Drive Assist Repairers send me an invoice

phredd

Hi folks.
I recently had my car repaired by a local bodyshop after a non fault claim, via my RAC insurance (my car was hit whilst parked) . The car was returned to me early in November. I have now received an invoice from them along with a letter claiming that as Drive assist have not paid them, I am now liable for the cost of the repairs. Any thoughts on the legal position here?
Thanks....Phredd.

spacey2012

Do you have a copy of the contract you signed ?

phredd

Hi.
I do not recall signing anything with anyone.

spacey2012

Then if that is the case and search your memory for signing anything.
Ask them to produce a copy of the contract they have with you ordering the work.
when they can not and start huffing and puffing, instruct them to send the invoice to the people they do have a contract with.

Hackman_2

phredd wrote: »

Hi.
I do not recall signing anything with anyone.

You left you vehicle with them and no paperwork at all was exchanged?

Silk

Send the letter to your insurance company ....they need to sort it out

phredd

Ok. Thanks.

BertTheRaccoon

Do you have someone else dealing with other aspects of your claim, such as a solicitor?

If so, pass the invoice onto them to recover from the other party's insurer. Failing that, pass it to the other insurer yourself.

I would say that the repairer has no direct claim against you as they acted on instructions from DA and not you personally and the repair would have been part of a contract between them and DA (who are now in administration).

The repairer could however claim they have an equitable interest in your vehicle as the car has parts and labour put into it that are owned by the repairer until they get paid.

There will be a company who are acting as the administrators for DA and they will be attempting to pull back in as much owed money as possible. However, I'd doubt the poor repairer will see any money that the administrators collect in, hence why they are attempting to go after the owner directly.

If this was all arranged via RAC, I would speak to them as there will most likely be a procedure that they have adopted for this situation.

spacey2012

Let the company involved send it to the insurance.
If you have no contract with this company, that is their problem, ask them to prove you have a contract with them and when they can not, do not let them create one.
They can threaten to sue you, but they wont get very far.
Just stick firmly to your rights, they have a contract with someone, it is not you, the people they have a contract with are the ones they need to deal with directly.
Do not get involved, remind them of this once firmly but politely.
The fact it was your vehicle they worked on is immaterial.

dacouch

BertTheRaccoon wrote: »

Do you have someone else dealing with other aspects of your claim, such as a solicitor?

If so, pass the invoice onto them to recover from the other party's insurer. Failing that, pass it to the other insurer yourself.

I would say that the repairer has no direct claim against you as they acted on instructions from DA and not you personally and the repair would have been part of a contract between them and DA (who are now in administration).

The repairer could however claim they have an equitable interest in your vehicle as the car has parts and labour put into it that are owned by the repairer until they get paid.

There will be a company who are acting as the administrators for DA and they will be attempting to pull back in as much owed money as possible. However, I'd doubt the poor repairer will see any money that the administrators collect in, hence why they are attempting to go after the owner directly.

If this was all arranged via RAC, I would speak to them as there will most likely be a procedure that they have adopted for this situation.

Do this or ring the other driver's Insurers, if they accept they are liable there's a good chance they will arrange payment of the invoice from the garage.

Splott

phredd wrote: »

Hi folks.
I recently had my car repaired by a local bodyshop after a non fault claim, via my RAC insurance (my car was hit whilst parked) . The car was returned to me early in November. I have now received an invoice from them along with a letter claiming that as Drive assist have not paid them, I am now liable for the cost of the repairs. Any thoughts on the legal position here?
Thanks....Phredd.

You're liable for the costs. You always have been. Its just that in a normal claim, the insurance company pays the invoice but ultimately you are liable for it.

If you know who the third party was, you pay the bill then sue them for the amount.