Let me tell you a story. About a car. And a car dealer.
“Well, that’s not very interesting” I hear you mutter.
Just hear me out. It all started back in that magical spring of 2016. Whilst Brexit campaigning was in full swing, on the A164 my Vauxhall Vectra was coming to a grinding halt.
After getting picked up by a friendly AA patrolman and taken to a garage, I found that the gearbox had gone which led to the untimely death of that car – I ended up flogging it to the very same garage for the measly sum of £80.
April 2016
So, I needed a new car. After looking round some of the larger dealerships in Hessle, where we figured there would be a large selection, we decided to pop down to Witham in Hull, an eerie kind of ghost town filled with car dealerships of all sizes. We stumbled across Pick a Car, which had a number of decent sized cars on the forecourt, run by 2 brothers called Tony & Philip Beaumont.
I was shown a nice-looking Ford Mondeo Ghia Estate, test drove it and really liked it. After mulling it over, I phoned Pick a Car back the next day, tried to negotiate on the £4,995 price tag and failed. Although they promised to replace the cambelt and provide a full MoT.
The MoT actually forced the dealer into a couple of small jobs, so I was actually very confident when I parted with the cash that the car was in decent nick. “It’s got a full warranty. That’s engine and gearbox. If there are any problems just bring it back to us. We’ll sort it out and we can even provide you with a courtesy car.” Words that were echoing prophetically in my ear as I drove away.
So, I got the car home, proud as punch. Took the whole family for a drive. Then sat in the car as I got to grips with all the controls, including the stereo.
One of the neat features of this car was a 6 CD dash mounted changer. On long journeys we could simply load up the CD player for the kids and enjoy a whole variety of songs. A bit of a step down from Bluetooth I know, but still. The snag was, the CD player simply wouldn’t work. It appeared there were already 2 CDs loaded inside it, but something was causing an error.
The next day I rang the Dealer to tell him.
“Ok, just bring it in” said the Dealer, conveniently forgetting the fact I lived 30 miles away.
“The only problem I have is that I need the car for work, can you come and take a look instead?”
“Erm….ah….yes” (I should have realised the “erm” was the just the beginning of all the problems) “I’ll come down tomorrow and take a look”.
The day came. No sign of Phil or Tony. I called up the dealership, only to get a gruff response from one of their workers. He was out all day.
I finally got hold of him, with a brief apology and excuse that he’d been busy.
“If it’s a problem, why don’t I bring it down to you?” I enquired. “Ah, ok, next week isn’t great, but if you could bring it the week after that would help.”
May 2016
So I gave it a week and rang again. I asked whether I could bring it down on the Saturday as I was at work all week. “No, not at the weekend. I don’t want the car sitting down here all weekend. If something happens to it, it’s my responsibility” Again, prophetic words which would come back to haunt me.
Another week or two went by, with me trying to contact him and being rebuffed one way or another. After calling repeatedly and getting no answer, I eventually resorted to asking my wife to call from a different number, so they wouldn’t be able to screen my calls. So, we eventually got through and I was then told to take the car to a radio specialist right across the other side of Hull. Although I did say I wouldn’t be able to get there until around 4:30pm on a Friday. Would that be ok? “Yes” was the answer. Turns out this was not ok. Mad Friday traffic meant I was only able to get there at 4:45pm, to find they closed at 5pm. (Can you feel the tension rising in me as I type?)
June 2016
I returned to the radio specialist a week later, only to be told it was unrepairable and a new stereo plus installation would cost £400. As I was already in town, I decided to drive down to Pick a Car to speak face-to-face with Tony (by now, I’m pretty sure it was just Tony I was dealing with). Tony obviously didn’t want to have to splash any cash, so told me he would fit me a stereo himself. As I needed the car for the next two weekends, we finally settled on a date 3 weeks into the future, on which they would collect the car and fit a new stereo.
July 2016
The day came for Pick a Car to pick up my car, and the day went without them picking it up. “Sorry, I’m just busy on a breakdown with a customer” emails Tony. So, in the end, I thought enough was enough, and dropped the car down to Pick a Car myself, before getting a lift back to work with a colleague. This was on a Wednesday 6th July – a full 67 days after purchasing the car. I was now without a car for work, and relying on a combination of trains and lifts from colleagues.
After not hearing anything back on the Thursday, I rang on the Friday, only to be told by a colleague that it was definitely being worked on.
