Insurance company sold my car without my consent :(
Insurance company sold my car without my consent :(
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Discussion

zafaranwar12

Original Poster:

3 posts

44 months

Thursday 2nd February 2023
quotequote all
hi People,

looking for some support and guidance

in brief, had a knock in my car only a minor, and opted to buy my car back ..weeks later after chasing them regularly they informed me they'd accidentally sold my car at auction !!
They took well over 8 weeks to investigate why my car was sold when I'd opted to buy it back,, and came back with .. a simple sorry its an admin error, not much we can do now .. for the inconvenience we will offer you £150 ..

that's the short version, to say they handled my claim and the issues they themselves created like a bag of poop would be an underatsnemnt

is this normal ?? any help or guidance would be appreciated

Krikkit

27,938 posts

211 months

Thursday 2nd February 2023
quotequote all
Not normal practice but mistakes happen.

If you don't like the result take it up with the ombudsman, but I doubt they'll do much, at most they might give you a bit more compensation, but they won't be able to get your car back...

Hammer67

6,454 posts

214 months

Thursday 2nd February 2023
quotequote all
If it was only a minor knock why did the insurance company have possession of it?

Surely you would have continued to use it pending the outcome.

deckster

9,631 posts

285 months

Thursday 2nd February 2023
quotequote all
Simply put, they didn't sell your car as it wasn't your car any more - it was their car from the point they decided to write it off, and you as the policy holder don't have any say in whether they decide to write it off or not.

The fact that they may have gone back on an agreement that they would sell you a car they currently owned is a different issue but without a binding contract I don't see that you've got much comeback here. Although I freely acknowledge it is exceedingly annoying to you.

In terms of what you can do, a formal complaint, escalated, and ultimately taken to the insurance ombudsman is the course you will have to take although you do need to be clear what you want them to do about it.

Ham_and_Jam

3,721 posts

127 months

Thursday 2nd February 2023
quotequote all
deckster said:
Simply put, they didn't sell your car as it wasn't your car any more - it was their car from the point they decided to write it off, and you as the policy holder don't have any say in whether they decide to write it off or not.
That’s a load of poop.

They don’t ever own the car without your express permission, therefore can’t write it off or sell it. That is done when both parties agree the same outcome.

OP, the horse has bolted. So your only recourse is to complain further to your insurance company or take it to the insurance ombudsman.

kambites

71,573 posts

251 months

Thursday 2nd February 2023
quotequote all
Depends on the exact sequence of events I guess. If you'd agreed a valuation and they'd sent you the money for the total-loss, it was presumably their car from that point onward and they were under no obligation to sell it back to you. If you hadn't been paid for the car it was still yours and they have basically sold a car they don't actually own.

zafaranwar12

Original Poster:

3 posts

44 months

Thursday 2nd February 2023
quotequote all
thanks, appreciate the feedback; I had agreed to buy the car back and was issued with a respective payout.
I think i've exhausted the escalation procedure with the insurance company .. it took them over 8 weeks to sit on it and come back with .. that life !! have £150.
I'm awaiting the final response letter and will raise with Financial Ombudsman

Ham_and_Jam

3,721 posts

127 months

Thursday 2nd February 2023
quotequote all
kambites said:
Depends on the exact sequence of events I guess. If you'd agreed a valuation and they'd sent you the money for the total-loss, it was presumably their car from that point onward and they were under no obligation to sell it back to you. If you hadn't been paid for the car it was still yours and they have basically sold a car they don't actually own.
I was assuming no agreement was made, but you are correct. It does depend on what was already agreedsmile

kambites

71,573 posts

251 months

Thursday 2nd February 2023
quotequote all
If they'd already paid out for the car, it seems that they didn't sell your car, they sold their car. I guess the question is whether the agreement to sell that car to you was binding enough for you to pursue them for breach of contract?

zafaranwar12

Original Poster:

3 posts

44 months

Thursday 2nd February 2023
quotequote all
Sorry take 2, multi-tasking then and wrote a sentence! - I'd agreed with my insurance company to retain the car and they covered the cost of the damage minus any fees for me to retain the car .. which is a normal process I assume.. but later; like almost 2 weeks, there was no sign of my car being returned, I chased them and they informed me that they had accidentally sold it via auction. .

TwigtheWonderkid

49,167 posts

180 months

Thursday 2nd February 2023
quotequote all
deckster said:
Simply put, they didn't sell your car as it wasn't your car any more - it was their car from the point they decided to write it off, and you as the policy holder don't have any say in whether they decide to write it off or not.
Utter rubbish. You have every say. It's your car!!! If they say they want to write your car off, you can say "no thanks, I'll keep the car and you pay me less the salvage value". If they don't agree to that, you can withdraw the claim completely. They cannot write off your car without your agreement.

In this case they agreed to let you keep the salvage, and just gave you the value less salvage. So the car was yours and they sold it. Technically, I image the car is still yours, and the new owner is not entitled to keep it. The new owner has a fight with the insurer who sold it. I think they call it fraudulent conversion, selling a car your are not entitled to sell.

I guess you could get a solicitor involved and begin the steps to recover your car. probably better if you get on to insurers and tell them their £150 compo needs another zero on the end, or you will be writing to DVLA, notifying the police that your car has been sold by someone who never owned it, and writing to DVLA. Also taking to social media to highlight what's happened.

Do you still have the V5 and a set of keys? If you do, and you know who has it, go and take it back (after checking with a solicitor). It's still your car.

dhutch

17,887 posts

227 months

Thursday 2nd February 2023
quotequote all
I guess in part how far you want to push it depends how significant/special/attached you are to the specific car Vs another of similar spec.

£150 sounds a rediculously small amount of compensation unless it was a £500 run if the mill shed.

petrolbloke

521 posts

187 months

Thursday 2nd February 2023
quotequote all
dhutch said:
I guess in part how far you want to push it depends how significant/special/attached you are to the specific car Vs another of similar spec.

£150 sounds a rediculously small amount of compensation unless it was a £500 run if the mill shed.
To me £150 sounds like a small amount of compensation even if it was a £500 shed.

richs2891

906 posts

283 months

Thursday 2nd February 2023
quotequote all
If the Insurance company paid you an amount less the fee to keep the car, then dont they owe you the difference ?
Or is that the £150 ?

Lo-Fi

1,291 posts

100 months

Thursday 2nd February 2023
quotequote all
"poop".

Haltamer

2,676 posts

110 months

Thursday 2nd February 2023
quotequote all
Well, If a car is stolen and sold without consent, It's still yours and up to the buyer to get a refund... biglaugh

rigga

8,806 posts

231 months

Friday 3rd February 2023
quotequote all
richs2891 said:
If the Insurance company paid you an amount less the fee to keep the car, then dont they owe you the difference ?
Or is that the £150 ?
I was wondering that , if he was paid the amount to be able to retain the car , then depending on the value of the car at the time of the accident, isn't he owed much more ?

What was the car value OP ?