Car Nicked From Dealer - What Do I Do Now?
Discussion
Richard-390a0 said:
What do you do now? It's the dealers problem to resolve & for them to claim on their insurance & not yours. It was 'stolen' whilst in their care & therefore their responsibility...
Unless you can prove that they were negligent whist the car was in their care then their insurer has no liability and it’s for the OP to claim off his own insurance.smokey mow said:
Unless you can prove that they were negligent whist the car was in their care then their insurer has no liability and it’s for the OP to claim off his own insurance.
Indeed so the first thing for the OP to do is to validate the theft story by getting the crime ref number from the dealer. If you can't get that, report it stolenSheepshanks said:
123DWA said:
Would OP be able to reject the car without the car being present?
Of course he can't. The suggestions to do this are barmy.It's a mess because the OP's insurance might carry a significant excess, and what he's insured is a faulty car with little value.
The best hope is if the OP paid for it by credit card. Even just a deposit?
rlg43p said:
I'd be tempted to get some genuine legal advice as to what your options are.
I.e.: can you reject the car and ask for a full refund?
Whatever it seems well dodgy. Who steals a diesel Mito that's in a garage for repairs?
@OP you probably have a route to legal advice through your car insurance. They should advise.I.e.: can you reject the car and ask for a full refund?
Whatever it seems well dodgy. Who steals a diesel Mito that's in a garage for repairs?
Bill said:
Sheepshanks said:
Of course he can't. The suggestions to do this are barmy.
He returned the car to be fixed but it now can't be fixed... I'd be trying to make it the dealer's issue.It might not be 100% the legally correct route to take, but it doesn't sound like the dealership is likely to have legal advice to hand to refute it either.
I'd write a letter saying that as the car broke down within the 14 day cooling off period and has been returned, i'd like to make use of my rights to reject the car since it hasn't been repaired and returned within a reasonable time frame. Please can i have my money back.
They might have barristers on tap to refute it, but more likely they are just a small dealer trying to shift the problem onto someone else.
Posting from mobile, so quoting is a pain...
The rejection the car debate - I see what you (123DWA, Sheepshanks, VSKeith etc al.) are saying, but equally the car was collected from the first services I passed by them, and the keys were returned by post. The only bit of the car I have is the new keeper supplement of the V5c. (and we'd all agree that isn't actually part of the car as such) It has in a roundabout way been returned, even if it is no longer on the forecourt because of the theft.
In this case, the dealer has been entrusted a car they had previously sold to repair, and they've subsequently entrusted it to someone else to repair it, and it's been stolen from them. If this understanding is correct - my request for clarification has yet to be answered - then are we not both subject to losses due to the same third party's action/inaction, and therefore both entitled to a bailment claim from the third party?
The cause for rejecting the car is that it was not fit for purpose, and I was so worked up on the night that I let them talk me into letting them repair it. If it was fit for purpose, none of us would be having this conversation.
On payment by credit card - Unfortunately, both deposit and final payment were paid by bank transfer.
On police crime reference number - the dealer has sent me a number, but I don't how to check it; call 111 and talk to someone?
Rest I'll come back to when I can, used up my lunch break...
The rejection the car debate - I see what you (123DWA, Sheepshanks, VSKeith etc al.) are saying, but equally the car was collected from the first services I passed by them, and the keys were returned by post. The only bit of the car I have is the new keeper supplement of the V5c. (and we'd all agree that isn't actually part of the car as such) It has in a roundabout way been returned, even if it is no longer on the forecourt because of the theft.
In this case, the dealer has been entrusted a car they had previously sold to repair, and they've subsequently entrusted it to someone else to repair it, and it's been stolen from them. If this understanding is correct - my request for clarification has yet to be answered - then are we not both subject to losses due to the same third party's action/inaction, and therefore both entitled to a bailment claim from the third party?
The cause for rejecting the car is that it was not fit for purpose, and I was so worked up on the night that I let them talk me into letting them repair it. If it was fit for purpose, none of us would be having this conversation.
On payment by credit card - Unfortunately, both deposit and final payment were paid by bank transfer.
