Main dealer has written car off
Discussion
Unfortunately it’s another one of those whinging threads.
So, main dealer collected my sisters car for a service. They have written it off last week. All looked ok as they provided a courtesy car and said they would sort it.
Through their solicitor they have offered 12k. Autotrader values the car at 13840 as a private seller. To buy the exact same car, costs £17k on the dealers website.
The solicitor for main dealer has said they won’t go above 12 and that’s a problem for her gap insurance not their problem. The solicitor has refused to speak to her other than to confirm she accepts the offer, the solicitor has also said they want their courtesy car back as it’s her problem if she won’t accept the offer.
I know insurance companies normally try to pay book price, but it feels like the dealer should really put right, especially as they wouldn’t sell her a replacement for that price.
If it had just been damaged and repaired we wouldn’t have had any complaints. Not looking for compensation. But I would have expected ‘like for like.’
Main dealer now won’t speak to her.
Her insurance company are not interested and won’t get involved.
Any advice?
Other than wait for full lockdown and go mental on the dealer stock knowing the police wouldn’t investigate.
So, main dealer collected my sisters car for a service. They have written it off last week. All looked ok as they provided a courtesy car and said they would sort it.
Through their solicitor they have offered 12k. Autotrader values the car at 13840 as a private seller. To buy the exact same car, costs £17k on the dealers website.
The solicitor for main dealer has said they won’t go above 12 and that’s a problem for her gap insurance not their problem. The solicitor has refused to speak to her other than to confirm she accepts the offer, the solicitor has also said they want their courtesy car back as it’s her problem if she won’t accept the offer.
I know insurance companies normally try to pay book price, but it feels like the dealer should really put right, especially as they wouldn’t sell her a replacement for that price.
If it had just been damaged and repaired we wouldn’t have had any complaints. Not looking for compensation. But I would have expected ‘like for like.’
Main dealer now won’t speak to her.
Her insurance company are not interested and won’t get involved.
Any advice?
Other than wait for full lockdown and go mental on the dealer stock knowing the police wouldn’t investigate.
Hi thanks for replies. The dealer are insisting it s an insurance problem nothing to do with them.
The insurance have passed it to their solicitor who is stating the offer is non negotiable.
I wanted to give the dealer the chance to put right before any online reviews or social media type thing.
I do feel under the circumstances they should provide a like for like.
If I took a suit into the suit shop I bought it from for an alteration and they ruined it. I would expect another suit off them.
Her car insurance won’t get involved, she doesn’t have house insurance she rents.
The insurance have passed it to their solicitor who is stating the offer is non negotiable.
I wanted to give the dealer the chance to put right before any online reviews or social media type thing.
I do feel under the circumstances they should provide a like for like.
If I took a suit into the suit shop I bought it from for an alteration and they ruined it. I would expect another suit off them.
Her car insurance won’t get involved, she doesn’t have house insurance she rents.
Hi thanks for replies everyone.
I’m still trying to confirm all of the details. Sister
is very upset by it all and has shocked how the ‘solicitor’ spoke to her.
I might be putting 2 and 2 together and getting 5. So not pretending I fully understand. Here is what I suspect has happened.
Main dealer crash car
Main dealer have done a report on repair and concluded repair makes it a right off
Legal firm have decided £12k is reasonable compensation for car
Legal firm not interested in negotiating and got shirty and unpleasant when she phoned to discuss the below
Legal firm are aware of gap insurance and have decided they will make up the difference
‘Solicitor’ before hanging up and refusing to take any calls apparently said ‘you’re no worse off, claim on your own gap insurance it’s what it’s for’
Not sure if this will be deleted
I’m still trying to confirm all of the details. Sister
is very upset by it all and has shocked how the ‘solicitor’ spoke to her.
I might be putting 2 and 2 together and getting 5. So not pretending I fully understand. Here is what I suspect has happened.
