Garage have written my car off when in for MOT

Dash_r · 13 June 2017 at 4:51PM

Good afternoon,

I originally posted a threat within the Car forum when this first happened with a very long story about my car woes, so I'm attempting to keep this as factual as possible as I would like some advice, it at all possible.

On 29th May, I took my car into my car dealership as it failed its MOT. Some of the work could be done under warranty, the rest was wear and tear so I would be footing the bill. I left my car in the garage over night as they said the amount of work require will take more than 24 hours.

I go a call in the morning advising me my car had been damaged by a customer reversing into it. The dealership assured me they would get it all sorted however and provide a courtesy car so I left it in their hands. Over the next day everything went silent so I asked for further information on the accident.. it actually transpired that my car was out on a road test and the driver pulled out into the path of an oncoming vehicle. After weeks of discussions with the garage, their owner group and group risk leader they have advised that the car is a write off.

I am currently 1 year into a 3.5 year finance agreement. Thankfully I have GAP insurance as the PAV that will be issued (still to be determined) will not be enough to cover the outstanding finance. I know that my GAP will cover any downfall.

My concern is now the PAV will be given over to the finance company, I will be left without a car and I will be down all of last years payments for the car, including a deposit. This totals over £1400.

Do I just have to suck it up and move on? Do I have any legal standings at all? This garage in question is a nationwide garage and very well known by the way and not a backstreet dealer (although they act as shady as one..).

Thanks for any advise given.

wealdroam · 13 June 2017 at 5:34PM

Dash_r wrote: »

Good afternoon,

I originally posted a threat within the Car forum when this first happened with a very long story about my car woes, so I'm attempting to keep this as factual as possible as I would like some advice, it at all possible.

On 29th May, I took my car into my car dealership as it failed its MOT. Some of the work could be done under warranty, the rest was wear and tear so I would be footing the bill. I left my car in the garage over night as they said the amount of work require will take more than 24 hours.

I go a call in the morning advising me my car had been damaged by a customer reversing into it. The dealership assured me they would get it all sorted however and provide a courtesy car so I left it in their hands. Over the next day everything went silent so I asked for further information on the accident.. it actually transpired that my car was out on a road test and the driver pulled out into the path of an oncoming vehicle. After weeks of discussions with the garage, their owner group and group risk leader they have advised that the car is a write off.

I am currently 1 year into a 3.5 year finance agreement. Thankfully I have GAP insurance as the PAV that will be issued (still to be determined) will not be enough to cover the outstanding finance. I know that my GAP will cover any downfall.

My concern is now the PAV will be given over to the finance company, I will be left without a car and I will be down all of last years payments for the car, including a deposit. This totals over £1400.

Do I just have to suck it up and move on? Do I have any legal standings at all? This garage in question is a nationwide garage and very well known by the way and not a backstreet dealer (although they act as shady as one..).

Thanks for any advise given.

But you have had the use of the car for a year.

Do you expect to have had that use for nothing?

As you haven't said what the make and model is, nor given the car's age, it is difficult to say whether £1400 is an appropriate amount for last year's 'hire' of the car.

This isn't the motoring forum... what's a PAV?

Fosterdog · 13 June 2017 at 5:41PM

Pre Accident Value I believe

photome · 13 June 2017 at 5:51PM

original thread on motoring forum

http://forums.moneysavingexpert.com/showthread.php?t=5659676

angryparcel · 13 June 2017 at 6:00PM

photome wrote: »

original thread on motoring forum

http://forums.moneysavingexpert.com/showthread.php?t=5659676

maybe by leaving out a lot of the details about the car the OP is expecting this thread to give them the answer they want too hear which the other thread does not.

Fosterdog · 13 June 2017 at 6:07PM

For anyone who doesn't want to read the other thread, car is an 11 year old mini which sounds over priced at over £5000 although that is including warranty and gap insurance, unclear whether or not interest is included in that.

And as has already been pointed out on the other thread the gap insurance is unlikely to cover as OP was not the one driving so would have to sue EH for costs.

OP was also shocked when they were contacted offering a service after just six months of ownership as it wasn't due for another six months so obviously hadn't ever heard of interim services which are done in between full services.