On police crime reference number - the dealer has sent me a number, but I don't how to check it; call 111 and talk to someone?
Rest I'll come back to when I can, used up my lunch break...
IMO it's certainly worth trying to reject it and if that works, great, although I suspect it won't as rejecting a car once it's been stolen doesn't sound like a valid reason as you'd agreed to let them repair it.
Unfortunately as someone with more legal/insurance knowledge has said - it's not down to their insurance unless it can be shown they were negligent. You claim on your insurance and if they decide it's worth investigating to try and recover the funds and succeed, you get your excess back and the claim is changed to 'non-fault'. In this case I can't see them doing that as the payout isn't worth it.
Not an expert, just opinion
Unfortunately as someone with more legal/insurance knowledge has said - it's not down to their insurance unless it can be shown they were negligent. You claim on your insurance and if they decide it's worth investigating to try and recover the funds and succeed, you get your excess back and the claim is changed to 'non-fault'. In this case I can't see them doing that as the payout isn't worth it.
Not an expert, just opinion
BertBert said:
As a rather bizaare suggestion, you might contact the force where it was reported stolen by tweet! I reported a theft in that way in leafy surrey and it worked very well. Send them a message with the reference, say it was your car and is there any update.
I think getting an update from the force in question is a good idea, by whatever means.does the garage still have the keys?
How was it stolen?
Did the garage take due care of the keys?
Was it the only car stolen?
It could even have been recovered by now and the wheels of bureaucrcy not got around to telling the keeper who isn't the OP...
Unfortunately, buying cars for sums like £2000 seems to be a nightmare these days.
OutInTheShed said:
I think getting an update from the force in question is a good idea, by whatever means.
does the garage still have the keys?
How was it stolen?
Did the garage take due care of the keys?
Was it the only car stolen?
It could even have been recovered by now and the wheels of bureaucrcy not got around to telling the keeper who isn't the OP...
Unfortunately, buying cars for sums like £2000 seems to be a nightmare these days.
You certainly want the crime number anyway and if it hasn't been reported to them as stolen then you'd want to expand on that conversation as you don't want to get caught up in what would be a clear attempt at insurance fraud. Either way I would be erring towards a general belief that this is an attempt at fraud and act accordingly. does the garage still have the keys?
How was it stolen?
Did the garage take due care of the keys?
Was it the only car stolen?
It could even have been recovered by now and the wheels of bureaucrcy not got around to telling the keeper who isn't the OP...
Unfortunately, buying cars for sums like £2000 seems to be a nightmare these days.
Number 1. Ask for a crime reference number.
B) contact the police and either report the theft, or ask for more details for you to pass onto your insurer.
iii ) write a letter rejecting the car, demanding £2k, given that it broke down on the way home.
4) contact your bank asking for reversal of monies paid
e) go to Google reviews write a scathing review of said dealer.
Vi) send around Danny
7) Claim on insurance. Let them investigate the t
ts.
B) contact the police and either report the theft, or ask for more details for you to pass onto your insurer.
iii ) write a letter rejecting the car, demanding £2k, given that it broke down on the way home.
4) contact your bank asking for reversal of monies paid
e) go to Google reviews write a scathing review of said dealer.
Vi) send around Danny
7) Claim on insurance. Let them investigate the t
ts.petrolbloke said:
Sounds suspect to me.
Cheap car with a fault that might not be cost effective to fix gets 'stolen' while the garage are fixing it. Dealer keeps their ££ and the poor buyer claims on their insurance. Easy way to profit from knackered old cars. I'd be surprised if a faulty diesel Mito would be desirable to a car thief but maybe it was taken with the keys or not actually stolen at all.
Have you got any more information about the dealer?
I'd also be asking for full details of where the car was when it was stolen, if it was stolen with keys etc.
How did you pay for the car?
I'd be looking to avoid claiming as it'll affect you for years. Being a relatively cheap car I doubt it'd be worth the insurers investigating/pursuing anyone else for costs.
