S3 TAKEN OFF ME!! WHAT CAN I DO???

just been sat reading all this, what a mess i feel for you man, i've just turned 21 and bought an s3 and know how much it all costs to buy and insure etc!! is there anymore news on this yet? best wishes and good luck!!!!
 
S3_Bon said:
just been sat reading all this, what a mess i feel for you man, i've just turned 21 and bought an s3 and know how much it all costs to buy and insure etc!! is there anymore news on this yet? best wishes and good luck!!!!
Click to expand...

Thanks matey.

Nah not much news yet, tried going to the place where its being stored to see it and they wouldnt let me near it, locked up in a big warehouse. The bloke was just a fat lazy **** and i dont think he could be *****. Was being really funny with my saying they get 1st refusal on the car off the insurance company, so i put him straight saying that the parts on the car are mine etc etc...
He reckons the wheels are standard S3 wheels! Why do people try and pretend they know what theyre on about when they obviously dont!! Grrr!!

Keep trying to get hold of the insurance company, the bloke dealing with it is trying to do me a deal on it but hes really busy and waiting to hear back off his boss.

Taken this week off work to try and get it sorted but im getting no-where! Start my new job on monday and i could do with it out of the way, also going on holiday in 3 weeks, just could do without the stress!

As soon as i know where i stand with the car, i can start to think about claiming some money back from the **** i bought it off!

I just keep telling myself its only money! Could be alot worse!
 
don't worry mate, it'll all be over soon.....

I've been through issues with insurance companies that take months and months to sort out.... hang in there!
 
Im hanging on! Wanted to just forget it and cut my losses but my dad has talked me into seeing it through till the end.

Can see his point, need to try and claw back as much as possible to clear my loan, then il go and get a mortgage :bye:
 
Real shame buddy. These days, Citizen Advice have solicitors on working pro Bono so at leats you can watch the pennys a bit. I would pursue until you can do no more.
 
yeah a few things have happend lately, taking sooo long to sort out its unreal!

Eventualy got to view the car at the salvage yard, took ages!!
Had a good look around it and it looks fine, took lots of pictures.
Insurance came back to me with a figure... thought it over long and hard then decieded i miss the S3 too much, sent them a cheque for the amount then waited....


and waited....

and waited...

3weeks late they cashed the cheque.

Told me on the phone (before i sent the cheque) that the car would be delivered back to me, then once i paid it turned into 'oh we dont do delivery, you will have to pick it up!' after a long argument i got them to give-in and they said they will sort delivery out
taken another week to get a phone call back, still havnt got a date for delivery yet, they really do seem to be taking the **** big-time and its doing my head in, im constantly waiting around for a phone call which never happens!!!

hopefully i should have it back in the next week or so.. (fingers x'd)

also been in contact with the bloke i bought it off, told him im going to sue, he said he will see his solicitor and get back to me - which he hasnt!
going to phone him later tonight.
offered him an out of court settlement (amount we both agree on probably around the £5k mark) or i said il take him to court for the whole £9k then he will have to pay both sides of solicitor fees + court fees etc.. would be well over £11K - this is what my solicitor suggested but i just want it over as quick as possible and im a decent chap so thought id offer him the chance to pay a bit less


we'll see!!

cheers for the interest and support guys :icon_thumright:
ash
 
sounds positive Ash, glad to hear you're perservering with it, your hard work and effort WILL pay off.
 
ash_s3 said:
also been in contact with the bloke i bought it off, told him im going to sue, he said he will see his solicitor and get back to me - which he hasnt!
going to phone him later tonight.
offered him an out of court settlement (amount we both agree on probably around the £5k mark) or i said il take him to court for the whole £9k then he will have to pay both sides of solicitor fees + court fees etc.. would be well over £11K - this is what my solicitor suggested but i just want it over as quick as possible and im a decent chap so thought id offer him the chance to pay a bit less
ash
Click to expand...


Good man ! Seems like you're dealing with this fine. Surprised your solicitor gave you advice like that though. Perhaps you should give his number out . The only solicitor in the uk with a tidy pair of balls !

Good luck mate.


Chris.
 
