Vehicle stolen while being repaired by garage

SFrancis_89

I recently purchased a used van for my business which broke down shortly after purchase (40 miles). I returned the van via my breakdown cover to the trader as it was covered by warranty. I requested a refund as I wasn't happy with the distance it covered before it broke down. I was told that they had the right to repair the van rather than refund. The repairs were carried out while I was on holiday, I was informed by the police while I was away that the van had been stolen from a garage the trader had sent it to. I contacted the dealer and requested my refund to which I was told it had to be claimed on the repair garages insurance despite the trader sending it to garage and being in possession of the vehicle. I have contacted the CAB and they have stated that the trader is liable as I returned the vehicle and they have failed to return it therefore they have breached the contract and should issue a refund. The trader is now avoiding my emails stating that I am entitled to a refund. What steps should I take next?

debtdebt

Ask the CAB. You!!!8217;ve already sought advice from them once already.

Quentin

Legal action looks to be your next move.

Read up on making a claim in Court if you are unfamiliar

rach_k

Have you tried contacting the repair garage or their insurer? It is the responsibility of the trader to sort it out, but if they're not playing it might just be easier to do it yourself. You can wait around arguing about your rights but is it worth it, if it means waiting longer? You can at least find out how quickly the garage/insurer can sort it out and then decide.

Car_54

Report it to your own insurers and let them sort it out.

missile

I would suggest OP is trying to avoid claiming via his insurer as this would likely affect his premium.

Car_54

missile wrote: »

I would suggest OP is trying to avoid claiming via his insurer as this would likely affect his premium.

And I would suggest he is mistaken.

He is taking on a lot of hassle, with no guarantee of success, to avoid an unquantifiable - and possibly small - future cost.

And, if the costs are recoverable, then there will be no effect on his NCD.

EdGasketTheSecond

Keep it simple. The car was left with the trader; it is the trader's responsibility. Issue a letter to them saying you will commence legal proceedings in 7 days if they don't recompense you. Once you start dealing with anyone else it just complicates things.

unholyangel

EdGasketTheSecond wrote: »

Keep it simple. The car was left with the trader; it is the trader's responsibility. Issue a letter to them saying you will commence legal proceedings in 7 days if they don't recompense you. Once you start dealing with anyone else it just complicates things.

While it was left in their possession, they'd only be liable for the theft if they failed to take reasonable care. They won't be held liable just on the fact it was stolen.

Also, civil procedure rules on pre-action protocol specify at least 14 days should be given on a letter before action/claim, with up to 3 months given for more complex matters.

EdGasketTheSecond

unholyangel wrote: »

While it was left in their possession, they'd only be liable for the theft if they failed to take reasonable care. They won't be held liable just on the fact it was stolen.

Also, civil procedure rules on pre-action protocol specify at least 14 days should be given on a letter before action/claim, with up to 3 months given for more complex matters.

I'd disagree with your first point. The OP's only contact was with the trader/dealer so they are responsible to him; they in turn might claim from the garage they sent it to.


Thanks for the second point; 14 days then.