RAMRAIDERS SMASH THROUGH A WALL AND STEAL 5 CARS FROM EVANS HALSHAW – 03/06/2019
There’s never a dull moment as a writer when it comes to things to write about, and this came to my attention through a Facebook page that I am a moderator for that is a platform for disgruntled customers of Evans Halshaw.
Evans Halshaw was the catalyst for me to write a consumer book after a lifetime of bad and unique experiences that I could not only write about but I did, so others can learn from it and hold unscrupulous firms and individuals to account for their actions.
The background to this story is that a customer whose car was in for repairs found out that it had been used as a battering ram by thieves to facilitate the theft of 5 cars in a showroom. Ironically, the car was ready to be collected days earlier but Evans Halshaw failed to let the customer know.
The thieves used vehicles for ramraiding on the forecourt after being present for 3 hours. No alarms were triggered and Evans Halshaw believes the security measures in place were sufficient to not hold them liable at all.
This customer came to this Facebook forum seeking advice as Evans Halshaw refused to accept liability and said that she needed to claim on her own insurance! Incredible isn’t it?
The closing e-mail from the Regional Director stated;
“We maintain our position, as set out in my email to you, that having taken reasonable care over the vehicle, we have discharged our obligations and duties as a bailee.
It is entirely proper that this matter is now referred to the vehicles insurers. Should they, having considered all the circumstances of the matter disagree with our assessment of our liability, they will no doubt consider the appropriate course of recovery action to take. Needless to say, this would not inconvenience the bailor/policyholder, unlike commencing court action themselves”.
This is just the usual legalese bullshit that I am used to seeing here with this firm to fob customers off and frustrate legitimate claims, speaking from personal experience and from helping many others deal with various issues that arise.
First of all, how can Evans Halshaw state that they have taken reasonable care over the vehicle given that it was ready for collection days earlier and nobody contacted the customer? Given that no alarms were triggered, what security measures (if any) were in place?
Furthermore, they have liability insurance in the unlikely event of an event like this happening, so how can it be the customer’s fault for entrusting their vehicle with the dealership? The vehicle was on their premises, the customer was not driving it, they entrusted it in their care so it is their responsibility and they are liable for repairs / replacement for the damage incurred.
My advice was to simply contact (your) insurance company and let them take the fight to Evans Halshaw as they have more clout and make your problem theirs. Someone else suggested getting a crime reference number from the Police, although given that the incident was covered by the Manchester Evening News here it’s not essential really.
This is where legal cover is essential and I explain why here from personal experience last year when my car was destroyed in Manchester by a third party who was racing another vehicle and lost control. That was also covered by the Manchester Evening News here
I cover various aspects and real-life scenarios involving the Consumer Rights Act 2015, Consumer Credit Act 1974, Misrepresentation Act 1967, pothole claims, speeding tickets, parking tickets, obscured signs and other legislation including the Road Traffic Act complete with templates based on real-life test cases that work in my book now on sale via Amazon as an e-book and paperback priced £2.99 / £7.99.
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