Car Nicked From Dealer - What Do I Do Now?
Discussion
TL;DR - bought car two and a bit weeks ago. It broke down on way home. Dealer collected it, hasn't fixed it, and it's been nicked this morning. Never had this happen before, need advice.
Long:
I bought an Alfa Romeo MiTo for effectively £2k on 23rd March (my gorydamn birthday...) from a second hand car dealer in a city a hundred miles or so from where I live. On the test drive around the block it had a little bit less poke than I expected, but as I'm downsizing to effectively half the capacity I figured that was probably just my expectations. Bought the car. Turned out it wasn't me, and ended up with the most terrifying drive of my life in the few miles to the first services, where I left it and called the car dealer to explain what had happened. In hindsight should have just gotten off the motorway and bimbled home and take it to a garage a heck of a lot nearer, but hey, we're always wiser in hindsight...
They collected it on the Sunday, and they reckoned they could get it fixed for the next week, which I thought was... I could live with it.
Delays over Easter weren't their fault - I had to post the keys back to them and Royal Mail waited until last Wednesday, so they couldn't start until last week, and it was supposed to be ready this week.
And I got a call after I finished work today to tell me it has been nicked from the garage they had sent it to for repairs around 1am last night.
My policy is fully comprehensive, and I've just had a call to my insurer to notify them, but I haven't submitted a claim yet because I've been advised by family members that they should have policies for this kind of thing, and all this is just bouncing around the skull and... You have to laugh, don't you? I try.
The car itself met everything on my critera except being a little high mileage, and frankly I have enough going on that keeps me awake at night, and I really don't need to be chasing up a car dealer for a refund as well.
That said, I simply can't afford to write off said £2k. I also can't afford to wait more than a week; my workplace have been incredibly helpful in letting me borrow a Fiesta van for personal use, but my boss does need it back as it's a working vehicle on the farm and it also needs a service and MOT.
The dealer is a hundred miles away. Car probably still is too, given it wouldn't do more than 35mph...
I'm honestly too stressed to think properly; right now all of this is just the latest example in what has been a right annus horribilis from the start - frankly, at this point I'm not even surprised it's been nicked, such has been the year - and I need advice.
Long:
I bought an Alfa Romeo MiTo for effectively £2k on 23rd March (my gorydamn birthday...) from a second hand car dealer in a city a hundred miles or so from where I live. On the test drive around the block it had a little bit less poke than I expected, but as I'm downsizing to effectively half the capacity I figured that was probably just my expectations. Bought the car. Turned out it wasn't me, and ended up with the most terrifying drive of my life in the few miles to the first services, where I left it and called the car dealer to explain what had happened. In hindsight should have just gotten off the motorway and bimbled home and take it to a garage a heck of a lot nearer, but hey, we're always wiser in hindsight...
They collected it on the Sunday, and they reckoned they could get it fixed for the next week, which I thought was... I could live with it.
Delays over Easter weren't their fault - I had to post the keys back to them and Royal Mail waited until last Wednesday, so they couldn't start until last week, and it was supposed to be ready this week.
And I got a call after I finished work today to tell me it has been nicked from the garage they had sent it to for repairs around 1am last night.
My policy is fully comprehensive, and I've just had a call to my insurer to notify them, but I haven't submitted a claim yet because I've been advised by family members that they should have policies for this kind of thing, and all this is just bouncing around the skull and... You have to laugh, don't you? I try.
The car itself met everything on my critera except being a little high mileage, and frankly I have enough going on that keeps me awake at night, and I really don't need to be chasing up a car dealer for a refund as well.
That said, I simply can't afford to write off said £2k. I also can't afford to wait more than a week; my workplace have been incredibly helpful in letting me borrow a Fiesta van for personal use, but my boss does need it back as it's a working vehicle on the farm and it also needs a service and MOT.
The dealer is a hundred miles away. Car probably still is too, given it wouldn't do more than 35mph...
I'm honestly too stressed to think properly; right now all of this is just the latest example in what has been a right annus horribilis from the start - frankly, at this point I'm not even surprised it's been nicked, such has been the year - and I need advice.
I would submit a claim on your policy. Give your insurers the details of the garage and they can look to recover the loss from the garage's motor trade insurers, but in the short term, you just need your claim paid so you can move on, and trying to recover it yourself from the garage is likely to add to your stress.
untakenname said:
If you've posted the keys back then surely it's in their hands?