My wife and I decided to drive down to Pick a Car in Hull on the Saturday as I assumed (correctly, as it turned out) that the new stereo had been fitted. Before embarking on the 60 mile round trip, I called beforehand to double check.
“Yes, the stereo has been fitted” said Tony. “I couldn’t get the hands free kit to work properly, so had to take it to a garage to get that done. But they sorted it.”
“Great!” I said enthusiastically.
“But unfortunately, on the way back, someone drove into the back of the car.”
“I’m sorry? Someone drove into the back of it?” I answered, in shock.
“Yes. It’s been a terrible week and that just about topped it off. I couldn’t believe it!”
At this point, I didn’t really care about how badly Tony’s week had gone.
He continued “Yeah, so it was completely the other guy’s fault. He has admitted liability. It just needs a new bumper.”
My heart sank a little, but a new bumper didn’t sound too bad. At least he already had it in for repair and could sort it himself.
“OK. So what happens now?”
“I’ll need to call my insurance company and sort things out with them.”
OK. So, this was the situation. I was now at a massive inconvenience, but I simply had to take the philosophical view that accidents do happen.
From that point onwards, and for the next few weeks, it was a case of calling or emailing Tony and asking whether there was anything happening with my car. In the meantime, I was having to take the train to work and rely on lifts from others (Pick a Car’s original promise of a courtesy car had evaporated by this point).
“No news yet I’m afraid. The insurance company are taking ages.” was the usual stock reply. Eventually, I was given a hire car by the insurance company Easidrive (who were virtually as inept as the dealer), so at least that was something.
Another week went by with no news, so I decided to pop down to PickACar.co.uk in Hull and speak to Tony face to face. He was sat there with 2 colleagues, who reminded me of “Hear no evil, See no evil, Speak no evil”, as I tried to calmly and rationally explain why I was so stressed out and asked what would be happening next. There was also the added complication of a holiday coming up, with no car.
“Would you be able to provide me with a courtesy car, to take to the airport?” I asked (the insurance company wouldn’t allow me to have the car whilst I was out of the country).
“Ooh…well.” Tony scratched his head. “That would mean taking one of my cars off the forecourt and not being able to sell it, see?” It all sounded such a stress for him.
Eventually, he agreed that he would help sort me out, if things came to the worse, although I wasn’t holding out much hope given his previous track record.
By this point, the car had been taken to a body shop in Hull, where they would assess the damage. I spoke with the body shop, only to find out the “replacement bumper” had been upgraded to “I wouldn’t be surprised if the insurance company write this off.” I awaited the full inspector’s report.
August 2016
As expected, the car was duly written off by the insurance company in early August. There was an estimated £4,000 of damage – not far off the total price of the car.
I decided to take possession of the car and got a lift down the body shop to collect it. It was at this point that I was actually able to expect the damage for myself. As you can see from the picture, it was pretty extensive. Certainly not just a matter of replacing a bumper!
I also managed to take a look at the “new” stereo that had been installed in the car. Disappointed is a word that would spring to mind. Whilst it functioned, the stereo was obviously pretty old with worn buttons, plus the hands free kit had been left hanging out – so obviously no great care and attention had been paid.
I then went on holiday, all the while worrying about how much I was going to get for the car and whether they would match the sum I had paid.
Out of the blue, a cheque was sent to my home address from Hastings Direct, the 3rd party insurer, for £3,700. I was a little shocked, as I hadn’t agreed to this sum, nor did I feel it was fair. So I phoned the car insurance company who seemed a little surprised themselves. A case of the blind leading the blind.
Getting nowhere fast and receiving nothing in the way of communication from any party, I was then inexplicably handed onto a solicitors called Garvins, based in Manchester. They now appeared to be handling my claim, but why or how, this was never explained.
So I told the handler that I was very unhappy with the £3,730 valuation. He explained I could cash that without prejudice and I would also receive £710 for scrappage. That still left me £555 out of pocket though. I cashed the cheque as directed, but certainly was not happy with the amount I had been paid.
I was asked to send evidence of the car being on sale at the price I paid, which I duly did. All the while, the car sat rusting on my driveway as I was still none the wiser as to when it would be taken away.
September 2016
As the leaves started to fall, so did my expectations. Finally, after a seriously snotty email and some angry telephone exchanges, the solicitors came back to me around the middle of September to explain that the 3rd party insurance company, Hastings Direct had viewed my evidence and decided their valuation of the car was fair. The only option open to me, was to hunt around car dealerships and compile evidence of similar cars at similar values, which was not going to be realistic.
