Can they do this, is it legal.
Discussion
coyft said:
It is not unreasonable for the dealer to expect the OP to tighten the wheel nuts to the correct torque when they put the wheel back, unless the contract states differently.
The nuts were tightened to the correct torque. And as the OP stated his paperwork says that the nuts should be checked and re-torqued after first use. As does every piece of paper I have ever had when having work done on wheels that required them to be removed. coyft said:
You are confused.
The insurer doesn't decide whether the OP is liable, the insurer is only concerned as to whether the OP is entitled to recover the costs under the terms of his policy. I hope that clears it up for you.
The salient point here, is that the dealer thinks the OP is liable for their costs. The OP shouldn't have asked his insurer to sort it out, he should have discussed it with the dealer and made a commercial decision as to what to do.
If your theory is correct then there is no point in having insurance in the first place as the insurer would always decide not to pay out. The insurer effectively does determine whether the OP is liable and if he is liable they will pay out what they consider to be a reasonable amount on the claim. They will not pay out if the OP decides he is liable and settles the claim without their input.The insurer doesn't decide whether the OP is liable, the insurer is only concerned as to whether the OP is entitled to recover the costs under the terms of his policy. I hope that clears it up for you.
The salient point here, is that the dealer thinks the OP is liable for their costs. The OP shouldn't have asked his insurer to sort it out, he should have discussed it with the dealer and made a commercial decision as to what to do.
If we have a car accident then we put it all in the hands of the insurer, a negligence claim is no different. It is far better in fact that the matter is dealt with by the insurer anyway as the OP can then say it is all out of his hands.
Lets say the wheel had come of the car and the driver been seriously injured. Are you still saying the OP should be dealing with the claim not the insurer?
If the claim had been for a modest amount the OP may have decided not to involve his insurer but if the OP would be claiming on his policy then the insurance company will be involved.
Well, time for a catch up.
It seems, after lots of digging work by MYSELF that the only thing the vehicle needed was a new alloy, which was put to cost of vehicle, the £2500 plus vat that I've been stung for was paid to customer to keep him sweet.
My insurance company have been worse than useless, they came out and looked and the original alloy which I still have, and then that's it, nothing, useless t
ts, so today I put in a small claims court claim against dealership in question.
Let's see where this gets me.
It seems, after lots of digging work by MYSELF that the only thing the vehicle needed was a new alloy, which was put to cost of vehicle, the £2500 plus vat that I've been stung for was paid to customer to keep him sweet.
My insurance company have been worse than useless, they came out and looked and the original alloy which I still have, and then that's it, nothing, useless t
ts, so today I put in a small claims court claim against dealership in question.Let's see where this gets me.
Quattromaster said:
Well, time for a catch up.
It seems, after lots of digging work by MYSELF that the only thing the vehicle needed was a new alloy, which was put to cost of vehicle, the £2500 plus vat that I've been stung for was paid to customer to keep him sweet.
My insurance company have been worse than useless, they came out and looked and the original alloy which I still have, and then that's it, nothing, useless tts, so today I put in a small claims court claim against dealership in question.
Let's see where this gets me.
Good for you.It seems, after lots of digging work by MYSELF that the only thing the vehicle needed was a new alloy, which was put to cost of vehicle, the £2500 plus vat that I've been stung for was paid to customer to keep him sweet.
My insurance company have been worse than useless, they came out and looked and the original alloy which I still have, and then that's it, nothing, useless t
ts, so today I put in a small claims court claim against dealership in question.Let's see where this gets me.
Good luck with the claim.
I expect you have filed a straight forward debt claim? They have no contractual right of set off (I presume), so will have no defence at all against not paying the outstanding sums.
They will lose the claim and you can then unleash the high court bailiff or issue a winding up petition if they fail to pay.
They will then issue a claim for damages, which by the sound of it you will be able to defend.
Edited by johnfm on Tuesday 11th February 01:27
Well, nothing heard as yet, I can issue Judgement this Friday, so will do so with much speed.
