Warning issued to customers of Arun cars of Pulborough after buyer was sold a faulty car
If you’re considering buying a used Jaguar car from Arun Ltd. of Pulborough, “think very carefully” is the advice from one former customer who was sold a car with multiple faults, falsely accused of dishonesty, and refused a legitimate consumer rights claim by Arun.
Mr Keith Simpson of SkilledPeople.com bought a 2007 Jaguar XJ from the Arun Ltd used Jaguar car dealership in Stane Street, Pulborough last year. Within two hours of collection five faults became apparent which should have been addressed by the detailed Pre Delivery Inspection (PDI) and full service which the company claimed to have done. No paperwork for the PDI or the full service was supplied at the time of purchase.
After taking more than a week to solve these problems the car broke down within 48 hours of its return to Mr Simpson and had to be towed back to Pulborough. At this point senior staff at Arun wrote to Mr Simpson accusing him of lying and acting dishonestly by “deliberately trying to fault the car to get a refund”. Incredibly, these baseless allegations were made after clear evidence had been witnessed by the AA that the car clearly had a serious fault, it wouldn’t start.
Arun’s service department claimed there was nothing wrong with the vehicle yet it broke down again shortly after it was returned to Mr Simpson only to be towed back to Arun by another AA engineer who diagnosed a clapped-out starter motor.
Mr Simpson repeated the request he had made previously for a refund to which he believed he was more than entitled under the Consumer Rights Act 2015
. A clause in this law, known as ‘early right to reject’, specifies that any fault found within 30 days of buying a product entitles the buyer to a full refund. After that period, but within six months, the seller or manufacturer has one opportunity to replace or repair. If that fails, the customer is then entitled to a full or part refund.
Between June 15 and July 4 (17 days), the car was in Mr Simpson’s possession for just five days and for no longer than 48 hours at any one time due to multiple faults in the vehicle.
Without informing him or seeking his consent, Arun repaired the vehicle using a third party warranty scheme. This affected Mr Simpson’s legal rights adversely as repairs done under warranty (classed as contractual repairs) have a different status in law to repairs done at the dealer’s expense (known as statutory repairs).
Enough was enough for Mr Simpson who left the vehicle with Arun and sought independent legal advice. A legal firm confirmed that he was entitled to a full refund under the 2015 Act
and such was their confidence they offered to pursue the claim at no cost to Mr Simpson.
In response Arun stonewalled his requests and chose instead to engage their legal advisors to resist Mr Simpson’s legitimate claim.
After a stalemate of many weeks, Mr Simpson found himself in a position where he had no alternative but to take the car back as family life without it was proving too difficult. He felt he had been bullied into submission by an arrogant company who played ‘fast and loose’ with consumer law.
Whilst the car was with Arun, it claimed that it was re-marketing it on Mr Simpson’s behalf but there was no evidence of the car on Arun’s website or elsewhere on the internet, and the car was parked on waste ground away from the main car display area. Mr Simpson suggests that this further shows Arun’s insincerity.
Thereafter, the car continued to experience air suspension and parking brake faults which had become apparent shortly after purchase. Arun did not respond positively to these complaints.
“I was very disappointed by Arun Cars’ approach and behaviour”, says Mr Simpson. “I thought I could trust this independent Jaguar car dealer of longstanding but the reverse has proved to be the case. I’ve also discovered that my experience was not unique as their reputation among the West Sussex Jaguar fraternity is mixed.
“If only Dominic De Grouchy, Arun Managing Director, had accepted that the car his staff had sold and allegedly serviced and inspected was genuinely faulty from day one a lot of unpleasantness and stress could have been avoided. Instead, I suggest the evidence shows that this is a used car dealer that customers should approach with caution as a legitimate complaint can easily result in a false accusation of dishonesty.”