Mechanic Uses My Car for His Own Use - Crime of TWOC!

Lilroost

If a mechanic at the approved dealership used my vehicle for his personal use whilst it was in for repair (800 miles of use!), I've reported a crime of TWOC -take without owners consent - does that get me out of my Fixed Cost Maintenance Plan? Breach of Contract?

In short I took out a Fixed Cost Maintenance Plan with VWFS in 2014 at the same time as taking out a 3 year Hire Purchase Agreement on a Skoda.

The Skoda had consistent faults with the stop-start system and I had the vehicle at the dealership Benfield Lookers several times where they said that diagnostic checks found no fault. The last occasion they kept it 6 weeks and used it as a personal run around car for staff totalling 800 miles, a dog chewed my bootliner, a mechanics girlfriends phone was linked to the Bluetooth, scratches, charger missing etc.

The fault was encountered by the mechanic but gave me the car back and it was still faulty so in April 2016 the financial ombudsman investigated. They found in my favour and instructed VWFS to take back the vehicle, refund me monies, cancel the Hire Agreement and remove the 800 miles off any excess mileage fees. I was paid the money by VWFS and a letter stating I had no further financial obligations with the vehicle.

Oct 2016 VWFS sent a letter saying I owed them £219 for excess mileage! I called them, explained re: financial ombudsman; they said theyd look into it and get back to me.

Didn't hear anything from VWFS until Dec 2017 saying again that I owed them £219 for excess mileage on the Fixed Cost Service Plan

They're saying the hire agreement which the ombudsman investigated is different to the service plan but as gesture of goodwill will take off 800 miles put on by Benfield Lookers.

I didn't even know id get charged excess on the service plan else i wouldn't have paid £10 a month for the courtesy of being charged twice for excess mileage.

Anyway, Its with the financial ombudsman again but my question is this:

I've reported a crime with the Police 're the mechanic at the dealership taking my car without consent (TWOC) which police have given me a crime number. Since VWFS use Benfield Lookers as a broker, does the fact they committed a crime with my vehicle invalidate the service agreement contract?

[Deleted User]

No. It's an entirely separate issue.

loskie

Its not a crime the mechanic would be using the car to replicate the fault and diagnose the issue. You are on a hiding to nothing if indeed you are serious.

fwor

Lilroost wrote: »

a mechanics girlfriends phone was linked to the Bluetooth

I'm intrigued to find out how you know that a phone that's paired with the Bluetooth in your car is owned by a mechanic's girlfriend. What steps did you go through to determine this?

Lilroost

The dealership put 800 miles on the clock to diagnose the fault which took them 2 weeks, that's 56 miles per day.
I know they used it for their own use as a dog had chewed by bootliner - thet admirted it was their parts manager who had dogs. They also admitted the mechanics girlfriend was 'lyndsay' who's name appeared on the Bluetooth connections.
I know I'm probably clutching at straws but tgis has been going on for 4 years and the way they've treated me is unbelievable.
Can anyone advise under what circumstances I can invalidate the contract based on their actions?

Lilroost

800 miles in 2 weeks is not a reasonable amount! The police have confirmed a crime of TWOC

Lilroost

I asked them outright and they admitted it!

[Deleted User]

Lilroost wrote: »

Can anyone advise under what circumstances I can invalidate the contract based on their actions?

None. .

Herzlos

Was it a particularly intermittent fault, that only turned up sometimes through regular use? If so, it might have been reasonable for the mechanic to use it regularly to identify the problem. It would have been unfair for them not to clear that with you first (what if you were allergic to dogs?).

The repair is unrelated to any contracts you've got - this issue won't invalidate any contracts. They may offer you something like free servicing or a small refund on the servicing plan, a new boot liner, plus something for the inconvenience and the additional mileage.

Lilroost

Deleted_User wrote: »

None. .

how so?
I was told the same about the hire purchase agreement on the vehicle but 2 years of fighting and it was cancelled.

DCFC79

Lilroost wrote: »

The dealership put 800 miles on the clock to diagnose the fault which took them 2 weeks, that's 56 miles per day.
I know they used it for their own use as a dog had chewed by bootliner - thet admirted it was their parts manager who had dogs. They also admitted the mechanics girlfriend was 'lyndsay' who's name appeared on the Bluetooth connections.

That about the bluetooth doesnt mean she was in the car, it could have picked up the signal from when she was outside of the car and she played some music for her bf.

Just be focused on the more important stuff and not about the bluetooth and maybe the boot liner (unless they have admitted to it).
Its been going on for 4 years.