The Phoenix Car Company - www.phoenixcar.co.uk

Bought a new Hyundai from The Phoenix Car Company Limited (Registered Office: Phoenix Retail Park, Linwood, Paisley). I purchased the vehicle from their Hyundai Edinburgh East branch, and at the time of purchase I also paid £450 for the ‘Phoenix Service Plan’ which covered the first three services on the vehicle. Prior to purchasing this, I made sure that the services it covered were to the manufacturer’s specifications.

The initial 10k mile service was done after six & a half months of ownership by Phoenix... this was a very basic service as it only encompassed an oil and oil filter change, lubricate locks & hinges, plus inspect a number of components. This was carried out as per Hyundai’s specification and I had no problem with it.

The next scheduled service was the 22,500 mile service which was carried out 10 months later. During this time, The Phoenix Car Company Limited of Linwood Paisley, had sold the Edinburgh East Hyundai branch to Macklin Motors (A Vertu Motors Company). I was advised that the service contract I had purchased from Phoenix had been “sold on” to Macklin Motors, and that they were now responsible for undertaking service work on my car. On taking the car home post-service, it was apparent that a number of jobs that should have been done as per Hyundai’s own service specifications, were NOT done. I had no way of telling what ‘Inspection’ items had been checked or otherwise, as by the very nature of ‘Inspection’, there are no parts to check to see if they have been replaced. What was obvious was the oil dripping onto my driveway from an incorrectly torqued sump-plug. I then pulled the filters that should have been replaced only to find that they hadn’t been touched and were filthy. Upon realising that Macklin Motors were being paid for work that they had not done, I phoned my local mechanic who stopped by on his way home. He also pulled a couple of the spark-plugs which were worn. In summary, of the official Hyundai service that Macklin Motors were supposed to have undertaken, they HAD FAILED TO: 1) Replace the air filter; 2) Replace the spark plugs; 3) Replace the brake fluid; 4) Replace the climate filter. Macklin Motors also advised me that my brake pads and discs were worn out and in need of replacement at a cost of £288. When my own mechanic checked, he advised me that they were no more than 50% worn.

Prior to taking my complaint up with both Phoenix and Macklin Motors, I popped back in to branch that had undertaken the service on my vehicle. I made a polite enquiry about what was covered during that service, and the very helpful girl working at the desk showed me on her system that the only consumables replaced by the workshop were the oil and oil filter. Even more helpfully, she printed this off for me!

My complaint was that either Phoenix mis-sold me a service plan which didn’t actually cover the manufacturer’s service schedule as I was told it would, OR Phoenix’s sub-contractor Macklin Motors failed to carry out the service work that they had been paid to do.

As the seller of the service plan, responsibility for ensuring that the work is done correctly lies with Phoenix Car Company. Their subsequent sale of service plans to Macklin Motors constitutes sub-contracting, and these internal business arrangements should be of no concern to the consumer provided the consumer receives the service work they have paid for.

Managing Director of The Phoenix Car Company, replied to my letter of complaint stating “ It is not our responsibility to underwrite the quality of work at this branch and therefore I am unable to provide any further information or assurances in that area. Please note that if you decide to take further action then your agreement is with Macklin Hyundai who have accepted all responsibility through their agreement at the time this dealership changed hands ”.

Clearly the fact that his company had sold me the service plan and had instructed me to take it to Macklin Motors for the service, was lost on the MD. I did not, and have never had any personal contractual arrangement with Macklin Motors. So I replied, pointing out his error, and mentioning the implied term within the Supply of Goods and Services Act 1982, Section 13 which specifically states that the person who is responsible is the “Supplier”... not the person undertaking the work on behalf of the supplier of the service. , MD of Phoenix Car Company again replied stating “We have no obligation to become involved in the quality of information or workmanship carried out by Macklin Motors. Our agreement with them is to carry out the servicing work for you as per the original service plan agreement. Disputes over extra work are not covered by this agreement”. Clearly he  had not read either of my 2 letters properly, as my complaint concerned a failure to carry out the work as per the service plan. I had not at any point requested any additional work be carried out.

So what did Macklin Motors have to say about this?...  Service Manager at Macklin Motors Hyundai Edinburgh East, replied with “ I have checked all the relevant paperwork in regards to this and we have carried out the service in accordance with the service plan that was sold to you by Phoenix ”.

Macklin Motors told me that they had carried out the proper scheduled Hyundai service on my vehicle, and that their paperwork supported this. Well the paperwork helpfully printed off for me by the lovely girl at their branch, the photos I have showing filthy filters, worn spark plugs, and oil dripping from an incorrectly torqued sump plug, and the report from my mechanic all proves differently.

So there you have it. Phoenix Car Company of Linwood sold me a Service Plan, sub-contracted the work, and refused point-blank to accept responsibility for the subsequent sub-standard work contrary to the Supply of Goods and Services Act. Macklin Motors failed to carry out the service that they had been paid to do. And Hyundai Motor UK Customer Services batted my complaint back to the very incompetent dealers that the complaint was about.

The paperwork for a Small Claims Action at Edinburgh Sheriff Court was duly prepared, as I was going to claim a refund of a proportion of my service plan costs... an easy win given the evidence I had, however a change of job required a larger vehicle for a much longer commute. I sold the Hyundai and purchased a new vehicle from a dealership in the Scottish Borders who have been an absolute pleasure to deal with and who will likely get my repeat business for years to come if they maintain their present standards. I was delighted to see the back of the incompetent dealers Phoenix Car Company of Linwood, and Macklin Motors. My only regret was in needing a new car so quickly, that I didn’t get to keep the Hyundai another 2-3 months in order to progress and win a small claims action against Phoenix.