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197 Stolen (sort of)



  197
Direct Line arranged collection of my car for a panel repair 21 days ago but I can't have it back. The car is sitting in the repair company's garage but they went into administration last week and the creditors will not release the car. Direct Line are threatening to report it stolen and direct the police to the garage. I see a long drawn out legal battle commencing.

Richmond Motor Group in West Brom if you know them.
 
  audi a6 3.0tdi
Have you got a courtesy car? i hate my car going anywhere. If its classed as stolen they will have to pay you out.
 

DrR

ClioSport Club Member
  VW Golf GTD
Break in, steal the car using the spare key, then deny any knowledge.

Seriously though, unlucky!
 
  Flame Red Delight
bit of a dilema there, whatever you do dont do anything to put yourself into "the wrong" i personally would go down to my local police station explain the situation and go from there, no matter what happens the car is rightfully owned by you and the car is not classed as the companies assets as it isnt physically there car even though they have it at the moment, hope that makes sense, i know a fair bit of law :)
 
  197
I didn't have loan car ticked on my quote but now, after 21 days they are getting me one tomorrow. I had a right row with Direct Line today who tried to say it was between the garage and me. It was their appointed garage and they came and took the car away from me, not me taking it to them. I told DL that in effect, they have arranged the theft of my car and should I call the police I would have no hesitation dropping them in it. I had a call within 30 minutes to arrange delivery of a hire car.

Thing is, I knew something was up some time ago as they told me it was only 1 rear panel and a side skirt that needed replacing. That shouldn't take three weeks. When I get this hire car I will pay them a visit with my spare keys and see if I can "reclaim" it.
 
  197
bit of a dilema there, whatever you do dont do anything to put yourself into "the wrong" i personally would go down to my local police station explain the situation and go from there, no matter what happens the car is rightfully owned by you and the car is not classed as the companies assets as it isnt physically there car even though they have it at the moment, hope that makes sense, i know a fair bit of law :)

That's the rub you see. Their small print suggests that whilst outstanding work is taking place on the vehicle they have title to it until the outstanding moneys owed against that vehicle are paid. Now DL say they paid the garage but the creditors have not had their payment.
 
  Flame Red Delight
i wouldnt try and "reclaim" it mate you could get yourself into alot of trouble with the police and also get yourself furtherly involved in the companies legal battle, go through the correct channels
 

Brian

ClioSport Admin
  LY 220 Trophy
Once the creditors have gone through everything they'll see it's not owned by the dealer and therefore have no interest in it. How long that may take, I don't know.
 

Scott S

ClioSport Club Member
  172 Flamer & ER-6F
bit of a dilema there, whatever you do dont do anything to put yourself into "the wrong" i personally would go down to my local police station explain the situation and go from there, no matter what happens the car is rightfully owned by you and the car is not classed as the companies assets as it isnt physically there car even though they have it at the moment, hope that makes sense, i know a fair bit of law :)


That's what I was thinking, although, it mat be that they are holding onto it until any work is paid for (not saying anyone is refusing to pay etc).
 
  197
i wouldnt try and "reclaim" it mate you could get yourself into alot of trouble with the police and also get yourself furtherly involved in the companies legal battle, go through the correct channels

I wouldn't go with the intention tbf but it would be hard to ignore it if it were sat in front of me.
 

Sash

ClioSport Club Member
  A Yellow One
If you report it stolen it will show on HPI in the future too.

Unlucky though, hope u get it sorted.
 
  Flame Red Delight
That's the rub you see. Their small print suggests that whilst outstanding work is taking place on the vehicle they have title to it until the outstanding moneys owed against that vehicle are paid. Now DL say they paid the garage but the creditors have not had their payment.

whatever you do dont do anything to get the car back mate or you will get yourself well caught up in the legal battle, just need to wait it out if DL say they have paid it then they will have proof of this transaction so maybe ask for this proof? No matter what happens mate, at the end of the day the car is rightfully yours, if the works been done then yes they have the right to be paid but if the work hasnt been done they have no right to be asking for the payment.
 

seb

ClioSport Club Member
  Clio trophy
i'd be round the creditors every day with all your documents for the car and the work going on etc.

i would be on their case every day.

good luck. :(
 
  Chelsea tractor
The creditors won't be doing anything, it's the appointed Administrators who will be (if they have gone into administration); they're usually a firm of insolvency practitioners.
 
