Much to do about Consumer (Rights) Protection in Jamaica: An open letter to Adam Stewart

Mr. Stewart,

I am writing to express my sheer disgust with the handling of an ongoing issue by ATL Automotive/Autobahn Limited (“ATL”). On or about January 12, 2024, I took delivery of a BMW MINI Countryman (“the Countryman”), which was represented to me by my then sales representative Tamika St. John as being a brand new 2024 Countryman. I chose the Countryman over a Toyota SUV due to my preference for classic-style vehicles over the more modern-looking ones. However, less than six weeks after taking possession, I noticed that the Countryman would unexpectedly shift from drive into neutral, especially when driving uphill, descending inclines, or merging into traffic. Around this time, it also once failed to start despite the fact that I had the key fob on my person at the time. I reported both issues to ATL in late February 2024. Mpho Spencer Selowa, ATL’s Aftersales Manager at the time, curtly informed me that the Countryman could not be exchanged for another (even a loaner model), because “that’s not how warranties work.” This same Selowa would eventually advise ATL’s Deputy Managing Director, Stephen Hector, in an email dated April 9, 2024, that “we should rather push for the evaluation route & buy back at market value…& bar her from doing business with us in the future” after taking offence to my unapologetically brusque style of expression.

In March 2024, I met with ATL’s Head of Business, Sloane Jackson, my sales representative Tamika St. John, and a witness to discuss the issues with the Countryman. I initially agreed to have the vehicle repaired under warranty, and move on, but later felt uneasy about keeping a brand-new vehicle which had manifested such serious issues. Between the meeting in March 2024 and the presentation of the Countryman to ATL in April 2024, the Countryman manifested further electrical issues, such as its mirrors folding on their own, the horn sounding unexpectedly, and the door pins opening and closing by themselves as the hazard lights flashed. Before taking the Countryman to ATL in April 2024, Stephen Hector, Deputy Director of ATL, had effectively communicated by email in early April 2024 that once the vehicle was returned, negotiations could begin regarding a buy-back at market value.

Given my mistrust of ATL, I then retained Michael Diamond (a much touted consumer rights expert) to formalize the process and ensure transparency. After the vehicle was presented to ATL, it validated only the transmission shifting issue and later indicated that this issue had been addressed. Given the mutual understanding that a buyback arrangement would be pursued, I commissioned a valuation report from a reputable company recognized by ScotiaProtect insurance, as agreed with ATL. However, ATL’s offer, made through Stephen Hector, was disrespectfully low, failing to consider the market or forced-sale value of the vehicle. As a result, I rejected ATL’s offer on or about May 28, 2024. In June, due to lingering concerns about the Countryman’s reliability, I acquired a lovely 2024 Toyota SUV, which has performed exceptionally well with no issues, and also handles beautifully. The Countryman, however, remains unreliable and is only driven periodically because a BMW Group Latin America customer service representative, Miguel Arias, informed me, after dialoguing with ATL, that the battery could fail if not driven regularly, which is not covered by the warranty.

Attempts to sell the Countryman on the open market. In particular, while there has been interest when persons ask whether the Countryman has ever manifested any issues, and I answer honestly, I never hear from them again. There is also the issue of the Countryman unexpectedly shifting itself from drive into neutral, which recurred in December, the jerking/pulsating it produces on the few occasions it is driven to avoid any issues with the battery, and its failure to start on more than one occasions even after it was presented to ATL to be “repaired” in April 2024. Additionally, the Countryman’s system has been intermittently indicated that the engine oil needed changing. These new developments have caused me to withdraw it from the market since I refuse to sell the Countryman in an unmerchantable state. The foregoing issues were reported to ATL between October 25, 2024 via an email to Moya Tinglin, Melissa Bailey and others, and December 23, 2024. My email of December 23 sent to Moya Tinglin, Melissa Bailey, Khara East (ATL’s attorney), and others was also forwarded to your private email address. However, I have received no response from ATL to the substantive issues regarding the Countryman's merchantability despite having repeatedly requested the same in writing since October 25, 2024 with the last email having been sent on December 23, 2024. I also raised the matter with BMW AG in Germany, but their responses have been unhelpful and quite frankly rather tone-deaf.  I have no intention of addressing these issues with the Countryman out of pocket. ATL’s lack of response to my emails will not make the legally binding and very much justiciable warranty agreement between ATL and I magically go away.

Since July, I have noticed numerous complaints online about ATL’s handling of customer issues on social media, some of which tagged your Twitter account. It seems that persons do not speak about their experiences publicly for fear that they might be sued for defamation regardless of what they say. But the use of defamation laws to suppress legitimate concerns on matters of public importance, like consumer rights protection, undermines fundamental democratic principles, including freedom of expression and freedom of the press. Given the persistent and serious issues with the Countryman, which have developed first less than 6 weeks, and now, less than 1 year after collection, I am questioning its merchantability at the time it was sold to me. In the Jason Samuels v. ATL Automotive Limited case, which ATL lost and has since appealed, Wint Blair J stated at paragraph 154 of her judgement that “a new car that cannot be driven safely is useless to its owner and cannot be described as of merchantable quality.” The Countryman, with less than 7,000 km in recorded mileage, cannot be considered safely drivable given the issues it has exhibited. This has led to my legitimate concerns about its merchantability at the time it was sold to me by ATL.

There is much to be done about consumer rights protection in Jamaica, and entities like the Consume Affairs Commission (CAC), which has failed to offer any practical and/or useful assistance (even refusing to assign me a case officer and number despite its Director of Field Operations, Cheryl Martin Tracey having promised to do so since July) should be leading the charge. So too should car dealerships like ATL. I look forward to finally hearing from ATL about the substantive issues regarding the Countryman's merchantability so that this rather protracted matter can be concluded once and for all.

Regards,

Amanda Janell DeAmor Quest