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Evening all,

 

I've had a pretty bad week resulting in a potential 'buyer' for my '06 Golf TDI stealing the key (which i only discovered the next day as they swapped it with an identical one from another vehicle) and stealing the vehicle from outside my house overnight.

 

I have followed the standard protocol and notified the police and my insurer. The claim has been referred to the underwriters, however I have been warned that there is the following clause in my policy which way result in the claim being rejected:

 

"Loss of or damage to the vehicle by someone who got it by trickery, fraud or deception"

 

I've narrowed down the only possible time when the key could have been stolen, which was when they 'checked it worked when turning on/off the passenger airbag'. I was standing behind them at the time but it was dark so did not notice anything out of the ordinary. This was the only time when they had the key as I didn't leave them unattended with it at any point.

 

My question pre-emptive in essence as I'd like some advice on how I would go about mounting a legal challenge against my insurer should they decline the claim.

 

I really can't afford to lose the value of this vehicle which still has over £8k owing on it.

 

Thanks in advance for any advice.

 

David

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If you have any problems, speak to the FOS.http://www.financial-ombudsman.org.uk/contact/index.html

 

They may have had dealings with this sort of issue and may be able to shed some light on what your rights are.

 

( This [problem] was highlighted on BBC's real hustle. The advice was to never allow the prospective buyer to touch the keys, as if you did, it would only take a second to swap them.)

Edited by unclebulgaria67

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What would be the basis for a legal challenge?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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The application of a contract clause is unfair ?

 

There are apparently FOS complaints that have been upheld in the policyholders favour. They have deemed that the policyholder had acted in a reasonably careful way and should not be penalised for having a criminal act committed against them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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thanks for the advice and link. I'll see what their initial appraisal comes back with on Mon/Tues and then look to pursue from there. There is no way the insurance company can accuse me of not being careful as I was either in posession of the keys or standing right there when they apparently did the swap.

 

Have now watched the real hustle episode which is a bit of an eye opener - I was even more careful than the car salesman (not letting my car get in my line of sight) but that said It was the absolute last thing I was expecting to happen which is why they got away with it.

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hi

 

i really feel for you

 

i had my ford transit van soteln from the front of a clients house whilst working in the back garden

 

i locked the van and did everything normally

 

Fortis insurance reckon the back doors were open and i had told an investigation company this fact (not true either way) and a work collegue with me at the time had mentioned this to me on his returning to the vehicle to collect materials9that the doors were open)just not true

 

i havent been negligent and never expected this to happen the cost has bee n a rea lblow and in all i have had t oborrow to bu ya nbew van and the cost of stolen van and some tools totally £6.5k

the van was never recovered aftr stolen on 20/8

 

I have rebutted the decision of fortis through my insuracne agent van compare and the financial ombudsmen and if thats doesnt work i will appoint my solicitor to challenge the decison

 

all i know my van was stolen and that i didnt expect it thats seems to be the troubel youve got to be 100% alert to every [problem] al lthe time

 

i wont give in to fortis and will go to court to deny any penalty claim against me of being negligent

 

insurance companies will lie and exagerate to not pay a claim so the financial ombudsmen and later a solicitor maybe needed to defend your rights

 

best of luck iain

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Go tot he FOS, lodge a complaint. Based on what your saying if you were standing behind them and there was nothing more you could have done, you may have more of a case, it will not be clear cut though. If you left the key, went to the house etc, then it's different.

 

Re the van, do you still have both keys? On paper it's impossible to take a modern vehicle in a short space of time.

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As a side note. When I lived in South Africa a [problem] at a local main dealer garage was for the driver to copy the key when the car was in for service. He would then sell on the copy of the key and the thieves would wait for the correct opportunity to steal the vehicle. It was easier to steal the car when the person was at work rather than from their home as most homes are heavily guarded.

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hi yes thankyou for your response and help

 

i bought van at auction one key and one fob

i have them or did until insurance investigators took them as part of their enquiry

 

i reckon vehicle went in about 30-40 mins period

so all i can think is that thief was i nvehilce tamperin gdurin gthat period of course i was woirkin gat back of hosue and cant confirm or witness any of this

 

this is probally my worst scenario in 30 years driving no payout 250 tpft til feb 11 and advised on £1000 fully cop + in march 11

and non was my fault

 

thnaks iain

 

 

 

 

Go tot he FOS, lodge a complaint. Based on what your saying if you were standing behind them and there was nothing more you could have done, you may have more of a case, it will not be clear cut though. If you left the key, went to the house etc, then it's different.

 

Re the van, do you still have both keys? On paper it's impossible to take a modern vehicle in a short space of time.

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  • 2 months later...
Evening all,

 

I've had a pretty bad week resulting in a potential 'buyer' for my '06 Golf TDI stealing the key (which i only discovered the next day as they swapped it with an identical one from another vehicle) and stealing the vehicle from outside my house overnight.

 

I have followed the standard protocol and notified the police and my insurer. The claim has been referred to the underwriters, however I have been warned that there is the following clause in my policy which way result in the claim being rejected:

 

"Loss of or damage to the vehicle by someone who got it by trickery, fraud or deception"

 

I've narrowed down the only possible time when the key could have been stolen, which was when they 'checked it worked when turning on/off the passenger airbag'. I was standing behind them at the time but it was dark so did not notice anything out of the ordinary. This was the only time when they had the key as I didn't leave them unattended with it at any point.

 

My question pre-emptive in essence as I'd like some advice on how I would go about mounting a legal challenge against my insurer should they decline the claim.

 

I really can't afford to lose the value of this vehicle which still has over £8k owing on it.

 

Thanks in advance for any advice.

 

David

 

Dear David,

My Mercedes CLK '57 has been stolen when the "buyer" asked me show him the spare key. I started up the car with the spare key then he got in,was satisfied that everything works and gave it back to me.15 min later when i checked on the car it was gone. I later realised that my spare key has been swapped with an identical one.

My insurance company says that its not likely i will get the money back because it was "theft by deception"

I understand that your was stolen in the same way. Have your insurance company paid up? Could you please give me any advice as to how I should go about it?

thank you in advance

Ana

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