MY STORY
I received a fine for failure to have an MOT certificate whilst I was at college on Wednesday 24th Feb. I had completely forgotten about the renewal of the MOT due to the amount of stress I am under at present and immediately booked the car in the next day. The car failed and would cost me nearly £1000 for work to be carried out; money which I do not have…. I asked a friend for advice and her husband took the car and carried out a service; however the car still failed the MOT on 9th March.
Later that day on the 9th March I asked a friend to accompany me to look at cars over at Carcraft at Lakeside, they are not tied to any specific main dealer and I thought they had a range of different cars so I can look at what I needed. I also thought that such a large company would advise me on what is best suited to my needs and intended use.
As soon as I arrived; together with my two children, my friend and witness Mr P Scott, I was met by a salesman “Danny” who pounced on me immediately and started quizzing me about my situation. I outlined the problem that I had with my present vehicle and said I would just like to look round. I had never purchased a car before and did not know the first thing about what to ask or look for; only that I had a “S” reg Volvo S40 and normally would cost me £40 in petrol a week and road tax is just under £180 a year. I need a car for picking up my children from school, running the children around locally to and from friends, clubs etc., and for making local deliveries for my work.
The salesman kept coming over and this time wanted to know my old car registration number; when I asked him he replied “so I can look up how much it is worth as part exchange! ” At this point I did mention that it had no road tax….
I looked around at the cars and there were 2 that were priced around the £5000 mark; which was the lowest price they had. The salesman kept harassing me and questioning me about “what can you afford a month? ” I did mentioned that I was living off benefits and that I do not have an income ….. The salesman failed to listen to me at this point therefore replied £25 a week - hoping that he would say we can’t help you and that he would leave me alone ……
With one car in particular a Chevrolet Tacuma Estate 2.0 CDX I ask the salesman if the fuel consumption and road tax was the same as the Volvo S40, to which he replied “yes, exactly the same”. I can confirm and my witness can confirm this conversation. Looking back now I can only assume that the salesman “Danny” mislead me into thinking that fuel consumption and road tax was similar to the car already in my possession just to obtain a sale.
The salesman engaged in, what only I can describe as, a highly aggressive selling technique to pressure me into buying the car by constantly asking me “how much I could afford a week? ” and failing to inform me about a car that was suited to my needs. After over an hour I sat down with the salesman and gave the salesman my personal details and mentioned that I am self employed and do not have any accounts as the business is just over a year old; I also mentioned that I was living off benefits and due to my financial situation cannot get credit. Danny then asked me what I did previously before becoming self employed and I told him that I was a floristry lecturer at Hadlow College; I thought that because I was self employed for less than 2 years he would need a reference, therefore proceeded to give him the information …. He then went on to say “Oh yes … that will get you your credit! ” I then turned to my friend and said … “surely it is not this easy! ”
The salesman approached his “number cruncher” colleague and after 20 minutes came back, looked around and said to him “so you’ve reduced the price! ” ….. “yeah, ok, I’ll tell the customer you’ve reduced the price…” Danny then told me that the price of the car had been reduced by £1, 000 and they would throw in 2 years parts guarantee for free.
I was then led into a different area “the finance lounge” after being with the salesman for over an hour and kept me waiting yet again; the children were hungry and tired at this time and all I could think of was I just want to get out of here! ”… in total I was there for about 4 hours.
The finance women led me into a sealed room and rushed thought the credit agreement and got me to sign many, many papers; which I never received copies of! At this stage I was exhausted from the whole experience and kept thinking of the children outside… all I wanted to do was get out of the room. She thrust some more papers under my nose and then told me to read through them and sign them; she left stating that she would be back shortly; however it seemed like ages. I brought the car on disadvantageous terms than I would have otherwise done so (credit finance deal) although it worked out £108.97 per month I realised that the APR was 26.28% and would have to pay back a total of £7812.20 on a loan for £3990.00
The next morning (10th March) after I had purchased the car I looked on line to find out prices of cars similar to the one that I had brought. I went onto Autotrader and noticed MY car advertised for £4, 295. The forecourt price was £5, 995. I questioned the salesman, only to be told “that price didn’t include the 2 years guarantee; which I have now found out only covers £300. Again, I think that Danny’s misleading actions forced me into buying a car at a much higher price and on a more disadvantageous term than I would have otherwise done so.
Also on the same day I contacted DVLA to find out the cost of the road tax, only to be told that it was over £400 and that the fuel consumption was only 20mpg.
On the 11th March I contacted Carcraft and asked if I could exchange the vehicle for something more economical and suitable for my needs as the salesman had sold me a car that was totally impractical for my needs; I explained that the fuel consumption and road tax was practically double what I normally pay on the Volvo S40 and that the salesman had misinformed me. The salesman mentioned that they would buy the car back off me for £3, 000 and if I was to put MORE money into the deal I could have what I want…. What I wanted was to have a car that was suited to my situation in the first place after explaining the situation to the salesman in the very beginning. I feel that whatever car they sold me would have been completely irrelevant .. It was just the financial transaction that matter; at such a ridiculous rate of interest.
I tried desperately to reach a mutual conclusion at this stage and contacted them several for several days following to try and attempt a successful conclusion for both parties; however all I received was aggressive and verbal abuse from the customer service department and the salesman themselves; stating that there was nothing I could do as they had no written complaints procedure. I also tried may organisations, which all advise me of my rights and what action I could take.
On the 28th March I was literally at my wits end; I had not been sleeping and now under the doctors for depression due to the distress and upset caused Car Craft; I therefore decided to email them on the to say I was returning the car and wanted a refund. Mr West contacted me on Monday 29th March and we arranged a meeting for Wednesday 31st March
On 31st March I had a meeting with Mr West; I took along Mrs Vickers as a witness, and explained to Mr West that I was returning the car and requesting a full refund under the Sale of Goods Act 1979. I specifically requested an economical car and was given something that was the opposite - would they have sold me a car that did not have a tow bar on, if I specifically asked then for a car to tow a caravan! They did not accept the car at first and Mr West walked out of the office to speak to his manager. When he returned I stated once again that I will be leaving the car there and I was well within my rights to accept a full refund due to misrepresentation. I duly walked out of Carcraft and left the keys on the counter. I am required by law to return the purchase and request a full refund as Carcraft was in breach contract under the Sales of Goods Act.
Mr West telephoned me 30 minutes later and stated that they will accept the return of the vehicle and tried to offer me a replacement vehicle; I mentioned to Mr West that I could no longer deal with the company as I had lost all respect and confidence in them; I asked him “if he went on holiday and received such a bad experience, would he go back“ to which he replied “No I would not! ”. I handed the telephone over to Mrs Vickers to whom Mr West stated “oh well, she owns her own house, we will get the money that way! ”
This experience has left me distraught and are now suffering with severe depression. I felt that I have been dealt with unfairly and my rights of a consumer have been violated. I can at any time bring witnesses to prove that I could not afford such a vehicle and that I was not in a mental state to have purchased the car in the first place.
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