  197
Work is said to have been done & complete as the Direct Line engineer at the garage gave it the quality once over for release. It was at this point he got onto his bosses to give them the bad news.
 
  Chelsea tractor
If it is done and complete, they would probably have a lien over the car until Direct Line pay them for the work. The effective debt over the car would be counted as part of the company's assets when the IP's work it all out.

As tehduck says, the administrator would generally have a notice saying who it is.
 
  197
If it is done and complete, they would probably have a lien over the car until Direct Line pay them for the work. The effective debt over the car would be counted as part of the company's assets when the IP's work it all out.

As tehduck says, the administrator would generally have a notice saying who it is.
Their website has the creditors name clearly on show but Direct Line have instructed me to let them deal with it. I was told Enterprise would be calling me to arrange a car but nothing, I just called them and they are saying Direct Line gave them an incorrect number to contact me on. Nightmare this has turned out to be. Gotta laugh. On the bus again tomorrow then.

http://www.rmgroup.co.uk/
 
  197
That's a right pickle you find yourself in.

Surely it's classed as a form of theft??? :S

Yes I agree but as sash says, it would go on the HPI database and I could do without that. I really want that car back as it's a minter with low miles. I just spent another £200 on detailing gear and I can't use it. I have my wheels booked in for a powder coating next week but that's a no go as well.
 
  BMW 320 M Sport, 197
Damn fella, that's unlucky!
Hope you get it back very soon if it's been repaired already.
I'd be very tempted to get it back too if I could and had a spare key, but legal channels would prob be best.
 
wtf?!?! serious, i'd break in and take it back regardless of consequences i'd get put my way.

yes its hot headed but bothered.

as above though the administer should have someone on display and them holding it back id say is pretty much theft
 
  mk2 ph2 172 Flamer
one of my mates had the same problem, he eventually got the car back after about 2 months
fell sorry for you mate
 
  White clique
what an outrage!

I would be tempted to go there with the spare keys and nick it back and if the po-po chase you, you can tell them you've stolen your own car.
 

jenic

ClioSport Club Member
i'd be on to direct line every day as they are a bunch of useless f**ks aswell
+1

I'd try and get the same person every day too, pick one of the ones that have been most helpful up to now and get their extension.

After a reasonable about of time, could you not report it as stolen, if it did go on the HPI record then take direct line to the small claims court for the projected loss you will incur come resale time?
 
  Bumder With A Buffer
Yes I agree but as sash says, it would go on the HPI database and I could do without that. I really want that car back as it's a minter with low miles. I just spent another £200 on detailing gear and I can't use it. I have my wheels booked in for a powder coating next week but that's a no go as well.

But it's not stolen as in "stolen" is it?? You put it into a garage for repair, they go into administration and won't give the car back.

That's theft of property and shouldn't be on an HPI as it's different circumstances to a normal stolen car???
 
  197
i'd be on to direct line every day as they are a bunch of useless f**ks aswell

I had one of their advisors arguing with me today saying that they haven't got time to talk to the garage every day for an update and that it should be down to me. Luckily all my calls are recorded and when I spoke to this mutants boss to recount his comments she was worried about his attitude. All builds up my case for some sort of compensation/gesture when this is all sorted out. Gotta say I'm the centre of attention at work as we are in the Insurance game and everybody's saying "we told you so" going with Direct Line. Cheap insurance but poor after service. In fairness this is a pretty unusual set of circumstances but there's no excuse for bad mannered staff.
 
  320d
I'd go mad tbh. Probably get myself in trouble. Its your car, you paid for it, you have all legal rights to it, you owe them no money.

Go and get it.
 

Sir_Dave

ClioSport Trader
You need to talk direct to the Joint Administrators - Andrew Stephen McGill and Mark Jeremy Orton.

They are the organ grinders, not the monkeys & will be able to advise you of the correct steps to get your car back. If you can.
 


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