So, fobbed off by insurance companies, solicitors and even the terrible car salvage company ALS, who were due to collect my car for scrap (but didn’t bother telling me they weren’t coming on the day they said they would), I felt the fair and just thing for Pick a Car to do, would be to refund me the £555 I was left out of pocket. So I emailed them, asking just that:
The car was finally loaded onto a flatbed and driven away in late September.
October 2016
After weeks of chasing my friends at Pick a Car regarding my email, a letter came via recorded delivery. I opened it, expecting a cheque to drop out, but no. Instead, there was a letter explaining in great detail why they wouldn’t be refunding me any money.
Here’s a copy of it:
A simple apology I could have handled, but the fact that Tony was now changing his story to cover his tracks really angered me. Apparently the story now changed, and the car was parked outside their premises at the time of the accident, despite the fact I had been told it was turning right at the time of the accident (I later checked the accident report, and it had indeed been parked but some distance away in another street, so why had Tony been telling me a different story?).
Now, I was accused of loading 2 “pirate CDs” into the car which broke the stereo (despite the fact that Tony had confessed to me he had never checked the CD player when he sold the car, and the fact that a “pirate” CD would not cause the CD player to malfunction in this way anyway!).
And lastly, apparently the stereo wasn’t covered by the warranty (which begs the question, what does the warranty actually cover, if anything?). Again, this was completely irrelevant as the car was not sold “as described” according to the Consumer Rights Act 2015.
At this point, I sought legal advice, as I was plainly getting nowhere with Pick a Car. The law appeared to back up my claims in this case. Under the Consumer Rights Act 2015, there was a reasonable expectation that the stereo should have worked and Tony should have attempted to fix the issue asap. He didn’t.
The car was in his care at the time of the accident, and under the tort of negligence he was negligent with my property, putting it in a position where it was at risk from damage, leaving it parked on a busy road, instead of secured on his premises.
I sent all this in a letter to Pick a Car, by recorded delivery, on 26th October 2016:
Dear Tony,
Thank you for your letter which I received on 15th October, although I must say, I am extremely disappointed by your response.
Since receiving your letter, I have sought further legal advice on this matter and I still maintain that you owe me the outstanding £555.
Under the Consumer Rights Act 2015, there is a reasonable expectation that the car you supplied me with should have had a full working stereo with 6 CD changer, as advertised (I have copies of the advert). I contacted you as soon as I spotted the fault (within 48 hours of purchasing the car – phone records prove this) and gave you ample opportunity to fix it, although this ended up taking over 2 months before you even looked at it. The fault was not caused by me, and it is disappointing you are now choosing to change your version of events, after you admitted to me in person that you had not even checked the CD player. The replacement was not like-for-like (it was a single CD player and was worn compared to my previous stereo).
When I handed over my car to you to fix the fault, you had a duty of care over my property, but under the tort of negligence, I maintain that you drove it away from your premises, left it on a public highway, at least 200 metres away from your premises (the accident report states it was parked on Holderness Road, not Witham), where it was placed at risk and another vehicle struck it. I am also disappointed that in your letter you state that you called me to tell me this, when, in fact, I only found out the day after when I called you to enquire about the stereo (again, phone records prove this).
Many of the points you made in your previous letter are insignificant to this matter, including whether or not the CD player was covered on the warranty, how many miles I may or may not have added to the car as I waited for you to fix the fault, the car being left at my own risk, whether or not I asked for a courtesy car or asking your advice on whether I should write the car off.
As a consequence of your actions, I am £555 out of pocket through no fault of my own. I am therefore seeking consequential losses from you, not seeking to put myself in a position of betterment, which I think is more than fair.
I expect the £555 to be transferred to my account (details below) or sent by cheque, payable to me, by Friday 11th November 2016, which I feel is a reasonable time period in which to do this.
If this does not take place by the above date, I will assume you are still unwilling to pay and will have no hesitation in taking further action.
Yours sincerely,
Adam Chard
In the meantime, I had added negative reviews to a series of websites which promoted their business, including AutoTrader, Yell, Facebook and Google+.
November 2016
I received a reply on 4th November 2016. Finally! We appeared to have come to a compromise:
As you can see, he seemed to be more concerned about the negative reviews and didn’t like my use of the term “cowboys” – definition: a dishonest or careless person in business, and even tried to counter-threaten me with court over my use of the term!
