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General => General discussion => Topic started by: tigerj360 on 07 August 2011, 18:11
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So went out on friday night and had a skin full and stayed at a mates as I was driving him somewhere to pick up a part for his bike the next day.
When we got back I fell asleep, he shaved my head then went and took my car to drop someone home while i was sleeping. Wrote the car off in the process :angry: I've had the bora 4 weeks and now its gone. Worst bit is I now have no car untill he can afford to pay me back as i refuse to go through insurance as he has none and i will suffer for it!
I'm so angry and now need to find a cheap car to use untill i get my money back. :cry: any suggestions? should i recieve compensation from the police or am I f****d?
Jon
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thats sounds terrible i cant begin to imagine ow mad u r i wud smash his face in!! u can get sum pretty half decent cars these days 4 cheap
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Why would the police give you compo for your mate writing off your car? :huh:
If you want some money out of him, take him to court and get him convicted for damages.
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Why would the police give you compo for your mate writing off your car? :huh:
If you want some money out of him, take him to court and get him convicted for damages.
It was theft he took it without my permission while i was asleep
No licence. No insurance.
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So went out on friday night and had a skin full and stayed at a mates as I was driving him somewhere to pick up a part for his bike the next day.
When we got back I fell asleep, he shaved my head then went and took my car to drop someone home while i was sleeping. Wrote the car off in the process :angry: I've had the bora 4 weeks and now its gone. Worst bit is I now have no car untill he can afford to pay me back as i refuse to go through insurance as he has none and i will suffer for it!
I'm so angry and now need to find a cheap car to use untill i get my money back. :cry: any suggestions? should i recieve compensation from the police or am I f****d?
Jon
unlucky but tough sh!t for being an idiot. guess you have learnt your lesson :lipsrsealed:
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So went out on friday night and had a skin full and stayed at a mates as I was driving him somewhere to pick up a part for his bike the next day.
When we got back I fell asleep, he shaved my head then went and took my car to drop someone home while i was sleeping. Wrote the car off in the process :angry: I've had the bora 4 weeks and now its gone. Worst bit is I now have no car untill he can afford to pay me back as i refuse to go through insurance as he has none and i will suffer for it!
I'm so angry and now need to find a cheap car to use untill i get my money back. :cry: any suggestions? should i recieve compensation from the police or am I f****d?
Jon
unlucky but tough sh!t for being an idiot. guess you have learnt your lesson :lipsrsealed:
Me being an idiot? Sorry for what?
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letting someone take your car when they dont have insurance. not what i would call bright, then crying when they write your car off. tough luck pal.
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.
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It's simple, someone who would do something like that is not your friend. I'd report him and take him to court. Should get compensation if you win he'll be ordered to pay, and as a bonus he'll lose him licence :wink:
letting someone take your car when they dont have insurance. not what i would call bright, then crying when they write your car off. tough luck pal.
He didn't let him, he took the car without permission. Learn to read.
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It's simple, someone who would do something like that is not your friend. I'd report him and take him to court. Should get compensation if you win he'll be ordered to pay, and as a bonus he'll lose him licence :wink:
letting someone take your car when they dont have insurance. not what i would call bright, then crying when they write your car off. tough luck pal.
He didn't let him, he took the car without permission. Learn to read.
Thanks for clearing that up Bob ha
Its tough because we have been friends for so long, so im making him pay me back hopefully!
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It's simple, someone who would do something like that is not your friend. I'd report him and take him to court. Should get compensation if you win he'll be ordered to pay, and as a bonus he'll lose him licence :wink:
letting someone take your car when they dont have insurance. not what i would call bright, then crying when they write your car off. tough luck pal.
He didn't let him, he took the car without permission. Learn to read.
smells like bull to me, why would a "friend" take your car when you are asleep knowing they are not insured. i'd put money on you letting him drive it uninsured before and therefore they thought you wouldnt mind?
am i close??
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Your car was stolen, you did not give permission for him to use your car, so you can go through your insurance.
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sounds like you wil b waiting a while for payments thou unless he has a nice little savings account? maybe make him get out a loan or credit card and pay you out in full straight away i no i wudnt wont 2 b waiting around
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Why would the police give you compo for your mate writing off your car? :huh:
If you want some money out of him, take him to court and get him convicted for damages.
It was theft he took it without my permission while i was asleep
No licence. No insurance.
Again, why would the police give you compensation for that? Why are they at fault and owe you anything? Like I said, if you want compo take your "mate" to court, get him convicted and get him to pay damages.
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I'm not sure what I'd be most angry with, the shaving of ones head or the written off car! :shocked:
Jokes aside that is awful, hope everything gets sorted out ASAP.
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Must be a bit of a knob, to do that to a mates, whether you knew or not, police wont pay out, your insurance would, but there goes your no claims, I would get him to take a loan out and get the money now personally, failing that if your willing to be paitent then I'd prob look at a mk3 or polo something like that, my 16v mk3 was sweet for me had it just over the year and never broke down on me. They can be had for dirt cheap aswell
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insurance wont pay out full stop. taking him to court sounds like your option.
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It's a tough situation being mates but i agree with a few of the above, a real friend wouldn't do that to you no matter how pi**ed they are.
Police and court is probably the only way your going to see any payback and he'd probably do the same to you.