Dash_r · 13 June 2017 at 10:15PM

Apologies, in an attempt to keep the two issues separate I left the details of my car out as I didn't think it was particularly relevant.

I have a 10 year old mini(almost 11). The total value of the car including interest is £5100 (£3800 left to pay). It failed MOT on quite a few things. I'm not massive on cars but it was something along the lines of an emissions test failed, tyre was worn out and a faulty passenger airbag light.

That's all the information I missed. Does knowing this make any difference to the advice that would of been given before?

Also, to the person above, the services offered were not interim offers they apologised as there was a system glitch; you 'obviously' missed that part.

angryparcel · 13 June 2017 at 10:28PM

wealdroam wrote: »

But you have had the use of the car for a year.

Do you expect to have had that use for nothing?

As you haven't said what the make and model is, nor given the car's age, it is difficult to say whether £1400 is an appropriate amount for last year's 'hire' of the car.

This isn't the motoring forum... what's a PAV?

seems the car is 10 years old. read this http://forums.moneysavingexpert.com/showthread.php?t=5659676 more info on the car

CardinalWolsey · 14 June 2017 at 11:48AM

Dash_r wrote: »

The total value of the car including interest is £5100 (£3800 left to pay).

You possibly need to adjust your thinking. The total COST for the car, including interest (and GAP insurance) was £5100, and you have £3,800 outstanding on the finance. The VALUE of the car is whatever someone else is willing to pay for it. The AMOUNT you can expect to receive will be based upon another car of the same model, age, mileage and condition (before it was written off).

So the VALUE is likely to be scrap.
The AMOUNT you will receive is likely to be considerably lower than what the car COST you.

In my opinion, the garage have to put you back in the position you were in prior to them writing your car off, which is NOT the position you were in on the day you bought the car (i.e. further depreciation will be taken in to consideration, plus the fact that it had failed the MOT).

I assume though that the garage are not charging you for any remedial work they carried out on the car prior to them taking it out on the road?

Dash_r · 14 June 2017 at 12:26PM

CardinalWolsey wrote: »

You possibly need to adjust your thinking. The total COST for the car, including interest (and GAP insurance) was £5100, and you have £3,800 outstanding on the finance. The VALUE of the car is whatever someone else is willing to pay for it. The AMOUNT you can expect to receive will be based upon another car of the same model, age, mileage and condition (before it was written off).

So the VALUE is likely to be scrap.
The AMOUNT you will receive is likely to be considerably lower than what the car COST you.

In my opinion, the garage have to put you back in the position you were in prior to them writing your car off, which is NOT the position you were in on the day you bought the car (i.e. further depreciation will be taken in to consideration, plus the fact that it had failed the MOT).

I assume though that the garage are not charging you for any remedial work they carried out on the car prior to them taking it out on the road?

Thank you for the response.

I see what you're saying and in total honesty am not entirely bothered by the Pre accident value given to my car. I felt that the price (including the warranty and GAP insurance) was fair and I was happy to pay them accordingly. GAP insurance will cover any shortfall needed (Although after fully reading my previous thread I'll be calling them on my lunch to double check they will cover as garage were driving and not me).

While I understand the garages obligations from an insurance perspective I cannot see how I will be left in the same position as I was before the accident. Before the accident I had a Mini that I was paying monthly for which would be mine at the end of the agreement. It would of depreciated a lot in value however that's the nature of buying a car. I am now however left without a car and have lost the payments towards the car. This was caused by negligence of the company that sold me this car so in my eyes they should look to rectify this. Am I being completely unreasonable? Maybe I really do need to adjust my thinking however through all of the people I've spoken to about this (and there have been alot), noone else seems to think I'm being demanding or awkward.. apart from this forum.. :rotfl:

I am currently waiting for an official engineer report to give the final figures (and have been waiting since Friday when I received the estimate). I will attempt the route of requesting a change of vehicle on my agreement as suggested by one of the other posters.

And just to add on the question for the remedial work done on my car: The garage were unable to confirm what stage they had got to on my MOT. I don't know if it was a legitimate road test or if they needed something from the shop and decided to use my car.. Again, this information is being withheld.

/edit: Is it worth mentioning that my finance is on a Hire Purchase agreement, not a PCP? Does that change anything at all..

Garage have written my car off when in for MOT

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free