Car transporting - some legal advice please?
Discussion
End of March I booked a car transport company to pick up my car in Toulouse and take it back to UK. I told them at the time and five or six times subsequently that the car had to be back in UK by 29 April and I gave them a collection date of any day between 19 and 28 April. To cut a long story short, despite repeated daily calls from me (they never called back despite promises to do so) they just didn't collect the car and the best option they came up with on 27 April was to collect the car on the 28 or 29th and deliver it 4 days late. The car was booked in to a show on 2 May so getting the car back to UK on the 4th is a bit pointless.
In the end I drove the car back.
I've asked the company for a refund of the fee but they claim that their T.o.B's don't guarantee delivery dates and basically that I'm not getting a refund. I'll admit to not reading their T.o. B;s and relied on the phone call I had with them at the time of booking.
So anything I can do or should I just write the £650 off? To my mind they can't just say we'll move your car or whatever when it's convenient to them? Surely I've got some input into collection and delivery dayes, after all I did give them a two week collection window and told them from day 1 the delivery date was fixed.
I'm quite happy to do an on-line small claims court process but do I have a leg to stand on or are their T.o.B's solid?
In the end I drove the car back.
I've asked the company for a refund of the fee but they claim that their T.o.B's don't guarantee delivery dates and basically that I'm not getting a refund. I'll admit to not reading their T.o. B;s and relied on the phone call I had with them at the time of booking.
So anything I can do or should I just write the £650 off? To my mind they can't just say we'll move your car or whatever when it's convenient to them? Surely I've got some input into collection and delivery dayes, after all I did give them a two week collection window and told them from day 1 the delivery date was fixed.
I'm quite happy to do an on-line small claims court process but do I have a leg to stand on or are their T.o.B's solid?
ToB's basically say they don't guarantee dates of collection or delivery and there's no refunds for cancellations for any reason. So I've pointed out to them that that really means they can just take someone's money and never bother collecting their car.
Yes of course I SHOULD have read the ToB's and SHOULD have put everything on e-mail, but you trust people to do what they promise don't you?
And re driving the car back, it's a kit car based on a 88 Sierra that has only done about 700 miles in the last 10 years (car took nine years to build and was finished last year,) and I didn't really want to put too much strain on effectively a 22 year old car, hence I was happy to pay for it to go on the transporter. In the end I took two days to drive it back, 68mph and 3,000rpm for hour after boring hour and it did it fine without missing a beat. Really impresssd that I got 38mpg from it too, but this is all missing the point.
I wanted it to come by transporter and was happy to pay the £650 but despite giving them a two week window, they never turned up. Well lestways they say it would have turned upo 4 days too late. So I want my money back. Not unreasonable is it?
Yes of course I SHOULD have read the ToB's and SHOULD have put everything on e-mail, but you trust people to do what they promise don't you?
And re driving the car back, it's a kit car based on a 88 Sierra that has only done about 700 miles in the last 10 years (car took nine years to build and was finished last year,) and I didn't really want to put too much strain on effectively a 22 year old car, hence I was happy to pay for it to go on the transporter. In the end I took two days to drive it back, 68mph and 3,000rpm for hour after boring hour and it did it fine without missing a beat. Really impresssd that I got 38mpg from it too, but this is all missing the point.
I wanted it to come by transporter and was happy to pay the £650 but despite giving them a two week window, they never turned up. Well lestways they say it would have turned upo 4 days too late. So I want my money back. Not unreasonable is it?
Assuming that you were dealing as a consumer and that the company is based in England, their ts and cs may be unenforceable under the Unfair Terms in Consumer Contracts Act 1977. This applies when a contract unreasonably claims to be entitled to make a contractual performance substantially different from that which was reasonably expected of it. The term may also be unfair according to the Unfair Terms in Consumer Contracts Regulations 1999.
You may wish to chance your arm with a small claim.
You may wish to chance your arm with a small claim.
