Dispute with a car transporter - damaged car and missing key

[s4tronic]

Looking for a bit of advice as to what to do.

I had car transported from London to Edinburgh. I used shiply to find best quote, selected provider that had 1400+ reviews, only few negative, and seemed in general like a decent business - states 4 vehicles, 8 drivers. Seemed very professional.

How wrong was I..... seemed professional only until you have an issue. Its a bit of a long story but bear with me.

Initial contact okay but took couple of days to arrange collection. Car arrived on the back of a flat bed lorry and driver (still smiley and nice at this point) proceeded to drive my car down and when parking the car he kerbed one of alloys badly, right in front of me!!! 1. I have seen it as I was standing right beside the car 2. all 4 wheels have been spotless and driver has actually sent me photo of minor scratches on the bumper when he collected the car which I was aware of.

When he got out and I quizzed him about it he got stroppy and said it must have been there!!! Starts rushing at this point, giving me paperwork to sign and packs up a trailer. In the meantime I am asking questions what are we doing about the alloy wheel, what is the procedure etc in case of accidental damage. Surely professional outfit would have one. He rudely insisted again that it wasn't him that damaged the car and demanded £250 balance in cash!

By this time he already sits in his lorry and speaks to me through an open window. I said I am not happy to pay until I know how I can claim for the alloy wheel. He kept asking if I am paying him or not, completely ignoring my questions about the damage to my car (talking over me). At this point, unsure we will get anywhere I asked him for a spare key to my car which I wasn't handed over yet. He tells me its in the boot and when I go to check he simply drove off. Of course spare key was no where to be found.

What followed is a sorry story of utter lack of professionalism and any customer care. I proceeded phoning both numbers I have for the driver and owner of the company, neither picking up. I have sent texts asking for a key back to which I received response they will send it only after I pay them remaining £250, giving me bank details. Needless to say I wasn't willing to risk it and requested them to send the key first. I even said look forget about alloy wheel damage which is only £75 to fix, just send me my spare key!

They basically stopped responding to my messages for the rest of the day until I said I am taking this to the police as they have my key and if car goes missing I want authorities to have their details and know about the situation.

At this point I got a phone call from a driver who started yelling at me to listen to him and to pay him his money and when I tried to reason with him I got a tirade of abuse with Fxxx off being shouted at me (customer!!!) repeatedly. In amidst this tirade he even told me I am just one unhappy customer and he has hundreds happy so he doesn't care about me!!! I was also threatened with court multiple times. Needless to say I hang up. He called again and situation pretty much repeated itself so I hung up again when he started swearing.

Since then, other than couple of messages, where I asked for a photo of the key to be sent to me as a proof they still have it (never received photo), there has been no communication back from the owner or the driver despite my messages asking to return back the key and I will settle the balance as I have said before. I have left them negative feedback on Shiply and assumed they do not want to resolve the matter. I'm still out of the pocket - approx £150 difference for a key (quote from dealer approx £400) and £75 for alloy wheel refurb but I'm not willing to be chasing these clowns only to be sworn at again.

Fast forward to today (5 days after car has been delivered with 1 key only when dealer has given them two keys) they send me an email with an invoice for £250. I replied to this I do not consider service completed as I only received one key for the car and I will pay when they deliver second key. I also asked for his insurance details so I can claim for the missing key and alloy wheel repair.
Not received response today but I'm expecting there isn't going to be one.

What are my options? I do not want to pay them as they have stole my key and damaged the car. I also do not want anything to do with them anymore, even at the expense of ordering new key, recoding existing one and refurbishing the alloy.
But I do not want these clowns to cause me further hassle by taking me to court where I will have to prove my side of the story. I have their text messages stating they will send the key after I pay them and I have photos of the damaged alloy wheel and text message stating that damaged alloy is between me and their insurance(!!!). Not sure if that would be enough in the eye of the law? I work in financial services so really do not want any court action against me in the odd chance that court would side with them. I'm tempted just to pay them £250 and scratch it up to experience but on the other hand why should I let them get away with it?

Any serious advice appreciated....

[anonymous-user]

if it was i would have paid under protest then claimed against them, the courts if needs be for the damage. You agreed a contract and have in effect broken it, so they could sue you for it.

[s4tronic]

The Spruce goose said:

if it was i would have paid under protest then claimed against them, the courts if needs be for the damage. You agreed a contract and have in effect broken it, so they could sue you for it.

But going by this logic they could deliver car with no wheels or stereo removed etc and are you suggesting they still met their end of the contract? Surely key, as much as anything else constitutes the part of the car in that respect and is covered by the scope of contract meaning they haven't completed the job?

