Came close to losing a luton

[chaseracer]

I was not looking for legal advise here.

And no one has offered any.  None of us are lawyers.  BV72 went ex perambulato some time back and Martybabes seems to be keeping a professional distance, quite sensibly IMHO.

 

No; the genuine and heartfelt advice has been that you should consult a lawyer.  Everyone wants you to get justice here, and this is the best way to achieve that.

 

Now the facts...

 

...are not in dispute, and have been known since page 1.

 

See above.  Please.

[plasticvandan]

I would imagine the "damage" to the recovery truck will cost a lot,and therefore the RAC (presumably being landed for the bill) will be wanting to recover their costs from the op.last time I checked the RAC werent short of a few quid,so have all the legal resources they need to do this.shitting on your own doorstep while people give you advice (right or wrong,at least listen) isnt a good thing to do,if you didn't want replies why post in the first place?

[martybabes]

And no one has offered any.  None of us are lawyers.  BV72 went ex perambulato some time back and Martybabes seems to be keeping a professional distance, quite sensibly IMHO.

 

 

Martybabes made his comments some while back on this thread:

http://autoshite.com/topic/18447-need-some-legal-advice/

I have nothing more to add.

[chaseracer]

Martybabes made his comments some while back...

 

 

Good point, well made - and worth repeating...

 

The issues are nowhere near as clear-cut as others herein may have hinted at.  These are just some I have spotted:

Your Service Level Agreement with the RAC (and what you are entitled to expect of them [express and implied]);

Your legal relationship (via the RAC) with C&S (ie who do you sue?);

Your actual loss (to be quantified and justified in your particulars of claim);

Any consequential losses (and the forseeability therof); and

Whether, and to what extent, you owed a duty of care to C&S.

 

Have a look in the yellow (beige?) pages or http://www.lawsociety.org.uk/for-the-public/using-a-solicitor/find-a-solicitor/ to find a civil litigation lawyer.  You may have to pay more than you will recover in costs (provided you win) but you need to balance your losses against the costs of (and the bounty for) winning.

[FredTransit]

Well the van was stolen last night.

[nigel bickle]

Oh, Fred!

 

Rains/ pours interface....

 

Wher was it, in your yard? I've kept out of this as I didn't have anything useful to add, but feel sincere commiserations are well in order here.

 

Whatever the issues, you didn't need that! I hope it was still insured? Is it drive able? Been round the pikey sites?

 

Are plod being any help?

[oman5]

Aw shit, that's bad news on top of everything else. Hope you get it back

[bub2006]

Oh great. Certainly ain't looking good. Stupid as it sounds though could it be something to do with the recovery firm? Sounds far fetched but you never know

[FredTransit]

The van still had no front hub/wheel. It had only one of the two on one side and that was held on with only two wheel nuts. NOT driven away

[Rocket88]

Oh great. Certainly ain't looking good. Stupid as it sounds though could it be something to do with the recovery firm? Sounds far fetched but you never know

 

Ahem..............the cynic in me is saying "how very convenient for them".............................

[Keymaster]

That sounds dodgy as fuck, sorry Fred.

[drum]

Where was it?

[garbaldy]

Maybe the original recovery driver didn't like the way he was being called all over the internet and just wanted to prove to himself that he could load it properly,

Maybe he lost his job over it and seeks revenge.

Either way it is not the easiest of things to hide now is it.

[oldcars]

What a nightmare for you, but as has been said sounds iffy to me.

Hope you get it all sorted out, bet is hassle you could do without.

[bub2006]

Mmmm sounds dodgy. Issues with recovery firm,Luton not being able to be driven is stolen. Needs a flatbed to shift it. Suspicion is high here.

[FredTransit]

As I said, it wasnt driven away. Theres a lot of our life in that van. For one the ashes of the dog that died 18 months ago. Gary took em to work with him

[Danblez]

Where was it? Any CCTV? I imagine the police are actively persuing this as we speak!*

[FredTransit]

Police are looking through cctv

[FredTransit]

Oh and the loss adjuster says C&S claim the van was overloaded. Was that why they loaded it up then?

[FredTransit]

The RAC are refusing to accept liability. I will have to go to court over this.

[trigger]

What was in the back of the van when it got loaded up and do you have photographic proof if it was empty? That would help you a long way.

[Noel Tidybeard]

an inventory and proofs of delivery may help

[FredTransit]

What was in the back came out of a SWB. Dont have pics but the leading fire officer saw in the back of the van and agreed it wasnt overloaded

[Lankytim]

How would they know it was overloaded? Did they take it to a weighbridge?

 

Now it's vanished would this now be an insurance claim for theft? As has been said, this could make things easier for the recovery firm..... very fishy

[dave21478]

Its all for shit now. Your evidence is gone so your case is gone.

 

At best this is a theft claim for your insurance company now and they will attempt to settle with the yards insurance since it was in their care at the time. Since at the time of theft it was provably broken down, dead bearing, torn chassis, snapped axle pins etc etc, and you now have no way to prove it wasnt a complete rotter, its value will be minimal.

 

IF the recovery firm have disappeared it, thats it gone. They may be dim, but they wont be stupid enough to let it turn up somewhere. It will be on its way to China by now.

[FredTransit]

Yeah thanks. I don't think I will see her again, but I don't think I needed you to spell it out like that. My dogs ashes were in the van. Take the piss if you like. Blame me. It cant get any worse. Take that how you like. And fook off. I really am grieving about this. Its the pinnacle of three shit weeks.

[Cheggers]

Really sorry to hear about the ashes, that's a hard one. Vans can be replaced, sentimental stuff can't.

[dave21478]

If you think thats taking the piss, you need thicker skin - it was a statement of facts.

 

I think thats three times now you have told me to fuck off for taking the time to give you advice..... Thats exactly what I am going to do.

 

[Cheggers]

Leave it now Dave. Fred's clearly upset, and all we can possibly do is advise on stuff that should have been done weeks ago. It is clearly a problem, but it ain't ours to solve...

 

PS: When viewed on an iPad on Tapatalk, your Avatar looks like he's just shit a watermelon (there's a green circle to show you're online in just the right place)

[Cavcraft]

I don't honestly think there's much that can be added to this thread now. I, and I expect all of Autoshite, hope you get your van back, Fred, or at least whatever justice you deserve.