I asked a friend to accompany me to look at cars over at Carcraft, 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 pounced upon immediately by a salesman “Danny”, who started quizzing me about my situation. I outlined the problem that I had with my present vehicle and my current circumstances 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 2 litre, it normally would cost me £40 in petrol a week and road tax is just under £180 a year. I told the salesman I needed an economical 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 wanting to know my old car registration number, however no matter how much I said I was just looking he wouldn‘t take no for an answer. When I asked him what he wanted it for, 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…. to which he replied “oh that won’t effect the price. Looking back now I am sure he was doing a credit check on me so that I would be worth the chase.
I looked around at the cars and there were only 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 again that I was living off benefits and that I do not have an income ….. The salesman ignored what I had to say and kept harassing me; I therefore reluctantly replied £25 a week - hoping that he would say he couldn’t help me and leave me alone …… he took the information and disappeared for a while.
I found my children sitting in the Chevrolet Tacuma Estate 2.0 CDX and sat in with them; all of a sudden the salesman appeared out of nowhere and asking me if I like it; 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 he got me to sit down as he needed to take some personal details; again I 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. I paid an admin deposit straight out of my bank account of £100.00, then I paid a deposit on my credit card for £913.50 and the balance of £3,990 was on credit.
The finance women led me into a sealed room and told me to leave my children outside. She rushed through many documents and got me to sign them; I never received copies of these and at this stage I felt 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 just circled numbers stating that I would be paying a month; nothing about terms, APR etc., she left stating that she would be back shortly; however it seemed like ages. Reading the credit agreement the next day I realised that 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 Ito pay back a total of £7,812.20 on a loan for £3,990.00.
The next morning (10th March) after I had purchased the car I looked online to find out prices of cars similar to the one that I had brought. I went onto Autotrader and noticed MY car advertised with Carcraft 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 the salesman told my when I purchased the car that it was free! 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. They did not even ask me if I wanted a test drive to see if it was suitable …..
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 explained that the salesman misinformed me and sold me a car that was clearly NOT economical and that I could not afford to run it, I asked if I could exchange the vehicle for something more economical and suitable as the fuel consumption and road tax was practically double what I normally pay on the Volvo S40. 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 .. The company was just more interested in selling me the finance deal at such a ridiculous rate of interest, that I am sure they must get a cut of!
I tried desperately to reach a mutual conclusion at this stage and contacted them for several days afterwards 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 although I was already under doctors for depression; they increased my dosage due to the distress and upset caused Car Craft; I therefore decided to email them 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 2010
On 31st March 2010 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 (as amended). I specifically requested a car that was economical to run and similar on running costs as the Volvo S40 and was given something that was completely the opposite. I gave Mr West a letter confirming the same, he then 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. Mr West left the office once again, whereupon we 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 such an unethical 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 that they will accept the car and … “ she owns her own house, that’s how she got the credit”.
This experience has left me distraught because I feel 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.
As soon as I arrived, together with my two children, my friend and witness Mr P Scott, I was pounced upon immediately by a salesman “Danny”, who started quizzing me about my situation. I outlined the problem that I had with my present vehicle and my current circumstances 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 2 litre, it normally would cost me £40 in petrol a week and road tax is just under £180 a year. I told the salesman I needed an economical 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 wanting to know my old car registration number, however no matter how much I said I was just looking he wouldn‘t take no for an answer. When I asked him what he wanted it for, 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…. to which he replied “oh that won’t effect the price. Looking back now I am sure he was doing a credit check on me so that I would be worth the chase.
I looked around at the cars and there were only 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 again that I was living off benefits and that I do not have an income ….. The salesman ignored what I had to say and kept harassing me; I therefore reluctantly replied £25 a week - hoping that he would say he couldn’t help me and leave me alone …… he took the information and disappeared for a while.
I found my children sitting in the Chevrolet Tacuma Estate 2.0 CDX and sat in with them; all of a sudden the salesman appeared out of nowhere and asking me if I like it; 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 he got me to sit down as he needed to take some personal details; again I 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. I paid an admin deposit straight out of my bank account of £100.00, then I paid a deposit on my credit card for £913.50 and the balance of £3,990 was on credit.
The finance women led me into a sealed room and told me to leave my children outside. She rushed through many documents and got me to sign them; I never received copies of these and at this stage I felt 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 just circled numbers stating that I would be paying a month; nothing about terms, APR etc., she left stating that she would be back shortly; however it seemed like ages. Reading the credit agreement the next day I realised that 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 Ito pay back a total of £7,812.20 on a loan for £3,990.00.
The next morning (10th March) after I had purchased the car I looked online to find out prices of cars similar to the one that I had brought. I went onto Autotrader and noticed MY car advertised with Carcraft 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 the salesman told my when I purchased the car that it was free! 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. They did not even ask me if I wanted a test drive to see if it was suitable …..
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 explained that the salesman misinformed me and sold me a car that was clearly NOT economical and that I could not afford to run it, I asked if I could exchange the vehicle for something more economical and suitable as the fuel consumption and road tax was practically double what I normally pay on the Volvo S40. 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 .. The company was just more interested in selling me the finance deal at such a ridiculous rate of interest, that I am sure they must get a cut of!
I tried desperately to reach a mutual conclusion at this stage and contacted them for several days afterwards 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 although I was already under doctors for depression; they increased my dosage due to the distress and upset caused Car Craft; I therefore decided to email them 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 2010
On 31st March 2010 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 (as amended). I specifically requested a car that was economical to run and similar on running costs as the Volvo S40 and was given something that was completely the opposite. I gave Mr West a letter confirming the same, he then 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. Mr West left the office once again, whereupon we 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 such an unethical 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 that they will accept the car and … “ she owns her own house, that’s how she got the credit”.
This experience has left me distraught because I feel 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.