It's right hand drive. Arnold Clark was the first registered keeper and for 12 months so it seems it's like a 12 month hire out thing or fleet car or something. Is it possible they can order a batch of RHD cars from VW with different spec to UK? The ones on their site without air con are all black, same engine size, horse power and all 2009
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Just been on to VW UK and it definitely should have air con. They reckoned that the only reason it wouldn't have it was if it had been mis-built!!
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Did they tell you it had it at the time or was it just not mentioned? If so the car would not be "as described" and you have a potential Sale of Goods Act case to reject or for a refund.
However if they told you it did *not* have Air Conditioning then you have no claim even if it is standard on the model as you were properly warned about it.
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Did they tell you it had it at the time or was it just not mentioned? If so the car would not be "as described" and you have a potential Sale of Goods Act case to reject or for a refund. However if they told you it did *not* have Air Conditioning then you have no claim even if it is standard on the model as you were properly warned about it.
I told the salesman, whatever Polo model we get it must have air con. I was told there was one at another branch that they could get over to look at. If it was okay, we would get it by the weekend. It was arranged to look at the car the next day. Got a call to say it wasn't at the other branch after all but they would get it in next again day.
Next day got a call to say don't come, it's not there yet. I said we could go to the other branch to see it. Was told er.. er.. we don't know where it is exactly. I said to my wife this is all very suspicious but she thinks everyone is as honest as she is. The first we got to see it was the day the deal was to be done, late afternoon Friday and was hustled into believing the stories about them havin to rush it through valeting before 5pm etc if we wanted it for next day, a ploy to get us to avoid a test drive - she had an older polo previous so didn't bother with test drive, desperate to get it next day you see.
So, deal was done and I didn't notice there wasn't air con, I didn't know what it looked like so assumed it must be there. Next day I collected the car and it wasn't until I got home and studied the handbook that I discovered it had none!
When I phoned the salesman he denied that I ever asked for air con. They won't answer my calls and I wrote to General Manager without reply. It was advertised as having air con, a picture of our car, reg plates on and all and underneath it had air con listed. They denied this and had taken it off the website.
How can I prove anything though, I can't.
They are still selling them without air con on their site and listing them as having air con. The picture of the interior clearly shows they don't have air con yet it is listed in the spec on the same page!!
Edited by alba on 13/12/2010 at 13:00
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If you order a fleet of cars,the manufacturer will build them to whatever spec. you want!
It's definitely ex-hire from the sound of it.Sounds like you need to consult "Trading Standards".
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Just has a look on their website and the one Polo Match 60 they have certainly looks like it has aircon to me, as does the 1.2 Match which shows the interior pictures...but further looking it seems all the 5-door ones have it but the 3-door ones possibly do not. Weird.
Edited by pd on 13/12/2010 at 14:06
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Yes the ones on their site that don't are all 3 door and black and 2009 plates, Match 60 1.2 petrol.
The girl I spoke to at VW UK may not have been an expert and was perhaps jumping the gun when saying it must be mis-built. She was only looking up the spec the same as I had done. I think it's more likely that the fleet thing is a possibility otherwise how have they all ended up at Arnold Clark
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With modern production lines and computerization,the chance of a misbuild is virtually nil;there are no longer boxes of parts laying about-AC would need a different engine,wiring loom,heater and instrument panel at the very least.
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So you've checked with VW UK, what about VW Eire? Be sure to use the VIN when you query with them.
I agree you can rule out a misbuild.
Perhaps your dealer may be the first registered owner, but in this country, after he imported it(?), or it was a special fleet build.
I am beginning to wonder if he imported a batch of Polo Match cars and didn't fully check the spec, and he's mistakenly selling them as if they were full UK spec.
Genuine mistake?
Sparky
Edited by Sparky2009 on 13/12/2010 at 19:37
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Definitely not a genuine mistake as I have explained a few posts back. I reckon it's the fleet build thing. My wife intends keeping it for the next 10 years an is not bothered by not having air con. On the other hand, I am bothered bothered and annoyed that even though I could smell a rat practically from the start I was still conned but then they do it every day for a living and I only do it every few years.
I never checked with other countries by the way just UK
Edited by alba on 13/12/2010 at 21:01
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I suspect it was a batch of run out models (this is right at the end of production for that Polo) for a fleet or hire customer. I'm sure I remember having one or two of them from Enterprise with Scottish registrations like these.
The moving the car around thing was probably due to arguments between salesmen as to who gets comission (if they send you to another dealership they lose or split it).
If they advertise it with aircon and tell you it has aircon then frankly they are in the wrong and you do have recourse.
Mind you, surely you must have been somewhat suspicious of the large switch blank on the heater panel?
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If it's in the ad as having air conditioning and you are told it has air conditioning and it does not have it you have a case for a refund under the not "as described" rule.
Alternatively you could seek to negotiate a cash settlement for the lack of air con on the grounds the vehicle is worth less now, you will not have the "enjoyment" of air con during the period of ownership and it will also be less when you sell it.
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If you are unsure if the Log Book shows the correct model go to www.mycarcheck.com/. Type in the reg and it gives you the make and model for free.