I'd ask them for a crime reference number anyway as they might have realised that the damage to a £2k car is terminal and not worth fixing.
I posted the keys back because they needed them for whatever they were doing with the car. I have the impression that the garage that's working on it is someone separate to them though, one of the questions I'm waiting for a response on.I'd ask them for a crime reference number anyway as they might have realised that the damage to a £2k car is terminal and not worth fixing.
I'm told it is just a blocked DPF. But you may well be right given general price craziness these days...
MrBen.911 said:
I would submit a claim on your policy. Give your insurers the details of the garage and they can look to recover the loss from the garage's motor trade insurers, but in the short term, you just need your claim paid so you can move on, and trying to recover it yourself from the garage is likely to add to your stress.
This was also what I thought of, but the complication is that I had an accident at the start of the year that wrote off the previous car... I know the insurers would pay out, they actually paid out more than expected for the first accident, but I do have to weigh up the impact of two write-off claims in 6 months. I suppose I just have to come to terms with that the car is now gone...
Bill said:
Less than 30 days, I'd just reject it and ask for your money back.
Been 18 days so far, so... How strict is that? Like, do I have to reject as soon as the reason for rejection is... Whatever word it is I'm looking for and can't find. Actionable? Is it something I'd have to do tomorrow as they've closed for today, or can it be left until day 29? How does the car being stolen affect the right to reject?Monkeylegend said:
As Bill said above, failing that google "Bailment" OP, you might be able to recover your money this way.
Ok, I've looked it up. Forgive me if I seem a bit dense here as I try to get a fairly stressed head around it; I'm the bailor for the car dealer seems straightforward, but if I am right that it's a different company who own the garage where the car was nicked from - and I have asked to check on this - how does that affect things? Would that mean I have to wait for the car dealer to get things sorted with the garage?I'll have to get that clarified tomorrow...
Thank you all.
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.
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.
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.
This is quite a concerning prospect, and would be quite in keeping with the year to date...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 what I can say under naming and shaming rules.
Would you be so kind as to make a list of the other questions alluded to with the "etc."? Head isn't doing so well right now, I'd almost certainly miss something important to ask about.
Bank transfer.
Yes. Insurance has already gone up massively this year thanks to how it started, I really want to avoid another hike...
But then, if you are right, insurance claim is the only option - the odds of getting a refund out of someone who'd fake a car theft are rather dismal.
Monkeylegend said:
I can't answer your questions re bailment, I just decided to google to see what the law said, but maybe worth delving into a bit deeper.
The best solution is Bill's suggestion though.
It's definitely looking like that he's right.The best solution is Bill's suggestion though.
Thank you chaps.
Firstly push the garage for a crime ref no and validate it. If that doesn't happen very quickly report it stolen yourself with suspicions that all is not what it seems.
Secondly get the right wording and reject. Of probably try and get a short but of legal advice here on the way to make that stick.
Thirdly be prepared to claim from your own insurance if you get on hot from the dealer.
What have the dealer had to say about what they plan to do?
Secondly get the right wording and reject. Of probably try and get a short but of legal advice here on the way to make that stick.
Thirdly be prepared to claim from your own insurance if you get on hot from the dealer.
What have the dealer had to say about what they plan to do?
Did you send the keys recorded and addressed to someone in particular
Who got the keys
Did they confirm this?
Did you send them tracked and insured
The fault is completely secondary to the loss.
You could hypothesise all day long on a conspiracy. Fiat cars can and do get nicked, could have been with keys or without- how do you prove it?
Ultimately I think you'll be claiming and moving on sadly.
Who got the keys
Did they confirm this?
Did you send them tracked and insured
The fault is completely secondary to the loss.
You could hypothesise all day long on a conspiracy. Fiat cars can and do get nicked, could have been with keys or without- how do you prove it?
Ultimately I think you'll be claiming and moving on sadly.
I’d be speaking to the 2nd dealer and asking them to source me an equivalent car and loaning me any random thing in the meantime.
It’s their fault , not yours. Their business insurance should pay, not yours. I’d not be making a personal claim here, this shouldn’t effect your claims record as you don’t lose the car, someone else did. It was in their hands.
It’s their fault , not yours. Their business insurance should pay, not yours. I’d not be making a personal claim here, this shouldn’t effect your claims record as you don’t lose the car, someone else did. It was in their hands.