Main dealer crash car
Main dealer have done a report on repair and concluded repair makes it a right off
Legal firm have decided £12k is reasonable compensation for car
Legal firm not interested in negotiating and got shirty and unpleasant when she phoned to discuss the below
Legal firm are aware of gap insurance and have decided they will make up the difference
‘Solicitor’ before hanging up and refusing to take any calls apparently said ‘you’re no worse off, claim on your own gap insurance it’s what it’s for’
Not sure if this will be deleted
Edited by Flumpo on Tuesday 17th March 22:46
Edited by Flumpo on Tuesday 17th March 22:48
Edited by Flumpo on Tuesday 17th March 23:04
I don’t have any further details from last night but a few quick responses:
Sister has spoken to her insurance, they have categorically said she isn’t covered with them for this. They are not going to get involved. - I will suggest she phoned them again and asks specifically about motor legal insurance.
The gap situation is being made slightly complicated. She has phoned them 3 times but the people she gets through to are ‘computer says no’ types. They are unable to start the claim until they have the insurance details of the driver. Solicitor won’t give out these details and says gdpr. Solicitor now refusing to discuss anything or take calls.
It takes over an hour to get through to the gap people who are only open 9-5. Added to that she works for a company who support working from home software. Unsurprisingly they are incredibly busy at the moment. Her boss isn’t happy about her making hour long phone calls during his busiest period ever.
I will ask if she is in the aa, I doubt it but I would think she has some scheme through Mercedes.
Thanks for replies.
Sister has spoken to her insurance, they have categorically said she isn’t covered with them for this. They are not going to get involved. - I will suggest she phoned them again and asks specifically about motor legal insurance.
The gap situation is being made slightly complicated. She has phoned them 3 times but the people she gets through to are ‘computer says no’ types. They are unable to start the claim until they have the insurance details of the driver. Solicitor won’t give out these details and says gdpr. Solicitor now refusing to discuss anything or take calls.
It takes over an hour to get through to the gap people who are only open 9-5. Added to that she works for a company who support working from home software. Unsurprisingly they are incredibly busy at the moment. Her boss isn’t happy about her making hour long phone calls during his busiest period ever.
I will ask if she is in the aa, I doubt it but I would think she has some scheme through Mercedes.
Thanks for replies.
I’ve given her the key points from on here - are no people are not solicitors but worth a starting point.
She has phoned dealer:
-said she is not dealing with the solicitor any more - person from email and phone explicitly told her she was a solicitor - looks like she might not be.
- said she need to keep the courtesy car until this is resolved as she can’t get to work without a vehicle. At the very least this should be a gesture of good Will from the dealer
- said she wants a replacement like for like car, she can provide details from their own website of cars that match hers.
- tell that that she will be taking legal action if they can’t resolve this amicably and fairly.
- express how disappointed she is that she has bought a car from them, they have damaged it, all be it by accident but are unwilling to put it right. As a customer who was otherwise very happy is shocked by her treatment. She is not looking for compensation, just to be put back into a like for like vehicle, which funnily enough they have several of.
- is chasing up her insurance again to check motor legal cover.
She has managed to speak to dealer, he has said he will look into it and will phone her back. Was more helpful than the law firm. But she is prepared to be fobbed off.
She has phoned dealer:
-said she is not dealing with the solicitor any more - person from email and phone explicitly told her she was a solicitor - looks like she might not be.
- said she need to keep the courtesy car until this is resolved as she can’t get to work without a vehicle. At the very least this should be a gesture of good Will from the dealer
- said she wants a replacement like for like car, she can provide details from their own website of cars that match hers.
- tell that that she will be taking legal action if they can’t resolve this amicably and fairly.
- express how disappointed she is that she has bought a car from them, they have damaged it, all be it by accident but are unwilling to put it right. As a customer who was otherwise very happy is shocked by her treatment. She is not looking for compensation, just to be put back into a like for like vehicle, which funnily enough they have several of.
- is chasing up her insurance again to check motor legal cover.
She has managed to speak to dealer, he has said he will look into it and will phone her back. Was more helpful than the law firm. But she is prepared to be fobbed off.
Hi everyone
No update on this I’m afraid, had a busy day at work and fell asleep when I got in. Guessing my sister doesn’t want me ringing her right now for an update!
For those who were interested:
- Unknown when car was written off, or who was driving - ‘solicitor’ won’t give details
- sister has seen car as she went to get her stuff out of the boot.
- sisters car had gone into the back of someone at a fair speed we think
- So someone else’s car is involved, not confirmed by dealer but I doubt they drove into a wall?