I would put money on it that the dealer has found out what's wrong with it and has now come up with the BS that its been nicked. This way their problem and potential loss of profit disappears into thin air.Cheap car with a fault that might not be cost effective to fix gets 'stolen' while the garage are fixing it. Dealer keeps their ££ and the poor buyer claims on their insurance. Easy way to profit from knackered old cars. I'd be surprised if a faulty diesel Mito would be desirable to a car thief but maybe it was taken with the keys or not actually stolen at all.
Have you got any more information about the dealer?
I'd also be asking for full details of where the car was when it was stolen, if it was stolen with keys etc.
How did you pay for the car?
I'd be looking to avoid claiming as it'll affect you for years. Being a relatively cheap car I doubt it'd be worth the insurers investigating/pursuing anyone else for costs.
Not sure how far away the dealer and mechanics place is from you but I would be sneaking around there to take a quick look. (Starting at mechanics first) Who doesn't love catching out liars (especially car dealers).
I would definately make sure they give you a crime reference number, tests the water if nothing more.
Firstly, horrible position to be in OP. Echoing what has already been said, get the crime reference number and asking for an update would be my starting point. If the crime ref points out to be nothing, I'd be reporting it as stolen myself and just take it to your insurers. Appreciate it'll cause a knock on impact, but you'll be declaring it regardless so just lose the hassle and let them do what you pay for.
...... said:
a second hand car dealer in a city a hundred miles or so from where I live
City starting with a B perhaps?I've just finished a phone call with the dealer and a separate phone call with West Midlands Police after giving them the number the car; they've taken my details, added the car to the ANPR list etc. and reassured that they are going to investigate. They say I need to put the claim through on my insurance, so that settles that part of the debate.
The call to the dealer has given me the name of the company from where the car was stolen, and it's been said it was stolen from outside the garage premises, and they've offered to fund part of the excess as a goodwill gesture. We'll see what happens.
Doesn't seem like much point trying to reject the car if I have to claim off my insurance anyway, so now typing a quick update on PH while on hold to them.
The call to the dealer has given me the name of the company from where the car was stolen, and it's been said it was stolen from outside the garage premises, and they've offered to fund part of the excess as a goodwill gesture. We'll see what happens.
Doesn't seem like much point trying to reject the car if I have to claim off my insurance anyway, so now typing a quick update on PH while on hold to them.
OP. I think it's fair to say that there won't be any Police investigation other than the original report and, alas, the car is long gone
It appears you know the name of the garage that the car was stolen from. You stated that the car was taken at 1am, which I assume came from the owners of the garage? How do they know it went at this time? Again I guess it was picked upon their CCTV? To satisfy my own curiosity I'd be asking the garage if they had footage of the theft, having first checked on Google Maps to see if they had overt cameras fitted.
My suspicions would be further raised if they said the theft wasn't caught on film or some of the cameras weren't working.
Fingers crossed you'll get a satisfactory outcome
It appears you know the name of the garage that the car was stolen from. You stated that the car was taken at 1am, which I assume came from the owners of the garage? How do they know it went at this time? Again I guess it was picked upon their CCTV? To satisfy my own curiosity I'd be asking the garage if they had footage of the theft, having first checked on Google Maps to see if they had overt cameras fitted.
My suspicions would be further raised if they said the theft wasn't caught on film or some of the cameras weren't working.
Fingers crossed you'll get a satisfactory outcome
...... said:
I've just finished a phone call with the dealer and a separate phone call with West Midlands Police after giving them the number the car; they've taken my details, added the car to the ANPR list etc. and reassured that they are going to investigate. They say I need to put the claim through on my insurance, so that settles that part of the debate.
The call to the dealer has given me the name of the company from where the car was stolen, and it's been said it was stolen from outside the garage premises, and they've offered to fund part of the excess as a goodwill gesture. We'll see what happens.
Doesn't seem like much point trying to reject the car if I have to claim off my insurance anyway, so now typing a quick update on PH while on hold to them.
did WMP confirm the crime ref no that the dealer gave you?The call to the dealer has given me the name of the company from where the car was stolen, and it's been said it was stolen from outside the garage premises, and they've offered to fund part of the excess as a goodwill gesture. We'll see what happens.
Doesn't seem like much point trying to reject the car if I have to claim off my insurance anyway, so now typing a quick update on PH while on hold to them.
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