ColinM50 said:
End of March I booked a car transport company to pick up my car in Toulouse and take it back to UK. I told them at the time and five or six times subsequently that the car had to be back in UK by 29 April and I gave them a collection date of any day between 19 and 28 April.
Surely this forms part of your contract with them? They agreed to accept the booking to deliver the car in the UK by April 29th. They didn't.
As above, write to them advising them that you are seeking a refund and are taking advice on whether to pursue the additional costs you've had to bear....
Thought you might like to know what happened next as the saying goes.
Well I WON thanks in no small part to this, and another, forum
I got an e-mail back from them on 18 May basically saying they dispute I ever told them the car had to be back by a certain date and they also came up with all sorts of reasons why they don't guarantee delivery dates. But, in their words, "as a gesture of goodwill" they were prepared to offer me half my money back. But effectively they were saying I was a liar.
I was then a bit busy for a couple of weeks so didn't reply to them till last week and on 2 Jun I countered their arguments and added what I thought was a pretty cutting riposte. "You also say XXX denies my assertion that I told him on numerous occasions that the car HAD to be in the UK on the given date. Well presumably you and your husband YYY own the business whereas XXX is a booking clerk? So using your choice of words “without accusations towards him”, I am reminded of Christine Keeler’s comments during the Profumo scandal back in the early 70’s “he would say that wouldn’t he?”
Also again pointed out to them the Unfair Contract Terms Act (thanks Amateurish for that one) and I gave them yet another copy "for their files". And finally I then gave them a very clear option; refund all my money within seven days or I will go to court.
YYY (the MD) sent me an e-mail back 3 hours later apologising and saying "I do accept that XXX has not been entirely truthful with us regards to his dealings with you". He went on to ask for my bank details so he could refund all my money.
That was last Wednesday and not had a chance to check with the bank but I'm sure they wouldn't just not pay.
So I won and a big Thank You to EVERYBODY here who contributed and gave me the necessary ammunition.
So chalk another "kill" up for the forum. Well done chaps and chapesses and it just goes to show, if you know your rights and are firm, fair and reasonable, you WILL win. I never doubted it for a minute and I would have gone to Small Claims Court with it
Anyway, thanks to everyone who helped.
Well I WON thanks in no small part to this, and another, forum
I got an e-mail back from them on 18 May basically saying they dispute I ever told them the car had to be back by a certain date and they also came up with all sorts of reasons why they don't guarantee delivery dates. But, in their words, "as a gesture of goodwill" they were prepared to offer me half my money back. But effectively they were saying I was a liar.
I was then a bit busy for a couple of weeks so didn't reply to them till last week and on 2 Jun I countered their arguments and added what I thought was a pretty cutting riposte. "You also say XXX denies my assertion that I told him on numerous occasions that the car HAD to be in the UK on the given date. Well presumably you and your husband YYY own the business whereas XXX is a booking clerk? So using your choice of words “without accusations towards him”, I am reminded of Christine Keeler’s comments during the Profumo scandal back in the early 70’s “he would say that wouldn’t he?”
Also again pointed out to them the Unfair Contract Terms Act (thanks Amateurish for that one) and I gave them yet another copy "for their files". And finally I then gave them a very clear option; refund all my money within seven days or I will go to court.
YYY (the MD) sent me an e-mail back 3 hours later apologising and saying "I do accept that XXX has not been entirely truthful with us regards to his dealings with you". He went on to ask for my bank details so he could refund all my money.
That was last Wednesday and not had a chance to check with the bank but I'm sure they wouldn't just not pay.
So I won and a big Thank You to EVERYBODY here who contributed and gave me the necessary ammunition.
So chalk another "kill" up for the forum. Well done chaps and chapesses and it just goes to show, if you know your rights and are firm, fair and reasonable, you WILL win. I never doubted it for a minute and I would have gone to Small Claims Court with it
Anyway, thanks to everyone who helped.
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