As a side note just received this email from my insurance company, who in my opinion have been worse than useless in this matter, what do you think guys, I'm tempted to just say, hold fire with doing anything, see how the small claims action pans out.
...........................................................................................................................................................
Dear Mr Quattromaster,
I refer to the above claim reference and our previous correspondence concerning the same.
We have now been passed a workshop repair invoice from ********, please see attached. This sates that the following repairs were carried out; wheel hub, alloy wheel, bolts, wheel bearing. You will note that the repairs totalled £772.60.
This is some way from the £2500.00 which was deducted from your payments by ********. We propose to proceed with the following;
-Pass the invoice to our internal motor engineers to confirm if the repair costs are fair/reasonable. If they confirm this, we will proceed to reimburse you £772.60 less the applicable £500 policy excess.
-Make further investigation with ******** to determine the remaining balance (£1,727.40). Along with the cost of repairs, your policy covers you for consequential loss such as recovery/breakdown charges, loss of use, hire ect. We will therefore request confirmation from ******** why the further sum of £1,727.40 has been claimed. It is noted that they refer to this as a 'goodwill gesture', however we need to confirm if this covered charges for loss of use, breakdown ect. These costs will be able to be reimbursed by ourselves, however any 'goodwill gesture' cannot.
Once we have received a response from ******* and our internal engineer concerning the repair charges, we will revert to you.
Kind regards,
............................................................................................................................................................
I can only see myself getting £272.60 back of my £3000 if I let the insurance company proceed.
Edit......Thanks to whoever pointed out I left dealership in posting once, I guess most people can guess who it is anyway but thanks for pointer.
As a side note just received this email from my insurance company, who in my opinion have been worse than useless in this matter, what do you think guys, I'm tempted to just say, hold fire with doing anything, see how the small claims action pans out.
...........................................................................................................................................................
Dear Mr Quattromaster,
I refer to the above claim reference and our previous correspondence concerning the same.
We have now been passed a workshop repair invoice from ********, please see attached. This sates that the following repairs were carried out; wheel hub, alloy wheel, bolts, wheel bearing. You will note that the repairs totalled £772.60.
This is some way from the £2500.00 which was deducted from your payments by ********. We propose to proceed with the following;
-Pass the invoice to our internal motor engineers to confirm if the repair costs are fair/reasonable. If they confirm this, we will proceed to reimburse you £772.60 less the applicable £500 policy excess.
-Make further investigation with ******** to determine the remaining balance (£1,727.40). Along with the cost of repairs, your policy covers you for consequential loss such as recovery/breakdown charges, loss of use, hire ect. We will therefore request confirmation from ******** why the further sum of £1,727.40 has been claimed. It is noted that they refer to this as a 'goodwill gesture', however we need to confirm if this covered charges for loss of use, breakdown ect. These costs will be able to be reimbursed by ourselves, however any 'goodwill gesture' cannot.
Once we have received a response from ******* and our internal engineer concerning the repair charges, we will revert to you.
Kind regards,
............................................................................................................................................................
I can only see myself getting £272.60 back of my £3000 if I let the insurance company proceed.
Edit......Thanks to whoever pointed out I left dealership in posting once, I guess most people can guess who it is anyway but thanks for pointer.
Edited by Quattromaster on Wednesday 5th March 18:03
I can't see how they have a case?
You took the wheels off to paint them, they then PDI the car, which includes checking the wheel bolts are tightened correctly. They've clearly missed this part of the PDI so they're to blame surely?
Have you had a conversation with anyone higher up the food chain than the Dealer Principal? I would be asking for a copy of the PDI invoice to check the date - if it's definitely after you touched the car then I seriously can't believe they're trying to pin it on you!
Good luck, they sound like a bunch of spineless aholes!
You took the wheels off to paint them, they then PDI the car, which includes checking the wheel bolts are tightened correctly. They've clearly missed this part of the PDI so they're to blame surely?