If the advert states that it has Air Con, you have rights under the Sale of Goods Act.
With Audi you can go in to the dealership and give the reg, they will be able to tell you the supplying dealer, the spec and so on. VW being part of that group I suspect will be able to do the same thing. This is not the same as giving you the spec for the model, this is the actual spec that the car came with including any optional extras.
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Mind you, surely you must have been somewhat suspicious of the large switch blank on the heater panel?
As I didn't know what the air con controls on a Polo looked like it simply never entered my head that it wasn't there. On my own car (Peugeot) it is just a small button, the rest of it is just like a normal heating system to look at
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Sure its not the one without the button the uprated version with full temp control.
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Have you, or anyone who knows what they're doing, lifted the bonnet to see if it's got the necessary hardware?
There'll be a second radiator (heat exchanger), a couple of pipes with schrader type valves going to it, and a compressor driven by a belt off the crankshaft.
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OP's been quiet for the last few days.
Do you think they found something? ;>)
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OP's been quiet for the last few days.
Do you think they found something? ;>)
The car is under about 14 inches of snow at the moment so it will have to wait.
I really doubt whether the hardware fittings will be there though otherwise it would be just as easy to have air con as not surely?
I am inclined to go with the idea that it was fleet car made to specs requested by buyer. What is a common theme with the ones Clarks are selling are; They are all VW Polo Match 60, all 2009 plates, all 3 door, all black, all have (according to the pics on their site) a radio/CD player where the climatic semi auto air con should be and another thing I have since noticed is they all have an i-phone mobile phone holder wired in which isn't a standard spec on the Polo Match
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Seems a silly question but why don't you ring them up and ask them?
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Thats to simple Lucy,if its a genuine "Match" model it has Air con. Some have manual air con and some the more expensive climate control.
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Thats to simple Lucy,if its a genuine "Match" model it has Air con. Some have manual air con and some the more expensive climate control.
.. unless it is a fleet car
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Seems a silly question but why don't you ring them up and ask them?
Sorry but it does seem a silly question since I have already explained that I have done this
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You cannot have asked the question properly because you have not recieved a proper answer .
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You cannot have asked the question properly because you have not recieved a proper answer .
Sorry but I have no idea who or what you are talking about. Asked who a question about what and what is the proper way to ask whaterever question it is?
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You cannot have asked the question properly because you have not recieved a proper answer .
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You cannot have asked the question properly because you have not recieved a proper answer .
Sorry but I have no idea who or what you are talking about. Asked who a question about what and what is the proper way to ask whaterever question it is?
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You are obviously not bothered that you have been sold an oddball car that will suffer massive depreciation if sold within the next couple of years.I think most people would demanding their money back or a massive reduction in price.If it genuinely has no air con then the seller has told lies about the car and if you are prepared to let him get away with it then that is your perogative.
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The only difference on the dash on one with regular ventilation will be that ones with ac will have a recirculation button with airon next to it and the ones without will just have the recirculation or recirculation with a blank next to it. The CD player does not move.
Over 10 years the difference in value will be negligable so if you're OK living without it the financial loss is not the end of the world but they still shouldn't advertise a car with aircon which hasn't got it.
If you're happy with the car otherwise and can live with it then push for some compensation.
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The only difference on the dash on one with regular ventilation will be that ones with ac will have a recirculation button with airon next to it and the ones without will just have the recirculation or recirculation with a blank next to it. The CD player does not move. Over 10 years the difference in value will be negligable so if you're OK living without it the financial loss is not the end of the world but they still shouldn't advertise a car with aircon which hasn't got it. If you're happy with the car otherwise and can live with it then push for some compensation.
It only has the recirculation. They would no doubt argue that they sold this car cheaper than a model with aircon, which they actually did but of course we did not know that at the time, we thought that was just the price of them. My wife wants to keep this car until it's done, her last one was a W reg 2000 Polo. Arnold Clark may have pulled a fast one on us but then they get no more business from me, I got a new Peugeot from them last year so he is the biggest loser here. I did put that in my letter, that their salesman had actually cost them thousands of pounds by his underhand actions
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You are obviously not bothered that you have been sold an oddball car that will suffer massive depreciation if sold within the next couple of years.I think most people would demanding their money back or a massive reduction in price.If it genuinely has no air con then the seller has told lies about the car and if you are prepared to let him get away with it then that is your perogative.
Look I have no idea what you are talking about, all I can think is you are somehow commenting on things without having read all the previous posts in the thread. Perhaps if you'd explained what you meant by your last post I would get an idea what you are on about. As for being "not bothered" then I have explained the situation further up the thread if you'd care to read it. It is not an oddball car, it is one of a fleet it would seem. (Why am I explaining this yet again, it's in the thread) What I'm trying to establish here is exactly why this car and all the others they are selling have no aircon, at this moment it looks very much like as was suggested, a fleet of cars made to order.
When I can establish that then I can take the next step. What that will be I don't know. What would you suggest given that Clark will simply deny they advertised it as having air con? It is not illegal for them to sell a car with no air con even if other models have it, provided they say it has none. How do I prove they advertised it as having aircon?