Good to hear its coming together for you mate, Cant believe how gutting the whole ordeal must be for you,
Keep you chin up and it sounds like it will come good.
 
What a terrible situation! and I thought I was having a rough time. First off well done for not going mad and keeping at it. I rekon your best chance will be to get the car rerigistered as a cat D or whatever and then selling it. There are plenty of people who arent put off by the so called write offs if the price is right. I hope you get some money out of the chap you bought the car off, it will save years of silly court malarky that he probalby wouldnt turn up to anyway. Best of luck....

Brian
 
As far as buying a car goes. Being an innocent purchaser is about as grim as it can get.

As for sueing the last owner.... the burden of proof lies with you to prove he sold the car to you knowing it was ringed.

Proving that could be tough in court. But all the very best of luck.
 
Mike H said:
As far as buying a car goes. Being an innocent purchaser is about as grim as it can get.

As for sueing the last owner.... the burden of proof lies with you to prove he sold the car to you knowing it was ringed.

Proving that could be tough in court. But all the very best of luck.
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I know he didnt know it was ringed, but the law states you cant sell goods that dont belong to you, so thats where my case is 100% solid, i cant prove whether or not he knew it was ringed but i sure as hell know he sold it me and it wasnt his to sell.

Will keep you guys updated with the progress, thanks again for all the posetive comments, really does mean alot.

Will be able to go back on the road on its original VIN numbers and original reg, looks like it was a year (6months) older than i thought so will prob go back on a Vreg instead of the Wreg i bought it on.
Audi say they can order me the correct VIN numbers and i have to get an authorised garage to weld the new plate under the bonnet where the old one was cut out.

Im sure i'll fall back in love with the S3 once i get it back but more than likely il be selling it as it was up for sale before it got taken off me so me and my girlfriend could get our own place.
It will be registered as stolen recoverd on a HPi check so i think that will affect the value a bit, been told to expect around 30% less for it as a general rule.

We'll see!!

On a brighter note, im loving my new job so thats cheering me up for now!!
:icon_thumright:
 
AFAIK stolen recovered with no damage is category X.

So you shouldn't actually lose any value in my opinion as long as you can show it wasn't actually damaged.
 
Mike H said:
AFAIK stolen recovered with no damage is category X.

So you shouldn't actually lose any value in my opinion as long as you can show it wasn't actually damaged.
Click to expand...

The problem he has is, anyone who has read this post will know the history which can be a good thing aswell as bad, since he will most likely put it up in the classifieds of this forum as a start. Goodluck with the sale Ash, glad you have finally got somewhere with it, you'll probably get some more £££'s if you take some of the stuff off, if you have the old items lying around.
 
BIG PROBLEM!

Insurance company phoned me today (should have been to agree on delivery date) told me they're very sorry to inform me that i wont be getting the car back!!!
Said theres been a misunderstanding, aparently directline have broken their contract with the salvage company by offering the car to me FIRST.
Said they HAVE to let the car go to salvage company and then il have to buy it back off them, for probably atleast double what direct line wanted.

This is an absolute **** take, ive been ****** around for the past god-knows-how-many weeks, and eventualy i start to see some light at then end of the tunnel then some **** hole kicks you in the face just one more time.

A quality example of how a company can be so dis-respectful and so intent on making every ******* penny they can

Ive seriously come to the end of my tether now, i cant be doing with this hassle anymore.
 
Complain to the insurance ombudsman. If you have it in writing that they have offered it you....you have a case. the ombudsman will review your case.
 
Mike H said:
Complain to the insurance ombudsman. If you have it in writing that they have offered it you....you have a case. the ombudsman will review your case.
Click to expand...

nothing in writing mate, all done over the phone, got copy of the letter i sent allong with the cheque
whos the ombudsman??
 
ash_s3 said:
nothing in writing mate, all done over the phone, got copy of the letter i sent allong with the cheque
whos the ombudsman??
Click to expand...

First off,im really gutted for you mate!!

