such not eligible for the free servicing offer from Subaru that I expected. The service intervals were in kilometers so I phoned Subaru to find out that yes, an initial service should have been carried out at 1000 miles. Uh oh. I was now at 6000 miles. Invalid warranty.

I went straight back to those f***ing cowboys at Managing Director level and actually have a letter from him admitting I should not have been told it was 10,000 miles - i.e. admitting liability.

They said I should send the service book back and they would have it stamped as though the service had been carried out. I know it wasn't. I see this as falsifying information and feel that if I were to sell the car on then it would be tantamount to fraud to claim it had a full service history when I know it hasn't. BTW, the service book was sent back to them in November 2004, the 10,000 service was carried out by Town and County in Aberdeen and 6 months later I'm still waiting for the service book to be returned....

Sorry for such a long story, but as a newbie to a Scooby (poetry!) I'm looking for some guidance. Is an import from Cyprus "UK spec" for starters. Is giving me false advice that legally invalidated the warranty grounds to reject the car and insist on a replacement. Should I be talking to a solicitor - well yes, but that's bloody expensive so I thought I'd pick your brains first

[st3ph3n]

If you don't mind me asking - how much did you pay for the car andy?

Mine is a Maltese import picked up from Motorpoint in Glasgow. It is a MY05 (I got it in December) and is UK spec with the excpetion of no alarm as standard, and no side airbags in the seats. If you got yours in July then I imagine it's an 04 and as such the only difference is the Alarm (as far as I'm aware). But therefore it is not "to UK spec" as far as the law would be concerned.

Was cyprus in the EU when you bought the car? If so then it has the pan european warranty, but as you didn't follow the servicing intervals it's probably invalid as you say.

From my personal experience, and that of a friend who also bought a WRX through motorpoint (after seeing mine he couldn't resist), the warranty and servicing book took about a month to turn up, and included was a letter from Subaru Malta, and a copy of the original sales invoice (sans the price obviously) from the country of origin. This last piece is particularly important for proving the car is eligible for the pan euoropean warranty. Which is now invalid on yours anyway.

If I was in your state - Citizens advice would be my next stop, armed with as much paper work as you can get your hands on.

Perhaps also deciding on a goal of what you want out of the situation. New car? Money back? For them to unf**k the situation?

You've definetly been shafted, so you need something back.

PCP as well. eeeeeeeep. People seem to try that once then never again.

[~ ~ Cal ~~]

Andy,

Here's a handy link to trading standards which you help your plight......

Threaten to contact BBC watchdogs if necessary ( after carrying out some research to see if you have a case)

Good luck and keep cool.

Cal

[Gumball]

Andy

I'll try and keep it short.

I bought a black wrx from a garage in the east end of glasgow?? I bought it based on the fact that it MUST come with subaru uk warranty. or no deal.

this was a dutch car. sure enough, 5 months in the big-end went! i tried to trade it in to arnold clark. the garage said, wheres the warranty book? you tell me.

wheres the 1000 mile service? you tell me.

I adopted a ruthless attitude with them until they managed to register it through subaru uk. Never heard anything else after that. they must have sorted out between them.

But really-

1. get it registered uk (they can do it)

2. speak to a lawyer. cheaper potentially than a 3k 4k 5k bill for some engine rebuild....................

3. track down arnold himself, hes always about and confront him

Dont know what else to suggest, bt thats why now im mr warranty. only prodrive in my new sti!

Good luck andy

[MikeABZ]

Hmmm, I am lo legal eagle, but....

1. you asked for a UK spec car, which indicated that you were aware it may be an import, but were happy so long as it was to UK spec... You never specified it had to be a UK car... However, if there is the alarm difference, then it was an import at less than UK spec...

2. you bought/leased etc a car with a manufacturers warranty. You now have an invalid warranty due to the delaer you bought it from making an incorrect assumption. They then falsified the service book to attempt to remedy the problem. (this is great news in itself for you; do AC want the public to know they falsift the history of cars they are responsible for?? )

In closing, members of the jury , I deduce that your car does not match the description given at sale, which is in contradiction to the trade descriptions act 1968; you bought, what you were told, was a new car with MANUFACTURERS WARRANTY that was agreed to be of the same spec as a UK SUPPLIED CAR. No alarm = not to UK spec. No initial service = invalid warranty, and it was on AC's instructions that the service was missed by 5k and therefore your warranty is invalid.

Have a look here for more info; DTI Website

Hope this is of help to you

Mike

[andy]

Cheers Guys - I should point out that Clark Autolease are nothing at all to do with Arnold Clark. They are a subsiduary of Clark Commercials, an Aberdeen based firm owned by one Graham Clark. Don't want folk thinking old Arnold was behind this!

