fuel theft

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Dorothyl

New Member
Apr 11, 2013
2
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On Saturday the alternator on my car gave up the ghost. So I called my assist company who arranged to have it picked up and taken to the main dealer for repair. So far so good when I came to pick it up the garage said that the fuel tank had been drilled and the fuel stolen. It could not have happened at their
garage as the car had not been the long enough and their cctv showed no one came near the car. The recovery company said it had not happened at their yard, but they both agreed that it had happened whilst out of my care. So is the assist company responsible as I have a contract with them to care for my car when it broke down or in an accident they sub-contracted to the recovery
company and the repair garage.
 
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ALewis

Moderator
Nov 23, 2010
691
4
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South Wales
Theft is a criminal matter to be dealt with by the Police,
The assist company have the duty of care towards you though as per the Law of Contract. Though I suggest you take this down the criminal route rather than the civil path.
 
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Dorothyl

New Member
Apr 11, 2013
2
0
0
I reported theft to Police they said it was an undetectable crime so gave me a crime number and left it there. So now no car and a bill for £450 for a new tank that as a single, though working, mum I cannot afford and am at risk of losing my job because of lack of transport. So who pays,
:mad:
 
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Witch consumer

Moderator
Sep 8, 2008
1,593
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Debtors retreat
I think the assist company have responsibility as they have a duty of care, you put the car into safe hands, it is up to them to make sure no harm comes to it. Ask them for their insurers details and check whether you have legal assistance on your own motor insurance.
 
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ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
I see, thing is, with criminal law, the prosecutors need to prove guilt 'beyond all reasonable doubt', which I can see would be tricky to do in this case.
However in civil law, you only need to prove guilt on the 'balance of probabilities'.
As it seems you have to take it through the civil way, as Witch said, get in touch, give them all the details, notify them of their duty of care owed to you, and tell them what you want done, with the threat of legal action should the result not be satisfactory. (Also provide a time frame for reply, usually 10-14 days)
Send them a letter, keep a copy of the letter (as evidence), and send it by a recorded means - so that you have proof of receiving it (and of course keep your receipt).

Or if you don't want the hassle, use your legal cover in your insurance (if you have it), but of course then you've made a claim and will get higher premiums...

Adam
 
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