Car released from garage without authority

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    ...and how did they know it was ready for collection, if the dealer were storing it while warranty discussions were ongoing?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Good morning - New on here, and my first thread


    I have a Landrover Discovery 4, 2012 54k miles. Broke down in France. Got in touch with English transport guy via a web site in France. He agreed to transport to Landrover dealer in UK for xx amount - nothing signed, and stayed at our place for few days..got on well


    Delivered car to main dealer. It has been there for 10 weeks while I have been wrangling with Landrover over warranties..contribuitions etc... Dealer had no problem with holding vehicle there for me


    Meanwhile, in France wrote off my other car when lorry pulled across me on motorway forcing me into barriers, and cleared off. Anyway, was a write off, got paid out, and told they would collect it.


    8 weeks later no collection. Phoned insurance for update. Told they had to arrange for it to come back to UK. At the time the transport guy who recovered my Landrover to UK was staying for few days as was collecting cars near us. He had a spare place on his transporter, so I suggested to insurance that maybe he could recover it back to UK. They called him and all arranged and off he went, after we had agreed that he would use their payment to cover my cost...so we were quits




    Something didn't ring right with this transport guy..gut feeling, so 2 weeks ago I phoned Landrover dealer and instructed them to only deal with myself, and specifically not to deal with the transport guy, or his company


    Imagine my shock, when I phoned the Landrover dealer yesterday to inform them that I had arranged for a friend to collect my car from them, and was informed that someone had collected it last week!!


    I asked who had signed for it, and they told me it was the guy from the transport company, who I had specifically told them not to deal with, and they had not even contacted me for authorisation! No receipt signed or anything. They said “well he had the correct paperwork” which was a photo of the front page of the log book I had sent him for when he initially transported it to UK


    Told them that they were liable and that it was down to them to recover my car. They would check with the manager, who was off yesterday, and come back to me – No call back so far




    So….as far as I am concerned, the dealer is liable, due to negligence, on the following points;


    • They released the vehicle without my authorisation, and without any correct paperwork
    • I specifically informed them not to deal with anyone except myself, and in particular not the transport guy or his company – (I have voice recording of the conversation)


    I have logged this with my local police station, and have a crime reference number, as my vehicle has been stolen, taken without my permission, but they think it might be a civil matter??? They are forwarding the report to the county where the vehicle was taken from, and they will decide if civil case or not


    Am correct in my thinking, and how should I progress ?


    Thanks in advance
    Saved for posterity ;)
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    How can you even think this has anything to do with insurance fraud, when I'm not even informing my insurance company
    I am dealing with this outside of my insurance with the police and the delaership


    Yet if you recover payment that would come from the dealer's insurance. So you're not off the hook on that basis.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    What do you mean by this?

    "They called him and all arranged and off he went, after we had agreed that he would use their payment to cover my cost...so we were quits"

    If at any point while he was staying with you you suggested that he would pick up your Land Rover then you'll have a hard time proving TWOC. In fact he could argue you did - the photocopy of the documents might assist him. Why did you not recover this from him?
  • MEM62
    MEM62 Posts: 4,752 Forumite
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    I am dealing with this outside of my insurance with the police and the delaership

    Why? If it is your view that the car has been stolen you should report it to your insurers.

    Something doesn't smell right here.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    I did not instruct him to take it - I actually informed the dealer to only deal with myself, and specifically not the transport company concerned

    It’s a strange with to say. Whenever I’ve had a vehicle recovered I have never instructed the garage not to return the car to the recovery operator.
  • bigisi
    bigisi Posts: 925 Forumite
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    The fact the OP felt he had to tell the dealership not to release the vehicle to the recovery guy suggests he knew something was going to happen. This story is missing too much important information because the OP obviously doesn't want to hear what we have to say if he tells us the truth.
  • photome
    photome Posts: 16,362 Forumite
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    neilmcl wrote: »
    Let's sum up:

    You're "living" in France with a Landrover that requires some work to be done by a UK dealer and just so happen to know a guy that will transport it back for you.

    You let this apparent stranger stay at yours, not once but twice (possibly more?). Who does this?

    He delivers your LR without issue, presumably he's been paid? You then get him to deliver your second car back to the UK so that your insurer can assess it. Again he delivers this OK, to where exactly?

    Out of the blue, you decide that you no longer trust the guy but instead of cancelling the delivery job for some reason you decide to contact the dealership that holds your LR and tell them not to deal with him, then for no apparent reason he turns up and collect your car. Really!

    Finally, instead of actually doing the most obvious and sensible thing and contact the transport guy to see where your car is at and why he picked it up you decide to go straight to the police and to top that off, not involve your insurer.

    OP, are your really expecting us to believe any of this?


    Thats how I read it, doesnt sound very believable does it, its not a BMW though
  • davemorton
    davemorton Posts: 29,066 Forumite
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    photome wrote: »
    Thats how I read it, doesnt sound very believable does it, its not a BMW though

    Has been in the past, so that could be enough ;)
    “Quis custodiet ipsos custodes?”
    Juvenal, The Sixteen Satires
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    Mercdriver wrote: »
    What do you mean by this?

    "They called him and all arranged and off he went, after we had agreed that he would use their payment to cover my cost...so we were quits"

    If at any point while he was staying with you you suggested that he would pick up your Land Rover then you'll have a hard time proving TWOC. In fact he could argue you did - the photocopy of the documents might assist him. Why did you not recover this from him?

    The TWOC would come in the UK when he removed the car from the dealer.

    You can steal your own car from a garage.
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