Have you had a conversation with anyone higher up the food chain than the Dealer Principal? I would be asking for a copy of the PDI invoice to check the date - if it's definitely after you touched the car then I seriously can't believe they're trying to pin it on you!
Good luck, they sound like a bunch of spineless a
holes!
matc said:
I can't see how they have a case?
You took the wheels off to paint them, they then PDI the car, which includes checking the wheel bolts are tightened correctly. They've clearly missed this part of the PDI so they're to blame surely?
Have you had a conversation with anyone higher up the food chain than the Dealer Principal? I would be asking for a copy of the PDI invoice to check the date - if it's definitely after you touched the car then I seriously can't believe they're trying to pin it on you!
Good luck, they sound like a bunch of spineless aholes!
http://www.fullfatrr.com/gallery/albums/userpics/1...You took the wheels off to paint them, they then PDI the car, which includes checking the wheel bolts are tightened correctly. They've clearly missed this part of the PDI so they're to blame surely?
Have you had a conversation with anyone higher up the food chain than the Dealer Principal? I would be asking for a copy of the PDI invoice to check the date - if it's definitely after you touched the car then I seriously can't believe they're trying to pin it on you!
Good luck, they sound like a bunch of spineless a
holes!I would say that the dealer is 100% to blame. The PDI is there entirely to stop things like this from happening and if they don't do their job properly I don't see how you should be to blame for their consequential losses. Frankly I'm not even certain you should have paid for the alloy but I can understand why you did it.
davepoth said:
Frankly I'm not even certain you should have paid for the alloy but I can understand why you did it.
At present I've not paid them anything, I went and resprayed the "new" alloy black for them, FOC, so that it matched the others on vehicle.What amazes me is the insurance company know the £2500 was given to the customer as a goodwill gesture, know the only thing the vehicle needed was a new alloy, that was charged to cost of vehicle anyway, this means they must know the invoice that's appeared this week stating it needed hub,bearings and tons of other stuff is totally made up.
The "damaged" alloy sits in my unit, and is as new as any alloy that has only done 800 mile, with luck I will be paid/win the court case, and then be able to sell the alloy, lol.
Assuming you get judgement, if they do not pay up don't piss about ... get it transferred to the high court for enforcement.
Then enjoy the knowledge that the nice guys from the Sherrifs office are likely to go a-knocking
http://www.highcourtenforcement.net/
Then enjoy the knowledge that the nice guys from the Sherrifs office are likely to go a-knocking
http://www.highcourtenforcement.net/
sgrimshaw said:
Assuming you get judgement, if they do not pay up don't piss about ... get it transferred to the high court for enforcement. Then enjoy the knowledge that the nice guys from the Sherrifs office are likely to go a-knocking
http://www.highcourtenforcement.net/
Yes indeed. And what a great programme that was; fortunately I was on the dishing-out end http://www.highcourtenforcement.net/
Well I went for judgement, the dealership then issued an acknowledgement of service the next day, so judgement was rejected .
No idea what that means, time to get my reading glasses out and find out.
Edit....Seems that means they have given themselves another 14 days to mess me about/stall payment.
Bugger.
No idea what that means, time to get my reading glasses out and find out.
Edit....Seems that means they have given themselves another 14 days to mess me about/stall payment.
Bugger.
Edited by Quattromaster on Friday 14th March 10:21
Quattromaster said:
Well I went for judgement, the dealership then issued an acknowledgement of service the next day, so judgement was rejected .
No idea what that means, time to get my reading glasses out and find out.
That happened to me too - and like you the Court gave the defendant some slack on the timing.No idea what that means, time to get my reading glasses out and find out.
It means that you need to go on the next stage - Attendance something IIRC. Fill in some forms and request a Court hearing. I think then you get to see their written defence, and that is when you can see who has the most guns.
The question is whether they are simply playing the game and will roll over eventually, or fight to the bitter end.
If they fight hard it will take about 18 months so you're just beginning
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