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Old 12.08.2014, 12:29
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UK Law advise - delivery company damaged car

Here's the story

I hired a company to pick up one of my cars to take back to the uk so a specialist can do a complete overhaul and finally fix its various oil leaks.

The company picked up the car on a flat bed (late) and the agreed delivery date was 3 days later, that came and went with no contact, lots of ignored phone calls, texts, email etc later and they finally phoned on sunday saying they will deliver yesterday, oh, and can I please pay them now via a bank transfer - I politely refused, I has a sneaky suspicion all was not well in Kansas.

So scroll forward to yesterday and the car is delivered, the garage is straight on the phone to me as the bumper has been ripped off, it looks like it only the outer skin but its beyond repair, it'll need a new one and repainted and the very least. Delivery company admit its 100% there fault, they will pay etc etc

The cheeky ****** delivery guy asks to be paid!!! I fob him off saying I'll do the transfer now.

Now the delivery guy spoke to the garage about the cost to repair, the guy gave a rough estimate of 200 if he can get the 2nd hand parts and nothing else is wrong etc etc and here's where it all goes titsup

We can't get the 2nd hand parts, and a new bumper alone is 300 (unpainted), the trim is unavailable and needs to be sourced 2nd hand and we have no idea what other damaged there is under the bumper (eg headlights, radiator, steering arms etc)

Delivery company are now refusing to pay, and just threatened me with legal action if I don't pay them in full now (ie today) either minus the 'agreed' 200 repair, or minus 50 excess from there insurance co.

Its going to get very messy indeed if there insurance company get involved as they will not be able to source the parts to fix it, and the car is worth 5x more here then it is there, so they will more them likely write it off (the garage has already said this)

Now I'm not going to pay them a penny until the car is back in the condition it left me.

Realistically what can they do? I have no assets or address in the uk, I'm 100% living here, they are a UK company with no office etc here I'm pretty sure they can't do a thing, and any lawyer with half a brain would tell them not to be dicks??
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Old 12.08.2014, 12:34
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Re: UK Law advise - delivery company damaged car

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Realistically what can they do? I have no assets or address in the uk, I'm 100% living here, they are a UK company with no office etc here I'm pretty sure they can't do a thing, and any lawyer with half a brain would tell them not to be dicks??
Write them a registered letter, or better yet, get a solicitor to srite them on your behalf, stating that you will pay what you owe them only after the cost of repairs has been finally settled. Their claim that you 'agreed' on 200 for the repair is not a legal agreement, so not binding at all - nor your claim that they accepted responsibility; but the latter would be born out by any further lawsuit, as they must know, so they don't have a leg to stand on.
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Old 12.08.2014, 12:34
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Re: UK Law advise - delivery company damaged car

before



After

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Old 12.08.2014, 12:35
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Re: UK Law advise - delivery company damaged car

do you have some written confirmation admitting liability? Who from if it is.

The car is in custody of a garage, right? They must keep it.

Their insurance company cannot write the car off but may come to a settlement where you get money and keep the car.

I believe you need to pay them (sorry) and go through the process to claim against them (insurance or small claims).
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Old 12.08.2014, 12:40
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Re: UK Law advise - delivery company damaged car

I have an email confirming the situation from them, so they can't worm out of it, also got full pics of the car 1 hour before they picked it up.

seriously they are not getting a penny from me, I'm pretty sure once I pay them they will never contact me again, small claims court or no small claims court.

there are no agreements between here and the uk though are there? so even if he does try the legal route its a toothless dog?
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Old 12.08.2014, 12:44
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Re: UK Law advise - delivery company damaged car

T&C of the company should set out what happens in this event..? would be very unusual for it not to mention damages etc??




If nothing is mentioned I would send a registered letter demanding costs for repair and clearly stating that their fees will either be paid after they cover repair costs or can be deducted from the total repair cost.


14 days settlement period if not settled then do a MCOL, its only about 30, if they don't respond its an automatic win for you, if they don't pay then its upto enforcement


post over on pepipoo flame pit also for other legal based views.
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Old 12.08.2014, 12:47
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Re: UK Law advise - delivery company damaged car

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do you have some written confirmation admitting liability? Who from if it is.

The car is in custody of a garage, right? They must keep it.

Their insurance company cannot write the car off but may come to a settlement where you get money and keep the car.

I believe you need to pay them (sorry) and go through the process to claim against them (insurance or small claims).
As per the above.

It was my understanding (perfectly possible to be wrong) but they have completed their side of the contract - delivery - and should now be paid. T&C for the "what happens if we are numpties"
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Old 12.08.2014, 13:19
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Re: UK Law advise - delivery company damaged car

but if I don't pay until my car is fixed, is there anything realistically he can do to me
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Old 12.08.2014, 13:21
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Re: UK Law advise - delivery company damaged car

They would have to start legal proceedings here.

But if you have any presence in uk they know about they could also use MCOL.


