Rejected vehicle & it exploded due to arson attack.

[Leeds Man]

RE : Rejected vehicle & it exploded due to arson attack.

I bought a second hand vehicle 25.09.18 for £5k in my personal name.

10% cash deposit & 90% vehicle finance.

The vehicle was described as having a diesel night heater addition (non-manufactuer standard fitting done after original purchaser prior to me bought it) - it was not present.

I rejected the vehicle on day 27 of purchase by letter citing it is a defective purchase via. Consumer Regulations Act 2015. I attended the vehicle dealers compound on day 29 (24.10.2018) to return & follow through the rejection - the dealer told me not to use the vehicle again, store it at my home address, that I would need to liaise with the finance company & he would arrange collection.

I had been in liaise with the finance company from approx. day 14 citing concerns about dealer selling the vehicle without the diesel night heater, which the dealer described was fitted to the vehicle.

The finance company investigated the matter & confirmed they would be supporting unwinding the credit agreement due to misrepresentation by the vehicle dealer. They confirmed this in a phone call on 05.11.2018 at approx. 4pm.

At approx. 2245 hrs on the same night, 05.11.2018 the vehicle is subject to an arson attack outside my home. Someone has broken into the vehicle, poured an accelerator (fuel) & set alight to it. The vehicle exploded outside my home, it's a complete write off & the flames melted my front door. I was alerted to this by the fire brigade.

I contact the finance company - they say : your problem, not ours. Case is closed in regards unwinding the credit agreement. Go away, we do not wish to liaise any further - deal with the Financial Ombudsman if your want to complain.

I tell the finance company that after seeking legal advice - I have been told the vehicle was stored at my home location by the dealer & at his risk. The dealer should claim on his insurance as I rejected the vehicle in full & followed his instructions for storage + not to use the vehicle ongoing. I was acting as 'an agent' for the dealer.

* The arson is VERY convenient for the dealer who was at risk of a fraud investigation - the evidence (the vehicle) has been destroyed.

Here is the legal conundrum :

* On day 29 when I followed dealers instructions not to use vehicle & store it at a location of their choosing, they would then arrange collection. Did this then become the dealers risk ? If so, what is the statue that helps clarifies this ?

Multiple legal expert's have told me they believe this is their legal opinion. The finance company disagree & refuse to take formal legal opinion. The dealer is uncooperative & wrote me an unprofessional letter like an angry illiterate teenager. The legal experts have said to me the dealer should claim on their insurance.

I now have to make a choice :

a) Claim on my insurance, pay £875 excess & have it as an insured loss against myself. This will affect my future insurance premiums. Then make separate claims for loss of £875 excess & any shortfalls from dealer & finance company

b) Pay insurance & finance company credit commitments (circa. £250pcm) & continue to do so while I take this matter to small claims / get resolution from Financial Ombudsman.

The vehicle is parked on the public road, so I need to keep insured. It is a hazard. I could pay for private removal - it might affect my insurance if I claim on that.

The dealer has written to me stating he did not accept rejection of the purchase.

*** Picture of burnt out vehicle below.

This is a complete mess Any assistance appreciated.

[2222]

The least risky course is going to be to claim on your insurance. Possibly, followed up by claiming against the finance company. I think I'd definitely leave the dealer out of this.

The first thing to do is to send an SAR to the finance company, especially asking for a copy of all telephone calls.

[Leeds Man]

Agree with claiming on my insurance unfortunately - as I don't feel I can delay matters any further due to burnt out wreckage that will sit there during small claims. It poses a risk to others & I will have to pay insurance premiums - losses I may not be able to claim back.

I have requested call copies & in process of SAR.

Motor finance have written to me confirming - they have no copies of call recordings with the dealer.

[2222]

It wasn't the burnt out wreckage I would be concerned about.

[des8]

If you make a claim on your insurance, the insurers will deduct the outstanding premium from your indemnity.

it was never up to the dealer to give instructions about return of the vehicle, all dealings should have been through the finance company who owned the vehicle.

Quote "Multiple legal expert's have told me they believe this is their legal opinion" ???

quote "The finance company investigated the matter & confirmed they would be supporting unwinding the credit agreement due to misrepresentation by the vehicle dealer. They confirmed this in a phone call on 05.11.2018 at approx. 4pm."

IMO , if you can prove this , the finance company have implicitly accepted your rejection. However you were acting as bailiee of the vehicle, but in that position you only have to take reasonable care of the goods. As it was destroyed because of a criminal action by an unidentified third party I doubt the finance company can argue successfully that you failed to take reasonable care.

I would agree with 2222 that your best course of action is to claim on your insurance as that will remove the eyesore from the road.
You then need to claim from the finance house ALL your losses (which will include an allowance for loss of any no claims bonus)
Before making your claim write to the finance house telling them that as it was their vehicle you expect them to deal with it and return your money.
Warn them that if they don't respond satisfactorily within 7 days you will be taking the action as above.