[Shambler]

I can't see how you broke the contract if the driver drove off while you were checking for the spare key.

[numtumfutunch]

What?

I had a car transported after a breakdown a year or so ago
It was my pride and joy and to the best of my knowledge was in immaculate condition
How wrong was I?

When the guy arrived to collect it he recorded a dozen or so marks and blemishes - none visible to me - before I signed the collection receipt. To be fair microscopic forensic examination would probably have found in his favour but as far as I was concerned they were all inconsequential.

So back to my original "what"

Was this an old car or a new car and what did the pick up paperwork say?
If it was brand new or otherwise the state of the alloys should have been documented and your signature on collection refuted this surely????

Good luck!

[s4tronic]

Not that it matters as damage has been done right in front of me but it is a Maserati and all 4 alloys were spotless leaving the dealer. I know that for a fact.

[numtumfutunch]

s4tronic said:

Not that it matters as damage has been done right in front of me but it is a Maserati and all 4 alloys were spotless leaving the dealer. I know that for a fact.

How was that documented?

[mondeoman]

Dealers advert photos perhaps?

[Sir Bagalot]

You owe them £250.

They owe you £75 + £400

Small claims for £225

Simples

[s4tronic]

So the consensus is that I have to pay them the balance even though they left me without the spare key?

[MikeO996]

I’m not seeing a consensus. I’m not sure you’ve had definitive advice from anyone yet.
If it was delivered directly from the dealer then it sounds like you’ve got some pretty solid evidence that the alloys were fine when they were loaded onto the transporter (and that the spare key was given to the driver?).
Small claims seems the way forward, but someone should be able to advice as to whether you should pay the £250 or not. Concerning that the company doesn’t seem to have insurance (if so they’re keeping quiet about it)

[Rich135]

If you pay them you will likely not see the key, so I wouldn't be paying them. They are unlikely to take any action to recover the money, but even if they do, you can take action to recover your losses too.

[Bristol spark]

MikeO996 said:

Small claims seems the way forward

A lot of posters on PH seem to think its a piece of cake to get your money back with this.

It certainly is not, its stressful, time consuming and certainly not guaranteed to get your money back, and also be worse off with the court costs to pay yourself.

A dodgy company will not care about CCJ's and will resprawn before the bailifs.

For the OP's loss its not worth it IMO.
Just dont pay the £250 and write the rest off if it was me.

[KevinCamaroSS]

Sir Bagalot said:

You owe them £250.

They owe you £75 + £400

Small claims for £225

Simples

I doubt you could get all the key systems replaced for just £400.

[paintman]

Providing someone from the dealership is prepared to attend court - I'd suggest you speak to them now to find that out - you are able to prove that the wheels were undamaged when collected.
Subject to the above proviso you are also able to prove that 2 keys were sent with the car.

Whilst you are understandably upset by the damage & the attitude of the company I can't see further discussion with them is going to achieve anything constructive.

I would suggest you pay the £250, get the spare key & then send an invoice for the cost of the wheel refurb. When they ignore that you can send a letter before action.

Bear in mind that if you do finish up going to court they will insist that the matter is heard at their local court & you will need to consider whether it's worth your time & travel costs plus those of the dealer - as your witness - who will be looking to you to pay their expenses.

Edited by paintman on Tuesday 10th October 09:32

[s4tronic]

Bristol spark said:

A lot of posters on PH seem to think its a piece of cake to get your money back with this.

It certainly is not, its stressful, time consuming and certainly not guaranteed to get your money back, and also be worse off with the court costs to pay yourself.

A dodgy company will not care about CCJ's and will resprawn before the bailifs.

For the OP's loss its not worth it IMO.
Just dont pay the £250 and write the rest off if it was me.

paintman said:

Providing someone from the dealership is prepared to attend court - I'd suggest you speak to them now to find that out - you are able to prove that the wheels were undamaged when collected.
Subject to the above proviso you are also able to prove that 2 keys were sent with the car.

Whilst you are understandably upset by the damage & the attitude of the company I can't see further discussion with them is going to achieve anything constructive.

I would suggest you pay the £250, get the spare key & then send an invoice for the cost of the wheel refurb. When they ignore that you can send a letter before action.

Bear in mind that if you do finish up going to court they will insist that the matter is heard at their local court & you will need to consider whether it's worth your time & travel costs plus those of the dealer - as your witness - who will be looking to you to pay their expenses.

Edited by paintman on Tuesday 10th October 09:32

It seems from what I read on the goverment website that SCC is simple enough to use and cost of making the claim is £35 for that amount. Its not apparently obvious that there would be any other costs.