Again repeating myself but as you should have read further up, they are having nothing to do with me, won't take calls or answer letters. I could get a Solicitor but what would he be able to do, do you know? Write a letter to which they may reply and deny any wrongdoing?
Again, as I've said before the car is my wife's car. She is battling cancer and does not want the stress of all this, she is happy with the car as it is. So, she is not even aware that I'm still trying to do something about it
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Arnold Clark and their salesmen should be ashamed of deceiving you with their salestactics.I believe what you are saying.They should compensate you and your wife or give you a car with aircon.Regarding the law its their word against yours.If your wife is happy and I dont want to sound patronising dont let her get upset over this she has got enough on her mind.Unless you have a contract in writing I dont know the answer.
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alba.
Please keep us informed of the outcome.
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Managed to get the car out today and there is definitely no air con hardware under the bonnet and none inside either. I typed out the whole saga and sent it to the trading standards website for that region only to get an auto reply saying that no emails are read at that address, please contact consumer direct. I tried to send it to them but there was too many characters in the text so had to give a summary and asked them to get in touch with me for the full story. We shall see
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Sorry to hear of your woes Alba. If you're contacting trading statndards, be sure to send a letter (rather than email) to the TS office local to the dealer - they may have 'knowledge' already of them & will be quicker (or maybe willing) to act if they're on their patch.
You must try to get a copy, somehow, of the original ad - is it too late for the Google 'cache' option on their site? Cached web-pages often have older versions of current pages.
Did the dealer advertise these cars in a local paper? Check what local papers are nearby - you may well find an ad or other lead. Check autotrader - do they advertise on there? Their original ad may still be extant.
Failing that, you might want to collate (as accuratley as possible) all the conversations/documentation you had with them that led you to believe the car was a 'standard' Match model that had aircon. I'm sure you're doing that anyway, but proving the original contract is the vital part.
Good luck.
Edited by woodbines on 21/12/2010 at 17:50
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Thanks. I have tried and failed to recover the original ad, it would have been perfect as it contained the specs and exterior/interior photos of the car with the registration clearly shown. They turn over so many cars that their ads are in the national press on a Friday and Sunday but they don't tend to list individual cars, it's usually just along the lines of Nearly New VW Golfs from £10,000 or something like that.
I will try to track down the trading standards' postal address but it wasn't on the City Council website as far as I could see but I may have missed it.
EDIT.. I have found the postal address
Edited by alba on 22/12/2010 at 08:49
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"Again, as I've said before the car is my wife's car. She is battling cancer and does not want the stress of all this, she is happy with the car as it is..."
So drop it then - in any event it is of no interest to Trading Standards
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So drop it then - in any event it is of no interest to Trading Standards
I wouldn't be so sure that it's not of -'interest' to the Trading Standards service. Look on any local authority website at their trading standard service & you'll see similar to:
Dispute negotiation between consumers and retailers.
Identification unfair or illegal trading practices & enforcement/investigation thereof.
Information & advice on consumer rights.
About covers the Op's situation wouldn't you say?
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Trading Standards are not remotely interested in Sale of Goods Act cases about a possible minor misdescription.
If you think they are going to trail round to the dealership to discuss whether a bunch of Polos had air conditioning or not when it is not even claimed that they had on the dealer's advertising you are very mistaken.
For the record Trading Standards deal with criminal cases where there is car clocking and serious - usually dangerous - defects, criminal behaviour and persistent offenders.
They don't get involved in negotiations on issues such as this which I (and probably they) would view as a trivial - even piffling - complaint which should be able to be resolved in about half an hour on the phone.
The wife - who owns it - is ill and likes the car. The car was obtained cheaply. Nobody has produced a single piece of evidence that it was not "as described".
And yet we have had numerous accusations about dark and shady dealings on the part of an easily identifiable national dealer and their staff which are currently unsubstantiated and possibly libellous.
Can't we just move on?
Edited by LucyBC on 22/12/2010 at 14:50
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Having no A.C. in a car is not trivial Lucy.Alba is upset about this and wrote up for advice and support.
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The owner, his wife, is happy with the car which appears to have been "as described".
Alba seems to have been boring us with the case for some time now. It goes on and on (and on).
It's a minor Sale of Goods Act issue which could have been resolved in 20 minutes on the phone as I said earlier.
If he wants me to resolve it I would normally expect to do so within 24 hours (assuming sensible people both sides) but Alba seems to enjoy adding complications.
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Alba seems to have been boring us with the case for some time now. It goes on and on (and on).
That's easily solved isn't it . This is a public forum & he has every right to post here. It's what the 'general discussion' forum is for.
I wish him all the best in resolving it. It may be trivial or piffling to some, but I'm sure Alba doesn't think so. The presence or not of A/C on a car can have a great bearing on its general utility & resale value.
As far as Trading Standards service being not interested, well your experience is alot different from mine. I've had similar level issues & found my local TS extremely helpful - not only in specific advice, but recommendations on other avenues to explore if one approach doesn't work. They're not just there to investigate, pursue & prosecute you know, their brief is much wider - check it out for your own local council TS service.
Edited by woodbines on 22/12/2010 at 18:45
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