-Looked like the front left of sisters car took the brunt
- all left hand side of sisters car badly scratched up
- cat s right off
- dealer was v embarrassed when it happened and apologetic, so she didn’t press them on details as trusted them on their word to put right, no shouting at them or being arsey, accidents happen.
These cars are of the same model, engine and age. Sisters car was on 25k miles.
These cars are NOT from the dealer in question, just taken from merc official used. Didn’t want to identify dealer. Although hers is red, maybe red makes them drop in value!
These look like strong money to me, but she did buy hers from a main dealer too. I’m sure you could get them cheaper private, but hers was approved used so feels unfair to compare other than retail.
As said all along, not bothered about money, so not trying to inflate the payout. A like for like car would have been fine. human decency would have been to expect a bunch of petrol station flowers and a box of chocolates. The fact they have gone straight to an aggressive solicitors firm is not what she expected.
No update on this I’m afraid, had a busy day at work and fell asleep when I got in. Guessing my sister doesn’t want me ringing her right now for an update!
For those who were interested:
- Unknown when car was written off, or who was driving - ‘solicitor’ won’t give details
- sister has seen car as she went to get her stuff out of the boot.
- sisters car had gone into the back of someone at a fair speed we think
- So someone else’s car is involved, not confirmed by dealer but I doubt they drove into a wall?
-Looked like the front left of sisters car took the brunt
- all left hand side of sisters car badly scratched up
- cat s right off
- dealer was v embarrassed when it happened and apologetic, so she didn’t press them on details as trusted them on their word to put right, no shouting at them or being arsey, accidents happen.
These cars are of the same model, engine and age. Sisters car was on 25k miles.
These cars are NOT from the dealer in question, just taken from merc official used. Didn’t want to identify dealer. Although hers is red, maybe red makes them drop in value!
These look like strong money to me, but she did buy hers from a main dealer too. I’m sure you could get them cheaper private, but hers was approved used so feels unfair to compare other than retail.
As said all along, not bothered about money, so not trying to inflate the payout. A like for like car would have been fine. human decency would have been to expect a bunch of petrol station flowers and a box of chocolates. The fact they have gone straight to an aggressive solicitors firm is not what she expected.
Edited by Flumpo on Thursday 19th March 01:37
2 sMoKiN bArReLs said:
OP, please come back! (don't let the squabbling put you off 
)
Hi don’t worry I will keep updating, sister is snowed under due to her job being wfh software. So no movement.)Looks like she will need to speak to a solicitor.
I imagine car dealers are going to shut from today. Although I’m considering telling her to tell them she is self isolating due to symptoms. Do they still want to send someone to collect the keys and courtesy car?
2 sMoKiN bArReLs said:
Flumpo said:
2 sMoKiN bArReLs said:
OP, please come back! (don't let the squabbling put you off )
Hi don’t worry I will keep updating, sister is snowed under due to her job being wfh software. So no movement.)Looks like she will need to speak to a solicitor.
I imagine car dealers are going to shut from today. Although I’m considering telling her to tell them she is self isolating due to symptoms. Do they still want to send someone to collect the keys and courtesy car?
Hi sorry, I will keep updating:
Sister managed to speak to the dealer and they confirmed they wouldn’t speak to her full stop about it.
But To confuse things the dealer slipped into the mix that it wasn’t their drivers fault and it was another vehicle that was at fault. This was his justification for them treating her badly (in our view) as it wasn’t their fault.
Not much use to my sister, but his conscience is clear based on this and she should stop bothering him and deal with their solicitor.
He also took this opportunity to remind her that they had completed the service and the vehicle was on its way back to her at the time of the accident. Therefore she still has the outstanding service invoice to pay ASAP and that they needed the courtesy car back.
We tried naming and shaming on various social media platforms but it would appear they already have so many bad reviews and complaints hers is lost amongst the masses. So no joy there. another disgruntled customer did provide personal contact info for the ceo so she has sent them an email. No reply.
Then the lockdown went into full swing and she has heard nothing about them wanting the courtesy car back so she still has it.
Their ‘solicitor’ has also gone quiet.
She needs to speak to a solicitor for advice but she’s a bit tied by what’s going on in general.
Will keep updating.
