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  #21  
Old 12.08.2014, 15:04
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Re: UK Law advise - delivery company damaged car

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It's just not worth it to be honest.
OH is working abroad at the moment and we've bigger things to worry about!
And that's why insurance firms try it on. Too many people, when faced with an uphill battle with an insurance co, come to the conclusion that it's just not worth the time vs the potential payout.

It must save them millions a year.
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  #22  
Old 12.08.2014, 15:07
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Re: UK Law advise - delivery company damaged car

Your claim is against the company, not their insurance. The insurance takes over their liability after any excess which presumably is quite high.
Of course the T&C may require you to have insurance to cover damage, unless you specifically paid additional insurance your probably self insured.
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  #23  
Old 12.08.2014, 15:13
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Re: UK Law advise - delivery company damaged car

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Your claim is against the company, not their insurance. The insurance takes over their liability after any excess which presumably is quite high.
Of course the T&C may require you to have insurance to cover damage, unless you specifically paid additional insurance your probably self insured.

they claimed to have load coverage upto 400k, which is why we used them

You can see there feedback on shiply (over 1300 +ve) and they have moved an manor of exotic cars, again, why we chose there quote (which wasn't the cheapest)

that's really the kicker, if it had been a Ferrari they would have taken more care and not taken the piss delivering it a week late. I suspect the damage was caused a while ago and since then they where looking at ways to fix it on the cheap, and failing.
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  #24  
Old 12.08.2014, 15:30
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Re: UK Law advise - delivery company damaged car

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nope as yet they haven't told me

I don't think they drove it, they just had the attitude, feck it, its only an old rover
Doesn't alter the fact that it's your 'old rover' and they broke it!

Hope you get this sorted, and the leaks fixed.... ours is getting to the point where the local garagiste has given up even trying to fix 'em.
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  #25  
Old 12.08.2014, 15:40
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Re: UK Law advise - delivery company damaged car

Email... give me your insurers details or I take you to court
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  #26  
Old 14.08.2014, 10:53
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Re: UK Law advise - delivery company damaged car

Another day another flood of emails from the guy

he 'offered' loads of 'solutions' to the problem, all involved me paying him before he'll do anything, he refuses all my suggestions

The latest is I pay him and he takes the car away and fixes it - Errrrmmm what planet are you on????

Flatly refuses to give me his insurance co. details, again, unless I pay him

Looking at various Gov sites and law forums it seems he doesn't have many (any?) legal options open to him, small claims etc can only be bought against a uk resident, so bad luck there buddy, he could take me to court in the uk and have the judgement (if in his favour) transferred to switzerland - if it qualifies, where it will then go through the swiss court, of course racking up fee's for him all the way along.

All the while the car is at the garage not being worked on, he keeps saying all offers are void if its touched, which is kinda funny as he has already admitted liability in every email.

So here's my plan

I will pay him a small amount, and keep the rest back for the repairs, order the parts, send him the invoices and the rest of anything left

a real hassle I could do without
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  #27  
Old 14.08.2014, 11:42
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Re: UK Law advise - delivery company damaged car

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Another day another flood of emails from the guy

he 'offered' loads of 'solutions' to the problem, all involved me paying him before he'll do anything, he refuses all my suggestions

The latest is I pay him and he takes the car away and fixes it - Errrrmmm what planet are you on????

Flatly refuses to give me his insurance co. details, again, unless I pay him

Looking at various Gov sites and law forums it seems he doesn't have many (any?) legal options open to him, small claims etc can only be bought against a uk resident, so bad luck there buddy, he could take me to court in the uk and have the judgement (if in his favour) transferred to switzerland - if it qualifies, where it will then go through the swiss court, of course racking up fee's for him all the way along.

All the while the car is at the garage not being worked on, he keeps saying all offers are void if its touched, which is kinda funny as he has already admitted liability in every email.

So here's my plan

I will pay him a small amount, and keep the rest back for the repairs, order the parts, send him the invoices and the rest of anything left

a real hassle I could do without
It's beginning to sound as though the company's already made one too many insurance claims of this type and daren't risk another in case they lose their cover.

Thought; do you know someone (email address and phone number not in Switzerland so that the company doesn't twig) who could contact them pretending to enquire about shipping an expensive car; UK to Germany for example, with them requesting details such as who they're insured by?
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  #28  
Old 14.08.2014, 11:46
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Re: UK Law advise - delivery company damaged car

I'm pretty sure (now) that he has no cover, also pretty sure the car was damaged some time ago and he held onto it for 10 days trying to source a bumper, which is why he's fixated himself on the initial very rough estimate the garage gave of £200 and asked me to pay literally hours before he delivered it - seriously it takes over an hour to replace a bumper, let alone buying one and painting it.
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  #29  
Old 14.08.2014, 11:50
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Re: UK Law advise - delivery company damaged car

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It's beginning to sound as though the company's already made one too many insurance claims of this type and daren't risk another in case they lose their cover.

Thought; do you know someone (email address and phone number not in Switzerland so that the company doesn't twig) who could contact them pretending to enquire about shipping an expensive car; UK to Germany for example, with them requesting details such as who they're insured by?


Knowing who the insurer is (2nd party) won't help unless the insured (1st party) invites them to take over any 3rd party claims.
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  #30  
Old 14.08.2014, 12:25
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Re: UK Law advise - delivery company damaged car

Send him the invoice.. good luck with that. he isnt going to pay , if u start small claims use the paper version, allows more space for claimants case details.
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  #31  
Old 14.08.2014, 12:36
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Re: UK Law advise - delivery company damaged car

The delivery charge that I haven't paid him more then covers the cost of repairs, which is why I'm holding onto it
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  #32  
Old 14.08.2014, 12:45
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Re: UK Law advise - delivery company damaged car

It might be worth a quick call to trading standards in the area that he is trading especially if he says that he has insurance to cover any problems.
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  #33  
Old 14.08.2014, 12:52
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Re: UK Law advise - delivery company damaged car

I don't really want to start messing with his business, if he continues to be a total arse that may change

Just need to know really if a UK judgement can be enforced here

Small claims court is out as the defendant needs to be UK resident

And I assume any other avenue would be silly expensive for him
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  #34  
Old 14.08.2014, 13:06
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Re: UK Law advise - delivery company damaged car

Hi mate, that is a mess, did you record the kms when they picked it up? If they advertise door to door and there is a few kms on it, it adds to your case and maybe a breach of contract. Good luck.
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  #35  
Old 14.08.2014, 13:26
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Re: UK Law advise - delivery company damaged car

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Knowing who the insurer is (2nd party) won't help unless the insured (1st party) invites them to take over any 3rd party claims.
I realise that, but it would at least give BB2 an idea who to contact (if an insurance company was named) about his problem. Even the thread of contacting them might make the company owner re-think his attitude as I'd think any insurance company would take a dim view of an insuree mucking his clients about like this.

But BB2's probably right and the company's not actually insured....
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  #36  
Old 14.08.2014, 13:27
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Re: UK Law advise - delivery company damaged car

No but I don't think they drove it, the damage is pulled out not pushed in
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