Despite offering me the measly sum of £250, less than half the £555 I had been left out of pocket, to me this was an admission of guilt. So I was happy to accept the offer, draw a line under the whole sorry affair and move on. I was more than willing to remove the negative reviews just for the sake of closure.
I sent Pick a Car the following letter on 8th November 2016 via recorded delivery:
Dear Tony,
Thank you for your letter which I received on Friday 4th November.
I accept your offer of £250. Whilst this still leaves me out of pocket, it will go some way to recouping the losses I have suffered.
As soon as the money clears in my bank account, I will remove all online reviews I have written, drawing a line under this matter.
Cash can be transferred straight to my bank account (details below) or a cheque can be sent to the above address payable to “Adam Chard”, whichever method you prefer.
Yours sincerely,
Adam Chard
For the first time in months, I felt the stress of the whole situation lift from my shoulders and eagerly awaited the cheque through the post, whilst checking my bank account, in case he’d simply decided to transfer it.
I waited…and I waited.
By the 21st November 2016, there was still no sign of the cash, so I sent another letter via recorded delivery:
Dear Tony,
This is a follow up to the letter you received from me and signed for on Wednesday 9th November.
As stated in the aforementioned letter, I accepted your offer of £250, although I am disappointed that over 10 days have elapsed and this still hasn’t been paid to me. I believe Friday 25th November is a reasonable time frame by which to have completed payment.
Cash can be transferred straight to my bank account (details below) or a cheque can be sent payable to “Adam Chard”, whichever method you prefer.
As soon as the money clears in my bank account, I will remove all online reviews I have written, drawing a line under this matter.
Yours sincerely,
Adam Chard
Another week went by, still no response. I even checked to make sure they had been signing for the letters I sent. They had.
December 2016
I tried again with another recorded delivery letter on 2nd December 2016:
Dear Tony,
Since writing to you on 8th November, where I accepted your offer of £250, I have heard nothing further from you, nor have I received the cash you promised, despite having sent a further letter which you received and signed for on Wednesday 23rd November.
Please pay me the £250 by Friday 9th December 2016 or I will be left with no alternative but to begin legal proceedings against you through the small claims court. This will be for the full amount of £555 and, potentially, damages.
Cash can be transferred straight to my bank account (details below) or a cheque can be sent payable to “Adam Chard”, whichever method you prefer.
As soon as the money clears in my bank account, I will remove all online reviews I have written. I’m sure you, like me, would like to draw a line firmly under this matter.
Yours sincerely,
Adam Chard
This time, when I checked whether the letter had been delivered via the Royal Mail website, the status was: “Would not accept delivery”.
After offering me £250 and accepting my offer, they were now seemingly refusing to pay me the amount they promised and refusing to accept any letters I sent! So, this was the situation I found myself in, in the run up to Christmas, £555 down on what I would have paid towards the family Christmas that year, with goodwill to all men (apart from those at Pick a Car in Hull).
After exhausting all these avenues, I decided to try the Consumer Ombudsman – an organisation which attempts to help settle disputes between retailers and consumers.
January 2017
By January 10th, I had still not heard anything back from the Consumer Ombudsman, but I noticed the owners of Pick a Car had started replying to some of my online reviews, peddling the same story they had given me in their original letter, trying to absolve themselves of all blame and somehow trying to publicly demonstrate that they care about their customers, when, clearly, they don’t.
The Consumer Ombudsman finally came back to me on 11th January to tell me that Pick a Car would not work with them to resolve this dispute.
So what now?
I have endured 7 long stressful months, which has included extra expense in the cost of commuting to work, not to mention the hours on the phone chasing useless insurance companies (Easidrive) and solicitors (Garvins), not to mention the actions of Hastings Direct, who refuse to pay the value I paid for the car, and last, but not least, the disgraceful actions of the owners of Pick a Car in Hull, who refuse to believe they played any part in this whole sorry saga, and continually broke their promises, acting in a thoroughly unprofessional manner. Well lads, if you’d have done your job in the first place and fixed my stereo when asked, none of this would ever have happened!
Do you think 67 days is an acceptable length of time in which to fix an issue with a car you’d sold? If you were negligent with someone’s property resulting in an accident, wouldn’t you make sure that person wasn’t left out of pocket?
Thankfully, I have learnt my lessons and bought my new car from a reputable dealership. I certainly made sure everything worked before driving off this time! I hope Pick a Car have learnt some lessons too, trying to fob off a customer who actually knows a thing or two about the internet!
My advice if you’re looking for a used car in Hull: Don’t pick Pick a Car.