What does your contract say about damages?
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Old 12.08.2014, 13:22
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Re: UK Law advise - delivery company damaged car

I don't have a contract it was all done via shiply
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Old 12.08.2014, 13:25
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Re: UK Law advise - delivery company damaged car

Nothing at all? Not even when they collected the car? Then your only option for them to pay for repairs would be MCOL. Good luck!
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Old 12.08.2014, 13:25
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Re: UK Law advise - delivery company damaged car

why do you think I'm not paying them lol
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Old 12.08.2014, 13:26
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Re: UK Law advise - delivery company damaged car

There is nothing to stop them starting proceedings here, they hold a lean on the car as it is.
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Old 12.08.2014, 13:41
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Re: UK Law advise - delivery company damaged car

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before



After

No!!!! You poor thing, and poor car.

We had similar damage done to our Rover (the previous model to yours, slightly squarer bodywork), a stupid french bimbo ran into the front passenger wing after shooting out of a side road in Calais. She admitted responsibility and filled in all the insurance forms, etc. and looking back I'm pleased to says she wrote-off her brand-new Peugeot!

Parts are, as you know, impossible to source new and it took nearly eight months for us to find a second-hand wing, bumper and light-fittings on Ebay, then we had to get them shipped, the rust-holes repaired, fitted and sprayed.
Bill; ~3,000 chf. Bimbo won't reply to letters, her insurance says it's taken 'too long to repair' and so they won't get involved in the claim.
OH has given up even trying.

Hope you have better luck with finding parts (I could ask OH who he bought them from, I think this bloke strips cars for a living), but he won't ship abroad so we had to arrange that seperately.

PS; did they give an explanation as to how that damage was caused when the car's on a flat-bed? That looks like traffic damage to me!

Last edited by Anjela; 12.08.2014 at 13:44. Reason: Added PS.
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Old 12.08.2014, 13:46
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Re: UK Law advise - delivery company damaged car

I actually have a spare bumper here that could go on it, I don't think the garage will want my car hanging around till I could get it there.

At the moment we seem to be going round in circles, I am 100% not paying anything till the car is sorted, it seems the delivery co. isn't going to do anything until they have been paid.

Why they haven't just passed it onto there insurance co. I don't know, thats assuming they are properly insured!!

All fun and games
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Old 12.08.2014, 13:47
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Re: UK Law advise - delivery company damaged car

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No!!!! You poor thing, and poor car.

We had similar damage done to our Rover (the previous model to yours, slightly squarer bodywork), a stupid french bimbo ran into the front passenger wing after shooting out of a side road in Calais. She admitted responsibility and filled in all the insurance forms, etc. and looking back I'm pleased to says she wrote-off her brand-new Peugeot!

Parts are, as you know, impossible to source new and it took nearly eight months for us to find a second-hand wing, bumper and light-fittings on Ebay, then we had to get them shipped, the rust-holes repaired, fitted and sprayed.
Bill; ~3,000 chf. Bimbo won't reply to letters, her insurance says it's taken 'too long to repair' and so they won't get involved in the claim.
OH has given up even trying.

Hope you have better luck with finding parts (I could ask OH who he bought them from, I think this bloke strips cars for a living), but he won't ship abroad so we had to arrange that seperately.

PS; did they give an explanation as to how that damage was caused when the car's on a flat-bed? That looks like traffic damage to me!

French insurance are slow to pay, if you start legal proceedings you have a good chance. The debt / liability is not extinguished over 8 months which the insurance co well know.
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Old 12.08.2014, 13:48
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Re: UK Law advise - delivery company damaged car

They said they forgot to lower the lights, so when it was being moved off they caught under the bumper. Except the car was on it front first, so if thats the case the lights managed to pass under the whole car without damaging it?? and somehow managed to miss the steering arms etc that hang down very close to the bumper at the same level, and the bottom of the radiators, magic I tell you.

Why they moved it off the flatbed before it was delivered is anyones guess.
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Old 12.08.2014, 13:55
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Re: UK Law advise - delivery company damaged car

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French insurance are slow to pay, if you start legal proceedings you have a good chance. The debt / liability is not extinguished over 8 months which the insurance co well know.
It's just not worth it to be honest.
OH is working abroad at the moment and we've bigger things to worry about!
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Old 12.08.2014, 13:58
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Re: UK Law advise - delivery company damaged car

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They said they forgot to lower the lights, so when it was being moved off they caught under the bumper. Except the car was on it front first, so if thats the case the lights managed to pass under the whole car without damaging it?? and somehow managed to miss the steering arms etc that hang down very close to the bumper at the same level, and the bottom of the radiators, magic I tell you.

Why they moved it off the flatbed before it was delivered is anyones guess.
I'm tempted to think someone tried taking it for a spin!

Do you know the name of the delivery company's insurance firm, could you try contacting them directly?
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Old 12.08.2014, 13:59
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Re: UK Law advise - delivery company damaged car

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I'm tempted to think someone tried taking it for a spin!

Do you know the name of the delivery company's insurance firm, could you try contacting them directly?

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
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