Anyway the insurance company will have recorded all conversations, they do all to cover themselves and be able to proove what they have cinfimed,or not confirmed to a customer. Most insurance policies are entered into over the telephone so this is must for them! The ombudsman, if they decide to investigate, will be able to obtain the recording of your conversation. If in that they have agreed a settlement with you, then it will act as a verbal contract and will be seen as binding by the ombudsman. Now unless they can then broker a deal with the salvage company it may end up they still have to sell the car to the salvage company to keep to that contract,however they will have to pay you for the value of the car, at least, if not compensation aswell.

Good luck pal!
 
Your story is so bad it makes my S3 fiasco look like a nice walk in the park!!

I am no expert in this Law type thing and it looks like you have been doing all the right things to get this situation resolved, but if the insurance company cashed the cheque for the car does that not mean you now own it again?? if they cashed it they must of had the right to sell it back to you.
I had an old Subaru Legacy turbo that i wrote off, it was only light cosmetic damage but the parts were expensive and the car was old so = written off. I bought it back off the insurance company for £400 there was no mention of salvage yards then (this was a few years ago though).

hope it all comes good in the end for you
 
IDUA3 said:
First off,im really gutted for you mate!!

Anyway the insurance company will have recorded all conversations, they do all to cover themselves and be able to proove what they have cinfimed,or not confirmed to a customer. Most insurance policies are entered into over the telephone so this is must for them! The ombudsman, if they decide to investigate, will be able to obtain the recording of your conversation. If in that they have agreed a settlement with you, then it will act as a verbal contract and will be seen as binding by the ombudsman. Now unless they can then broker a deal with the salvage company it may end up they still have to sell the car to the salvage company to keep to that contract,however they will have to pay you for the value of the car, at least, if not compensation aswell.

Good luck pal!
Click to expand...

Can you explain a bit on this mate, sounds like you know what your on about and could do with some good solid advice

i thought once the cheque was cashed the car was mine, simple as. but they say they made a mistake and it wasnt theirs to sell in the 1st place.
they say i cant have my bits back but surely taking them without consent is theft??
 
i heard when my old car was stolen that the owner gets the first option to buy it back. In your case i guess this would be the insurance company?
 
But surely the modified bits you put on the car, which you paid for and have receipts for, are your property and they have no right to sell those to the salvage company?
Ok you may have to replace them with standard ones but those bits are your property. Also I seem to remember that thiungs like the engine and interior where from a different car to the one that was stolen. So again surely you own those parts as well? If you are not allowed to remove your bits from the car, then surely they don't have a right to sell you bits without your agreement?

Hope you get it sorted though, sounds like a nightmare.
 
IDUA3 said:
First off,im really gutted for you mate!!

Anyway the insurance company will have recorded all conversations, they do all to cover themselves and be able to proove what they have cinfimed,or not confirmed to a customer. Most insurance policies are entered into over the telephone so this is must for them! The ombudsman, if they decide to investigate, will be able to obtain the recording of your conversation. If in that they have agreed a settlement with you, then it will act as a verbal contract and will be seen as binding by the ombudsman. Now unless they can then broker a deal with the salvage company it may end up they still have to sell the car to the salvage company to keep to that contract,however they will have to pay you for the value of the car, at least, if not compensation aswell.

Good luck pal!
Click to expand...


Erm....

Ok whilst they may have to pay some form of compensation.... why on earth would they have to pay Ash the value of the car? Technically it's theirs? The argument lies on who gets first dabs on it.

Seriously though, contact the ombudsman Ash. They regulate insurance companies. Their word on the phone should be more than enough if they have agreed a figure to buy it back from them. Irrespective of what they have agreed wit the salvage agent, they will owe you some form of compensation if they have since broke a contract with you. Think the link was higher up in the thread for you.

I work for R&SA as a tech handler, and can honestly say that the ombudsman is something well worth while going too if you have an honest grievance. Insurers have to make recordings of calls, place notes on files, and if they have agreed stuff with you, it'll be on the file, trust me.

Good luck and don't give up fighting the cause.


**edit**
They cashed the cheque for the car from you!? Damn me for skim reading.... dude, you have an awesome case.
 
Mike H said:
Erm....