Again thanks for all the replies.
Sister managed to speak to the dealer and they confirmed they wouldn’t speak to her full stop about it.
But To confuse things the dealer slipped into the mix that it wasn’t their drivers fault and it was another vehicle that was at fault. This was his justification for them treating her badly (in our view) as it wasn’t their fault.
Not much use to my sister, but his conscience is clear based on this and she should stop bothering him and deal with their solicitor.
He also took this opportunity to remind her that they had completed the service and the vehicle was on its way back to her at the time of the accident. Therefore she still has the outstanding service invoice to pay ASAP and that they needed the courtesy car back.
We tried naming and shaming on various social media platforms but it would appear they already have so many bad reviews and complaints hers is lost amongst the masses. So no joy there. another disgruntled customer did provide personal contact info for the ceo so she has sent them an email. No reply.
Then the lockdown went into full swing and she has heard nothing about them wanting the courtesy car back so she still has it.
Their ‘solicitor’ has also gone quiet.
She needs to speak to a solicitor for advice but she’s a bit tied by what’s going on in general.
Will keep updating.
Again thanks for all the replies.
rlg43p said:
Flumpo said:
He also took this opportunity to remind her that they had completed the service and the vehicle was on its way back to her at the time of the accident. Therefore she still has the outstanding service invoice to pay ASAP and that they needed the courtesy car back.
This is mind bogglingly arrogant on the part of the dealer; I am truly shocked that someone could treat a customer in this fashion. Your sister really does need to get a solicitor involved as this is truly disgraceful. Does she have any entitlement to legal advice through her house or car insurance? If she doesn't I'd even be tempted to set up a justgiving page to see if anyone might assist with the fees if she can't afford it on her own. I would certainly contribute - hopefully you'd get the fees back at the end of a winning case.
See if you can get any advice from agtlaw (a PH contributor)
Flumpo said:
the dealer slipped into the mix that it wasn’t their drivers fault and it was another vehicle that was at fault. This was his justification for them treating her badly (in our view) as it wasn’t their fault.
Not much use to my sister, but his conscience is clear based on this and she should stop bothering him and deal with their solicitor.
This confuses me: if it was another party's fault surely it is that party's insurance that should be paying up for the car - not the dealer's?Not much use to my sister, but his conscience is clear based on this and she should stop bothering him and deal with their solicitor.
Again proper legal advice is required.
Will update below.
OK IT HAS BEEN RESOLVED
Now people will likely have different opinions on the rights and wrongs, legal take and moral stance taken by the dealer. But sister is ‘satisfied’.
The solicitor has upped the offer to £13,800 and finally released the details requested by sisters gap insurance.
Once she had the details they had previously refused to give out on gdpr reasons, the gap insurer agreed to open a case.
The gap insurance have agreed to return her to the sticker price she paid as per her cover for the difference after the £13,800.
Which she is ‘satisfied’ with. I say this rather than happy as we still believe the garage have acted like a set of scum bags over this. They still want the money for the service they have undertaken and no offer of a proper apology.
I have warned her that this may/will impact her insurance, but she needs a car, hasn’t got the money or time for a solicitor and just wants to draw a line under it.
The only sticking point now is getting the money as the solicitor has confirmed the money will be coming direct from the garage and currently they can’t get anyone to do it due to shut down. On the flip side the garage don’t want the curtesy car back as they are also shut.
I have passed on a suggestion I think was from here. Once the money has cleared she is going to ring them and say she’s really sorry. But She has written their car off. She’s valued it at £3,000, where do they want the cheque sending?
Just wanted to say thanks to everyone who has taken the time to reply. I don’t think anyone said we were being unreasonable which helped.
Cheers everyone.
Now people will likely have different opinions on the rights and wrongs, legal take and moral stance taken by the dealer. But sister is ‘satisfied’.
The solicitor has upped the offer to £13,800 and finally released the details requested by sisters gap insurance.
Once she had the details they had previously refused to give out on gdpr reasons, the gap insurer agreed to open a case.
The gap insurance have agreed to return her to the sticker price she paid as per her cover for the difference after the £13,800.
Which she is ‘satisfied’ with. I say this rather than happy as we still believe the garage have acted like a set of scum bags over this. They still want the money for the service they have undertaken and no offer of a proper apology.
