car stolen from repair garage

vaio

won't budge? you're not looking for a favour, you're looking for compensation because they lost your car.

it's been four months now and no effective progress, you need to start pushing things and the only way to do that is via the courts

pitkin2020

got to say I agree with Vaio "won't budge" sorry but tough they are taking you for a ride and your letting them, personally I would have wanted this resolved within half this time already if not sooner and I would have had them in court by now. The longer you leave it the more time they have to get out of it as no one will really remember what happened.............best of luck

Tilt

I agree. It was me, the legal wheels would of been turning 2 months ago by now. The fact that they are 'only a small garage' should be irrelevant as far as you are concerned. As Vaio said, had you of informed the garage (in writing) that you would expect to be re-inbursed for car hire charges in addition to the loss of your car plus interest, you would of been quids in. However, you may still be able to claim consiquential losses plus interest but you may have to take legal action to get the compenstation that you now deserve. The insurers may only payout the market value of the car and after 4 months, that wouldn't be sufficient to me.

MarkyMarkD

atrixblue.-MFR-. wrote: »

the OP has done everything they shouild have with regard to taking out the policy.

some insurers require the RK to be the POLICY HOLDER, in this case it is and done correctly, then as the dad is not the main driver and son is they have told the insurers this, wich is perfectly legal and the MAIN DRIVER earns a NCB, dad has now fallen back into NAMED DRIVER STATUS as he isnt the MAIN driver of the vehicle.

No, the policy holder earns the NCD. Except that a very few insurers allow named drivers to additionally earn NCD, but only against new policies also taken out with them.

atrixblue.-MFR-.

wow this is still ongoing!

the advice here youve been delt by vaio is spot on, the FOS will not look into this as you claiming against a thrid party, also i'm not sure here who youll be taking to court i'm pretty sure youd have to take the garage to court because thats where liability lies someone may be able to elaborate here on that.

have you asked the insurers for their complaints procedure, when they read the e-mail of threat of ombudman their just going to throw it in the recycling bin and have a chuckle.

the courts are going to want to see you have exhausted all avenues and given proper time previsions.

1.written complaint (via rec del)14 days to reply/contact you with number provided (all calls must be backed up in writing and you have written a diary of the conversation dates time who you spoke to etc).
2. if no reply a second written letter asking why the havent written back to you with a resolve to you complaint (via rec del) 14 days to reply/contact you and same as above.
3.another written letter (via rec del) outlining their failures to reply or contact you and now your intention is to take the matter or their client to court (wichever as i said above that need clarifaction).
4.issue the court application (online or at the courts) and submit your evidence in the bundle.
5. here your going to need to outline reasonable out of pocket expenses, travel,loss of items within the vehicle, loss of work pay due to dealing with A the garage B the loss of the car D.any solicitors fee's you incured getting legal advice.

good luck.

richard734

Just to add to the comments you have already had, If you would like to share teh name of the insurance company involved, I am pretty sure someone will come up with the CEO's direct contact details pretty quickly - it may well be worth going straight to him with your requests....

fivetide

atrixblue.-MFR-. wrote: »

have you asked the insurers for their complaints procedure, when they read the e-mail of threat of ombudman their just going to throw it in the recycling bin and have a chuckle.

My experience is different.

Wrote them a letter saying copied to ombudsman after waiting ages for a payout.

Next day, as if by magic, phone call, cheque sent out.

Next one - insurer sold car before paying me for it and agreeign a price. Called ombudsman for reference and informed insurer of it. Shocking, next day again, cheque in the post for amount asked for.

Agree you do need to complain properly but I'm thinking after 6 weeks the OP will have been doing that. Plus the complaint is about the way the claim is being handled by all parties. Well worth a phone call to the ombudsman for free as they'll make a note of it and offer advice.


5t.

sarahg1969

fivetide wrote: »

My experience is different.

Wrote them a letter saying copied to ombudsman after waiting ages for a payout.

Next day, as if by magic, phone call, cheque sent out.

Next one - insurer sold car before paying me for it and agreeign a price. Called ombudsman for reference and informed insurer of it. Shocking, next day again, cheque in the post for amount asked for.

Agree you do need to complain properly but I'm thinking after 6 weeks the OP will have been doing that. Plus the complaint is about the way the claim is being handled by all parties. Well worth a phone call to the ombudsman for free as they'll make a note of it and offer advice.


5t.

Fivetide - was this an argument with your own insurers?

The Ombudsman will simply not deal with a complaint against an insurer, unless they are your own insurers. The correct process is through the courts if all else fails.

atrixblue.-MFR-.

fivetide wrote: »

My experience is different.

Wrote them a letter saying copied to ombudsman after waiting ages for a payout.

Next day, as if by magic, phone call, cheque sent out.

Next one - insurer sold car before paying me for it and agreeign a price. Called ombudsman for reference and informed insurer of it. Shocking, next day again, cheque in the post for amount asked for.

Agree you do need to complain properly but I'm thinking after 6 weeks the OP will have been doing that. Plus the complaint is about the way the claim is being handled by all parties. Well worth a phone call to the ombudsman for free as they'll make a note of it and offer advice.


5t.

sounds as if you were dealing with you own insurers, this is different as the OP is claiming from a thirdparty insurer the FOS wont deal with her case and advise to go through the proper complaints channels then on to court that has already been advised, but glad you got use of the ombudsman though top stuff.

fivetide

sarahg1969 wrote: »

Fivetide - was this an argument with your own insurers?

The Ombudsman will simply not deal with a complaint against an insurer, unless they are your own insurers. The correct process is through the courts if all else fails.

All agreed. However, the OP is going through her own insurers as I understand it, hence the advice.

It's all got a bit confusing but this post:

Son's had interview on the phone, they said they couldn't send in the post. He said it went ok, he thinks and now they want to talk to husband. Son asked why all this when we want to claim through garage insurance and the guy said it was protocol.

And subsequent ones suggest it is her insurer holding things up so the ombudsman should be interested no?

5t.