With regards to the payment of £250 I'm inclined just to pay it with a note that its paid under protest and send them an invoice for a replacement key cost and wheel refurb as its suggested. If they do not respond within 14 days I would then submit the SCC case and guidelines say that if I'm suing the company (which I am in this case) then hearing should it come to it takes place at my local court.

I'm not sure dealer would be prepared to travel to the hearing but even if he doesn't - its always going to be my word against the one of the car transported with me backing up my claims with txt messages they have sent me which state
"they will send the key when when I pay £250"
"wheel damage is between myself and their insurer"
both of which to me are admission of guilt but then again I am impartial.

Other thing I just reminded myself about is that I haven't signed the paperwork presented to me upon delivery of the car so they have nothing to show that I have signed the delivery over as complete. Not that it changes my view but I think perhaps they would have trouble proving delivery was considered complete if I didn't pay £250.....

Oh what a mess....

[will_]

paintman said:

Providing someone from the dealership is prepared to attend court - I'd suggest you speak to them now to find that out - you are able to prove that the wheels were undamaged when collected.
Subject to the above proviso you are also able to prove that 2 keys were sent with the car.

Whilst you are understandably upset by the damage & the attitude of the company I can't see further discussion with them is going to achieve anything constructive.

I would suggest you pay the £250, get the spare key & then send an invoice for the cost of the wheel refurb. When they ignore that you can send a letter before action.

Bear in mind that if you do finish up going to court they will insist that the matter is heard at their local court & you will need to consider whether it's worth your time & travel costs plus those of the dealer - as your witness - who will be looking to you to pay their expenses.

Edited by paintman on Tuesday 10th October 09:32

Personally I wouldn't pay the £250 (even if that puts you in breach of contract). Let them sue you, and then you can counter-claim for your losses.

This has some practical advantages:
1. They have to go through the effort of issuing proceedings - I doubt that they will.
2. You, as the defendant, can elect to have the case heard at your local court - that means more cost and hassle for them.

I doubt very much that they will do anything further - it is too much effort for relatively little reward, and they will know that the messages which they sent you are unhelpful to their position.

Can you disable the spare key, and just buy (and re-code) a replacement? Or do you need to change all the locks?

Also, was there a damage report when they collected the car (if so, presumably it shows no damage to the wheels)? Is the damage to the alloy marked on the return report?

[will_]

s4tronic said:

It seems from what I read on the goverment website that SCC is simple enough to use and cost of making the claim is £35 for that amount. Its not apparently obvious that there would be any other costs.

With regards to the payment of £250 I'm inclined just to pay it with a note that its paid under protest and send them an invoice for a replacement key cost and wheel refurb as its suggested. If they do not respond within 14 days I would then submit the SCC case and guidelines say that if I'm suing the company (which I am in this case) then hearing should it come to it takes place at my local court.

I'm not sure dealer would be prepared to travel to the hearing but even if he doesn't - its always going to be my word against the one of the car transported with me backing up my claims with txt messages they have sent me which state
"they will send the key when when I pay £250"
"wheel damage is between myself and their insurer"
both of which to me are admission of guilt but then again I am impartial.

Other thing I just reminded myself about is that I haven't signed the paperwork presented to me upon delivery of the car so they have nothing to show that I have signed the delivery over as complete. Not that it changes my view but I think perhaps they would have trouble proving delivery was considered complete if I didn't pay £250.....

Oh what a mess....

There are unlikely to be awards of legal costs in Small Claims proceedings unless one party has behaved particularly unreasonably. However, the successful party may be entitled to modest travelling costs etc.

If you pay, even under protest, do you think that they will respond to your claim? Does the company have any assets? Is it worth your time and effort to pursue the difference?

You are in a strong position here because you already have "their" money. Let them sue you for it.

[anonymous-user]

the reason i suggested the recourse as take the emotional stance away you are at stale mate and would be hard to get back to amicable ground.

ive used the small claims against a billion dollar company as soon as the court letter was sent i got my money. cost 85 pounds but worth it. Unless you can find away to negotiate a better outcome , sometimes needs an outsider to get the process completed.

[s4tronic]

assuming they do sue me to small claims court, if the court finds in their favour then do I simply pay and counter sue for at this point? How does this appear then in my financial history? i.e. has to be declared etc?

Can they offload the debt to any debt collection agencies without court order?

My worry is if I decide to leave it and they pursue through court
a) I'll have to pay more than £250 and will have to then prove my case against them
b) it causes me hassle with work as I work in financial services and need to have clear history.