I have warned her that this may/will impact her insurance, but she needs a car, hasn’t got the money or time for a solicitor and just wants to draw a line under it.
The only sticking point now is getting the money as the solicitor has confirmed the money will be coming direct from the garage and currently they can’t get anyone to do it due to shut down. On the flip side the garage don’t want the curtesy car back as they are also shut.
I have passed on a suggestion I think was from here. Once the money has cleared she is going to ring them and say she’s really sorry. But She has written their car off. She’s valued it at £3,000, where do they want the cheque sending?
Just wanted to say thanks to everyone who has taken the time to reply. I don’t think anyone said we were being unreasonable which helped.
Cheers everyone.
So, all paid out and everyone had moved on with their lives.
Or so we thought, sister has in the last hour revived mildly abusive personal messages from the driver who wrote her car off through Facebook.
I won’t repost his messages as I’m on the line of potentially contacting the police.
Why is everything always so complicated!
Or so we thought, sister has in the last hour revived mildly abusive personal messages from the driver who wrote her car off through Facebook.
I won’t repost his messages as I’m on the line of potentially contacting the police.
Why is everything always so complicated!
edthefed said:
She ok hun xxx
Ha ha, not sure if this is one of those sarky you ok hun things?!But A little concerned as this behaviour is a bit nutty. Rule one of any job is don’t contact customers directly as it will probably end in losing your job. So the guy is potentially not playing with a full deck.
Plus he knows where she lives. Hopefully all an over action and it’s just someone who’s done something silly. Maybe he has had a drink, he’s claiming she has cost him financial as no one is using the collect service due to her.
So quick update.
Sister has phoned 101 for advice and they said it’s unfortunately a private matter and unless threats of violence are involved it’s between her and the company. Complain to them if unhappy with their member of staff.
No reference number or logging of incident. Fair enough, I can understand people being rude to customers via social media is unpleasant but not a crime.
The guy is 53 (According to his Facebook) so we’re not dealing with a silly young lad as I originally thought.
She has the contact details for dealer manager and is going to report it tomorrow.
It just seems a really stupid thing for him to do and I’m hoping he doesn’t escalate if he’s told off.
Sister is very capable and has sorted all of this out herself so far. You just worry about nutters and she’s only 23 and lives on her own.
I’m sure it’s a mountain out of a molehill and all that.
Sister has phoned 101 for advice and they said it’s unfortunately a private matter and unless threats of violence are involved it’s between her and the company. Complain to them if unhappy with their member of staff.
No reference number or logging of incident. Fair enough, I can understand people being rude to customers via social media is unpleasant but not a crime.
The guy is 53 (According to his Facebook) so we’re not dealing with a silly young lad as I originally thought.
She has the contact details for dealer manager and is going to report it tomorrow.
It just seems a really stupid thing for him to do and I’m hoping he doesn’t escalate if he’s told off.
Sister is very capable and has sorted all of this out herself so far. You just worry about nutters and she’s only 23 and lives on her own.
I’m sure it’s a mountain out of a molehill and all that.
Dibble said:
The cops are talking rubbish. Potentially it’s a malicious communication under s2 of the Communications Act 2003 http://www.legislation.gov.uk/ukpga/2003/21/sectio... or (the start of) harassment under s1 of the Protection from Harassment Act 1997 (assuming it’s England or Wales) http://www.legislation.gov.uk/ukpga/1997/40/sectio... .
Tel your sister to get back on to the cops and insist it’s at least recorded as an incident and that she gets the reference number. If they refuse, get details of the person she’s speaking to - name and/or ID number. If they still don’t play ball, lodge a formal complaint. Keep a written note of the call (see below).
Hopefully, it’s just idiocy rather than malice from the driver, but it needs recording and nipping in the bud.
Make sure your sister screen shots everything. Don’t rely on the message being there, because it can be deleted by the other party, whereas a screen shot can’t. Facebook are a nightmare to deal with from a law enforcement point of view. They’re in the USA and don’t give a s
t about anyone abroad, so getting downloads/data/IP information is extremely unlucky. If you think the cops are disinterested, Facebook will make them look like superstars...
