In February this year (2012) the Subaru was coming up for service, so I called Subaru to locate my nearest dealer for service (apart from Pentagon). I was told my nearest dealer was in Leicester, with a new one opening in Derby soon. I decided to book the Subaru into Leicester for Tuesday the 28th of February.
I also learned that Pentagon Motor Holdings Limited was no longer a Subaru dealer.
Some time back, Pentagon had put in a warranty claim for my corroding alloy wheels to be replaced, and as far as I was aware they still had the wheels in stock. I decided to call Subaru UK on Friday the 17th of February about this, to try and arrange for them to be fitted when the vehicle was being serviced. I was put through to Mr Mike Wood, Technical Support and Development Manager.
I had a long call with Mr Wood, who very kindly arranged to send my wheels to Beechwood in Derby who were about to become a Subaru dealer, so that I could have them fitted there, as time was too tight to get them to Leicester for my booked service.
I explained to Mike Wood the problems I had with BF59ODL. Mr Wood said that he would have a chat with others within Subaru and get back to me, which he did, to advise me that Mr Alan Able, National Fleet & Used Car Sales Manager for Subaru UK, would be telephoning me.
On Wednesday the 22nd of February 2012, at Mr Alan Able called me to say that he was working on finding a vehicle to offer in replacement for BF59ODL, and that he would contact me by the end of the week.
On Friday the 24th of February, Mr Able called me to say that Mr Mike Wood was looking for suitable cars in the compound, and that he (Mr Able) would be in touch with me the following week with an offer.
As promised, on Wednesday the 29th of February, Mr Able called and offered to exchange BF59ODL for a similar vehicle as long as I paid £1000. The replacement he offered was white, registered in March 2010, and had 21000 miles on the clock. I explained to Mr Able that I was already over budget and that I didn’t really want to spend another £1000. Besides which I felt that I had already spent a considerable sum of money in legal fees and other costs as a result of my dealings with Pentagon Motor Holdings Limited, so much so, that I could have bought a brand new Subaru Legacy in the first place!
Mr Able sympathised, and said that he would have to speak to someone within International Motors to see if he could alter the offer, and that he would call me back within the week.
On Friday the 2nd of March, Mr Able called me to say that the offer was their final and only offer, and they would leave open until Tuesday 6th of March 2012. He said that if I wanted to view the vehicle I could do so at I.M. Group Parts & Service, Ryder Street, West Bromwich, B70 0EJ.
My feeling was that whatever the offer, there was no harm in meeting Mr Able in person and viewing the vehicle, even if I didn’t accept the offer. I called Mr Able back and agreed to meet him at his Ryder Street site with BF59ODL.
When I arrived at the Ryder Street site, signed in and parked, I got out and noticed another car parked nearby looking similar to BF59ODL, but with a licence plate that I had seen somewhere before. I couldn’t think where I had seen the plate before, or whether I had merely seen something similar.
Mr Able met me on the car park with one of his technicians and made introductions. The technician listened to my concerns and did his best to allay my worries about BF59ODL, saying that he thought the car to be in great condition and that the stone chips were “honest” stone chips and nothing to worry about, but just to touch them up. He also told me that it was normal for parts to rust in the engine bay, and that I shouldn’t worry about it as it would be a very long time before the car submitted to “tin worm”. I also mentioned the parcel shelf in BF59ODL that was coming apart, which Alan immediately exchanged.
Mr Able told me that the offer he had made would be on the condition that I didn’t take Pentagon Motor Holdings to court. It was at this point I categorically turned down the offer, as I felt that I couldn’t sacrifice my right to pursue Pentagon Motor Holdings Limited in court with regard to sections 13(1) and 14(2) of the Sale of Goods Act 1979 and section 2(1) of the Misrepresentation Act 1967.
I thanked Alan for his time, as at the end of the day my contract of sale is with Pentagon and not IM Group. International Motors were by no means obligated to make me any offer, and I took the gesture in the spirit of goodwill in which I believe it was intended. I found both Mr Mike Wood and Mr Alan Able very pleasant to deal with, and remain grateful to them for their time and effort in the matter.
As I drove away I was still trying to place the licence plate I’d seen, and then it came to me; BV10YCR was on the list of three vehicles in group stock from which Pentagon had initially offered to let me choose (see below).
I called my Solicitor who had a copy of the list, just to check if I was right and sure enough it was the same registration, type, colour and mileage.
Also in my dealings with International Motors I found out the reason for BG10LFJ’s very worn driver’s seat. Apparently it was used by someone in the import department who used it to travel around site a lot, getting in and out of the vehicle very frequently. So that explained the excessive driver’s seat wear in I mentioned in “Viewing BG10LFJ”.