Ok whilst they may have to pay some form of compensation.... why on earth would they have to pay Ash the value of the car? Technically it's theirs? The argument lies on who gets first dabs on it.
.
Click to expand...

Erm ............

Technically it isn't if they have brokered a deal for the purchase of it, accepted payment via cheque, then cashed it. The transaction is complete. If they then go back on it, they have to refund the money paid, (the value of the car), and compensation. I though what I said was pretty clear.
 
ash_s3 said:
Can you explain a bit on this mate, sounds like you know what your on about and could do with some good solid advice

i thought once the cheque was cashed the car was mine, simple as. but they say they made a mistake and it wasnt theirs to sell in the 1st place.
they say i cant have my bits back but surely taking them without consent is theft??
Click to expand...


You really do have a rock solid case.All you need to do is get in touch with the Ombudsman straight away mate!
 
Mike H said:
Erm....

I work for R&SA as a tech handler, and can honestly say that the ombudsman is something well worth while going too if you have an honest grievance. Insurers have to make recordings of calls, place notes on files, and if they have agreed stuff with you, it'll be on the file, trust me.
Click to expand...


Im sure that's exactly what I said!
 
IDUA3 said:
Erm ............

Technically it isn't if they have brokered a deal for the purchase of it, accepted payment via cheque, then cashed it. The transaction is complete. If they then go back on it, they have to refund the money paid, (the value of the car), and compensation. I though what I said was pretty clear.
Click to expand...

Sorry dude. Please see the edit at the bottom of my post. I missed that part off. Apologies.
 
As far as I see it, they have accepted your payment and so a contract exists between you now for them to supply the vehicle. Get Legal advice fast and use to Ombudsman.

Paul
 
They made a contract with you verabl or otherwise, you have a cdontract and thay are welching on it. You can sue them, and you can win!

if there is supposedly some other contract, they have committed an offence byt selling the car to you and the salvage company, they need to make good on it, not just your check but compensation too.

Its nonsesnse, the reason they do this is because if they sell to you, they need to cover the storage fees which are stupid. So it means the salvage yard can buy at stupid low price or they charge insuarance a load.
Its just about other people who have no interest in this car making cash, and you who has lost out can go whistle as far at they are all concerned.
It stinks, make a fuss and write to the salvage company informing them of YOUR gear attacthed to the car is NOT part of any sale they agree with D Line.

Then see if they want to buy it minus all the bits to make it move!=
 
"aparently directline have broken their contract with the salvage company"

What about the contract they've now broken with you - a paying customer???
Can't believe this situation could get any worse for you, this is how insurers break people down, bit by bit over a long period of time, hoping you'll eventually back down and go away. Stick with it and good luck!
 
Spoke to the senior manager at directline today, he was extremely apologetic and offered me my money back, said he would wire it across to me right away, i turned down his offer in case i don't have a say in it when ive been refunded.

Had a busy day at work today so couldn't get round to phoning up people, going to phone the ombudsman tomorrow and see if that helps.

Guy at directline said he wants photocopies of all my receipts and to send them to him direct, he said theyre not letting anyone have access to the car until the case is resolved and all parties are happy which is good. He seemed pretty helpful and said hes been over and over the case to try and find a way around it but he cant see a way.
 
ash_s3 said:
Guy at directline said he wants photocopies of all my receipts and to send them to him direct, he said theyre not letting anyone have access to the car until the case is resolved and all parties are happy which is good. He seemed pretty helpful and said hes been over and over the case to try and find a way around it but he cant see a way.
Click to expand...

I would think it a plausable notion to think that the ombudsman would rule that the insurance company have already sold the car back to you,as it is,not in component form. The insurance company would possibly have to pay the salvage company compensation for breech of contract.But this is not your concern and you should remind the insurers of this! You pay them the premium! Im not 100% sure obviously, it depends on how the ombudsman interprets the details. I would seak to the OMB (sick of writing that word) before thinking about excepting a different offer from the insurance company. Remember the key here is that they cashed the cheque.
 
:iagree:

but as i stated before i am no expert, but fingers crossed that their mistake turns out to be your good fortune and gets this sorted asap for you.
 
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