[Gumball]

arnold clark werent anything but reasonable with me either but clearly arent scooby experts.

halleys, nobles all the way for me

[andy]

Received this today from a different guy. Sound of serious backpedalling:

Having looked at the problems, and appearing to have a ridiculous level of co-operation from Subaru themselves with never ending broken promises, I now wish to take full control of the problem, and resolve it this morning.

Bearing in mind the problematic time you have had in securing confirmation of your vehicles warranty, we will (free of charge)upgrade your cover and organise a 'Lifetime Warranty' to be processed on your car - this means that as long as you own the car (be that 1 or 20 years) you will have Warranty Cover for the complete duration - we will issue a new Warranty / Service Booklet for you this week, which I will ask our Aberdeen Office to raise and post out to you over the next few days.

Please ensure that the new Service / Warranty book is stamped at the appropriate Manufacturer recommended intervals, as this will ensure the continuous Warranty Cover for you.

Please accept my apologies for the delays in resolving this for you, but having had such a dis-service from Subaru, this has resulted in a significant drop in our service level to yourself.

Now I, personally, have had only one dealing with Subaru and that was Town and County in Aberdeen carrying out the 10,000 mile service and I thought they were bloody great. No complaints over service, pricing or anything else.

I did, of course, reply to this latest message:

I appreciate you getting in touch, but you can now put this on hold pending clarification from Subaru UK and legal advice.

Clark Autolease did not supply me with the necessary documentation to have services carried out at the manufacturers specified intervals at the time of delivery. Clark Autolease subsequently supplied me with incorrect information regarding the servicing of my vehicle. I have confirmation admitting liability of that in writing from your Managing Director. Clark Autolease subsequently invited me to partake in falsification of documents relating to my vehicle by having the service book stamped saying that an initial service had been carried out to manufacturers specifications in the full knowledge that was not the case. How you can blame Subaru is beyond me.

However, a more serious issue has arisen - When I sent my cheque for the deposit on this vehicle to yourselves, I attached conditions on the cashing of that cheque. One of those conditions was that the vehicle to be supplied was of UK specification. Having done some research with the Subaru Impreza Drivers Club it would appear that my car, being an import, is NOT to UK specification and that one of those failures to meet UK specification may invalidate my insurance. (This is around the alarm system fitted to the vehicle). If this is the case then it is obviously a serious matter.

In cashing my deposit cheque you accepted you would supply me with a vehicle to UK specification (and my legal advice confirms this). I appreciate that the other advice I have had is from Subaru drivers, albeit drivers with a dedication to, and a lot of experience of the marque and that they cannot answer officially for Subaru UK. As such have now written to Subaru UK explaining the situation fully and asking them for clarification.

[Croc]

sounds like a result.

other thing to watch is that if you DO accept their offer of 'lifetime' warranty (which would be expensive for them, and not a bad outcome for you) then it only be for you - ie if you sell it on, there will be no warranty. Also need to check what is actually covered in the warranty - ie a worn out clutch after 7 years will not be covered, may also have max value of claims under warranty too - need to check its terms before agreeing. YOu may even fnd that no 1000 mile service invalidates that too

also - if this does go belly up, and Subaru end up going after these guys, then you should weigh up the danger that the company is ruined by it. I've no idea how big the company is, but it wouldn;t surprise me if they did not have a huge balance of cash and it sounds like they are well shoddy.

I'd be tempted to try for

1. the warranty - (& try get it transferrable) - and see terms before agreeing to it -

AND

2. cash compensation - this will draw a line under it for you, and decrease exposure to them as a company

OR

3. them to buy the car back off you, with compensation. I know it is hassle, but if get what you paid for it (or more?) then can go to a proper dealer

to help persuade Clark, you could spell out the possibility of

- trading standards

- fraud

- then trying to conceal fraud

- even if guy you are dealing with now says the chap who made the offer earlier was wrong/not able to make the offer - no matter, company is responsible for actions of its employees during the course of their employment (apart from some outlandish exceptions)

weak spots in your case could be if they open up technical arguement aboutthings like define UK spec - (the UK alarm is fitted after manufacturing) Doesn;t matter if you are right, and tehy are wrong, they could tie you up for a long time. Then if you win, and they go into liquidation etc, then you still lose, cause there is no money.

p

[p3dro]

<< Threaten to contact BBC watchdogs if necessary ( after carrying out some research to see if you have a case

Cal >>

BBC watchdog generally needs lots and lots of complaints before investigating but might be handy to start the ball rolling.

I get customers saying they are going to take me to watchdog because thier flowers died after 4 weeks????? Never even had a call from the bbc in god knows how many years.

[gordon_kerr]

<<

<< Threaten to contact BBC watchdogs if necessary ( after carrying out some research to see if you have a case

Cal >>

BBC watchdog generally needs lots and lots of complaints before investigating but might be handy to start the ball rolling.

I get customers saying they are going to take me to watchdog because thier flowers died after 4 weeks????? Never even had a call from the bbc in god knows how many years. >>

Textft>

artificial flowers aint meant to die though pedro