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Claiming back expenses for late collection of a car
Comments
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It's all about quantifiable vs unquantifiable losses as far as I'm concerned. Worst case scenario in this instance, I've lost £90 (and I'm still hopeful I'll get that back). Had I left it on the road, untaxed and uninsured, with registered keeper re-assigned and something had happened, it could have made for all kinds of gnarly wranglings.0
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Op still had a duty of care so no it wouldn't strictly be the insurers problem.
Did you actually tell them you need it collecting sooner?0 -
It more often comes up in terms of property letting but, at the point the CP ended, you became an involuntary bailee of the car - basically it was in your possession without your consent. The basic point is that, regardless of your agreement or not, you are in possession of the goods and that attracts certain legal obligations regarding it.
In that situation you have a legal duty to do what' is "right and reasonable" in terms of dealing with it and that duty is separate from any previous contractual duties to insure etc. You are entitled to recover any costs associated with doing what is right and reasonable but not entitled to profit from the situation.
It would be for a court to decide whether, in all the circumstances, it was "right and reasonable" or you to insure it - bearing in mind that, if it was on a public road, liability to third parties might also arise.
If it was you who placed it on the public road and (say) the handbrake failed, causing it to roll over a basket of kittens then it would be you, not the owner, who would be ultimately liable as it would have been your act in parking it there which led to the liability. So insuring it would likely be considered "right and reasonable".
You may have to fight to get a refund, and it probably isn't worth more than a letter or two for the amount involved, but it's certainly worth putting the situation to them.0 -
Maybe the car was covered by the companies own insurance from the date your PCP finished? You might have insured it for no reason.0
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Except we don't know what the contract says about collection. It likely covers collection or return of the vehicle so even with the pcp term lapsed doesn't mean a contractual agreement isn't still in place0
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But unfortunately you've had no losses. At the end of the day you've effectively agreed to allow them to take the time in collecting the car.It's all about quantifiable vs unquantifiable losses as far as I'm concerned. Worst case scenario in this instance, I've lost £90 (and I'm still hopeful I'll get that back). Had I left it on the road, untaxed and uninsured, with registered keeper re-assigned and something had happened, it could have made for all kinds of gnarly wranglings.0 -
Quick update from me on this. The finance company didn't even acknowledge my claim, and sent me a letter to let me know that my complaint was now closed. I contacted the Financial Ombudsman with all of the correspondence I'd had with the finance company, they agreed with me, and put my complaint back to them. The finance company have now agreed to cover, in full, the costs I incurred as a result of them delaying the collection of the car.
Minimal fuss, all in all, it took me about 15 mins to fill in the form for the Ombudsman, they called me the following day, then a week later called me again to let me know the outcome. Very impressed!0 -
Must say that I am surprised FOS upheld your complaint. Good result for you."A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
Ride hard or stay home :iloveyou:0 -
Interesting case, thank you for the update.0
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Must say that I am surprised FOS upheld your complaint.
Briefly, why?
Strictly it was an unnecessary expense and unauthorised by the finance company, however it is reasonable to me that the OP insure it whilst it was in his care, which would have been to the advantage of the finance company, and he is not taking the mickey with the cost, so it seems a fair decision.
If he SORN'd it, it would have been reasonable to charge storage as it would be blocking his drive.I want to go back to The Olden Days, when every single thing that I can think of was better.....
(except air quality and Medical Science
)0
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