Get your sister to block the idiot as well, once she’s screen shotted everything. Don’t engage with him, on any level. Ignore, ignore, ignore. Without trying to send her into a panic, tell her to make sure she WRITES DOWN, WITH A PEN AND PAPER, anything “out of the ordinary”, as and when it occurs so it’s fresh in her mind and times and dates the entry. It’s extremely unlikely it’ll go anywhere or be needed, but better to have the evidence in the unlikely event it is needed if the bell end continues with his bell endery. Stuff like odd calls/unsolicited messages/strange vehicles/people at home.
Thanks for the response, I forgot to add she has blocked him. It did cross my mind that 101 isn’t really the police as such. Obviously you don’t want to overact but is it worth her popping to the actual police station or phoning her local one? It really sure as I’ve never had much to do with the police.Tel your sister to get back on to the cops and insist it’s at least recorded as an incident and that she gets the reference number. If they refuse, get details of the person she’s speaking to - name and/or ID number. If they still don’t play ball, lodge a formal complaint. Keep a written note of the call (see below).
Hopefully, it’s just idiocy rather than malice from the driver, but it needs recording and nipping in the bud.
Make sure your sister screen shots everything. Don’t rely on the message being there, because it can be deleted by the other party, whereas a screen shot can’t. Facebook are a nightmare to deal with from a law enforcement point of view. They’re in the USA and don’t give a s
t about anyone abroad, so getting downloads/data/IP information is extremely unlucky. If you think the cops are disinterested, Facebook will make them look like superstars...Get your sister to block the idiot as well, once she’s screen shotted everything. Don’t engage with him, on any level. Ignore, ignore, ignore. Without trying to send her into a panic, tell her to make sure she WRITES DOWN, WITH A PEN AND PAPER, anything “out of the ordinary”, as and when it occurs so it’s fresh in her mind and times and dates the entry. It’s extremely unlikely it’ll go anywhere or be needed, but better to have the evidence in the unlikely event it is needed if the bell end continues with his bell endery. Stuff like odd calls/unsolicited messages/strange vehicles/people at home.
It is all very odd and she has screen shots of all his messages. There were 4 before she blocked him.
Dibble said:
101 is fine. She needs to possibly be a little more politely insistent. Unfortunately, the call handlers answering 101 don’t always know what they’re talking about. That could be down to it being new staff, agency staff or just a lazy incompetent tosser. It could also be down to misunderstanding/lack of clarity. Tell her to try to remain calm, but insist it’s properly logged.
Will do, thanks for the advice.So hopefully the last update on this.
Sister has phoned and spoken to the manager today and subsequently sent him the messages. Manager phoned back and apologised and explained this shouldn’t have happened and is very sorry and so on. He said the guy would be spoken to in the strongest way. To which sister has said she doesn’t want anything like him being sacked. We all make silly mistakes and she just wants to move on, which we thought had happened.
Dealer has still been shocking in my opinion throughout this. But life is too short to be spending any more of her time on this.
To clear up a question, dealer did subtract the cost of service from final payout. Think it was about £300. Sister took the decision at the time any solicitors fee would make chasing it pointless and just wanted to end it.
Anyway, I’m reluctant to say all’s well that ends well, as it doesn’t really feel like a good ending. Butt she has a new car and can hopefully move on now.
Although, as this is PH the real sour end to the story is she replaced the A class with a Vauxhall Adam.
Thanks for all the replies.
Sister has phoned and spoken to the manager today and subsequently sent him the messages. Manager phoned back and apologised and explained this shouldn’t have happened and is very sorry and so on. He said the guy would be spoken to in the strongest way. To which sister has said she doesn’t want anything like him being sacked. We all make silly mistakes and she just wants to move on, which we thought had happened.
Dealer has still been shocking in my opinion throughout this. But life is too short to be spending any more of her time on this.
To clear up a question, dealer did subtract the cost of service from final payout. Think it was about £300. Sister took the decision at the time any solicitors fee would make chasing it pointless and just wanted to end it.
Anyway, I’m reluctant to say all’s well that ends well, as it doesn’t really feel like a good ending. Butt she has a new car and can hopefully move on now.
Although, as this is PH the real sour end to the story is she replaced the A class with a Vauxhall Adam.
Thanks for all the replies.
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