My thoughts are is that they’ve realised it’s £500+ for a new DPF plus other bits and thought it’s not worth fixing so have gone down the “sorry, it’s been nicked” route.
Seen it plenty of times working in the motor trade.
Personally, I’d formally reject the car as it was in their possession at the time and ask for a full refund.
Seen it plenty of times working in the motor trade.
Personally, I’d formally reject the car as it was in their possession at the time and ask for a full refund.
I wouldn't be accepting the tale that it has been 'stolen', I'd just be ignoring that and be rejecting the sale.
However, which path is going to get your £2k returned? Going to your kosher insurer and explaining that you believe you're a victim of fraud and theft or going to some dealer and having them act in accordance with the law?
I think you may need to make a judgement call on the dealer but I get the feeling that if they're sell £2k scrap and have created a 'theft' in order to bail on repair costs or refund then you might have a fight that goes nowhere.
Another option is to call the dealer and ask for both the crime number and their insurance details as you'll be claiming off their insurance. If they don't have either then they may be more keen to accept your rejection.
As an aside, have you search the web yet to see if this has happened to other people before?
However, which path is going to get your £2k returned? Going to your kosher insurer and explaining that you believe you're a victim of fraud and theft or going to some dealer and having them act in accordance with the law?
I think you may need to make a judgement call on the dealer but I get the feeling that if they're sell £2k scrap and have created a 'theft' in order to bail on repair costs or refund then you might have a fight that goes nowhere.
Another option is to call the dealer and ask for both the crime number and their insurance details as you'll be claiming off their insurance. If they don't have either then they may be more keen to accept your rejection.
As an aside, have you search the web yet to see if this has happened to other people before?
Whether you claim from your insurance or theirs this is still a claim that you will have to declare in addition to your accident come renewal time.
As others have said, start by asking for a crime reference number as you will need this for any claim.
Personally I would claim from my own insurance as the garage don’t sound trustworthy. the repairing garages insurance may not be liable for the claim if they took reasonable precautions to secure the car whilst it was in their care regardless of the fact it was on their premises. If however it had been left unlocked by them with the engine running and the keys in the ignition that’s a different matter.
I don’t feel consumer rights will be on your side if trying to reject a car that has been stolen.
As others have said, start by asking for a crime reference number as you will need this for any claim.
Personally I would claim from my own insurance as the garage don’t sound trustworthy. the repairing garages insurance may not be liable for the claim if they took reasonable precautions to secure the car whilst it was in their care regardless of the fact it was on their premises. If however it had been left unlocked by them with the engine running and the keys in the ignition that’s a different matter.
I don’t feel consumer rights will be on your side if trying to reject a car that has been stolen.
smokey mow said:
Whether you claim from your insurance or theirs this is still a claim that you will have to declare in addition to your accident come renewal time.
As others have said, start by asking for a crime reference number as you will need this for any claim.
Personally I would claim from my own insurance as the garage don’t sound trustworthy. the repairing garages insurance may not be liable for the claim if they took reasonable precautions to secure the car whilst it was in their care regardless of the fact it was on their premises. If however it had been left unlocked by them with the engine running and the keys in the ignition that’s a different matter.
I don’t feel consumer rights will be on your side if trying to reject a car that has been stolen.
I wasn't meaning you'd actually make your own claim against their insurance but that you want their insurance details. An act to help focus their mind as right now I suspect this is all a ruse to keep the money. If they have a crime number and hand over their insurance details then that would assist in changing one's perspective that something more kosher was going on. As others have said, start by asking for a crime reference number as you will need this for any claim.
Personally I would claim from my own insurance as the garage don’t sound trustworthy. the repairing garages insurance may not be liable for the claim if they took reasonable precautions to secure the car whilst it was in their care regardless of the fact it was on their premises. If however it had been left unlocked by them with the engine running and the keys in the ignition that’s a different matter.
I don’t feel consumer rights will be on your side if trying to reject a car that has been stolen.
Feirny said:
My thoughts are is that they’ve realised it’s £500+ for a new DPF plus other bits and thought it’s not worth fixing so have gone down the “sorry, it’s been nicked” route.
Seen it plenty of times working in the motor trade.
.
I've been in the trade for 10+ years and have never heard of this happening.Seen it plenty of times working in the motor trade.
.
Would OP be able to reject the car without the car being present? As a dealer, I wouldn't be giving anyone their money back without having the car sat in my yard. Would a judge look favourably upon somebody rejecting a car after learning it had been stolen?
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