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Send him to court, he is no mate to do a thing like that!
how is he? guilty or laughing about it? He needs a slap :angry: thats theft
He will never pay you back if he doesnt cough up in the next week :rolleyes:
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Wow, Does not sound like a 'Friend'.....
Just make sure that if you take him to court it wonk screw what is left of your friendship, or has that already gone...?
What did he hit to write it off?
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insurance wont pay out full stop. taking him to court sounds like your option.
If it was stolen, they will.
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Were the Police involved?
Thom
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Were the Police involved?
Thom
He needs to report it asap doesn't he really if he wants the insurance involved. Sounds like a tricky situation to be in.
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personally just cause of the fact youde loose ncb, if i was in your shoes ide say he has 1 week to get the money weather he needs to get a loan or put it on a credit card or what ever, if after the 1 week take him to court, after all hes at fault, and also its made your life harder as im sure now your going to have to use public transport to get to and from work/college/uni or to get to anywere you need to go, if it was me ide be making him pay for a buss pass for me to get to work cause to use public transport i need 2 buss passes which are about 20 quid each and it takes about a hour and a half on the buss. also you have the faff on finding a new car ect. got the admin charges for canceling your insurance policie/changing it to the new car etc etc etc.
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insurance wont pay out full stop. taking him to court sounds like your option.
If it was stolen, they will.
it wasnt stolen, he used the keys!
just like if someone breaks into your house and steals your car keys and takes your car its not covered.
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insurance wont pay out full stop. taking him to court sounds like your option.
If it was stolen, they will.
it wasnt stolen, he used the keys!
just like if someone breaks into your house and steals your car keys and takes your car its not covered.
So someone taking your car without permission isn't stealing. That's a new one on me.
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Were the Police involved?
Thom
He needs to report it asap doesn't he really if he wants the insurance involved. Sounds like a tricky situation to be in.
If the Police know about this, then they will go after the driver for TWOC, if the owner sticks up for his mate, then he'll get done for aiding and abetting an uninsured driver... no win situation!
This thread wants deleting :rolleyes:
Thom
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....then he'll get done for aiding and abetting an uninsured driver... no win situation!
Will it be as straight forward as that? He never gave him permission to take the car, so it wasn't down to him that an uninsured driver was on the road.
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....then he'll get done for aiding and abetting an uninsured driver... no win situation!
Will it be as straight forward as that? He never gave him permission to take the car, so it wasn't down to him that an uninsured driver was on the road.
Im which case, it was taken without consent, driver gets prosecuted... If the owner tries to make an insurance claim, they will smell a rat immediately.
Thom
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Were the Police involved?
Thom
He needs to report it asap doesn't he really if he wants the insurance involved. Sounds like a tricky situation to be in.
If the Police know about this, then they will go after the driver for TWOC, if the owner sticks up for his mate, then he'll get done for aiding and abetting an uninsured driver... no win situation!
This thread wants deleting :rolleyes:
Thom
I agree, this is a legal minefield.
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insurance wont pay out full stop. taking him to court sounds like your option.
If it was stolen, they will.
it wasnt stolen, he used the keys!
just like if someone breaks into your house and steals your car keys and takes your car its not covered.
So someone taking your car without permission isn't stealing. That's a new one on me.
you learn something new everyday bud :wink:
i work in insurance, trust me, they will not pay out.
check your policy, it is your duty to take precautions that your keys cannot be stolen and used to take your vehicle.
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insurance wont pay out full stop. taking him to court sounds like your option.
If it was stolen, they will.
it wasnt stolen, he used the keys!
just like if someone breaks into your house and steals your car keys and takes your car its not covered.
So someone taking your car without permission isn't stealing. That's a new one on me.
you learn something new everyday bud :wink:
i work in insurance, trust me, they will not pay out.
check your policy, it is your duty to take precautions that your keys cannot be stolen and used to take your vehicle.
Mine states that it is my responsibility to take reasonable precautions to make the keys safe, I would assume that would mean don't leave the keys in the car or anywhere obvious near the car. To me if the keys are on my person or close by in a house whilst I am in then I would argue that they are safe.
Either way the op should go to the police, his mate will be charged with TWOC and he can take him to court to claim for damages. He doesn't sound like someone I'd want to have as a mate tbh :undecided:
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Shop him mate!
Because as said you could end up in trouble without blame really!
Because by law you are responsible for your car, unfair in your case bud but don't take the rap by protecting him, he was stupid enough, now he needs to grown pair and stand up!
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Look the police caught him in the act he has been charged and statements were taken. He has pleaded guilty to all charges this was in no way my fault to all the people calling me a liar.
I just wanted some advise on where I stand and what I can do about all this.
I'm not going through insurance as I can't afford to make a claim and loose my NCB
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Someone taking you car without your permission to take someone home isnt theft/stealing. FACT. As they intended to give it back. Therefor by definition isnt theft.
It is however "taking without owners consent" which is also an offence otherwise known as TWOC. Thom has said this.
Its not a "legal minefield".
Your friend has TWOC'd your car and crashed it.
Call the police.
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I couldn't stay mates with someone who had TWOC'd my car and written it off.
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I'm not going through insurance as I can't afford to make a claim and loose my NCB
So your insurance premium costs more than the car?
You can afford to lose a car but not a small increase in premium?
:undecided:
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Someone taking you car without your permission to take someone home isnt theft/stealing. FACT. As they intended to give it back. Therefor by definition isnt theft.
It is however "taking without owners consent" which is also an offence otherwise known as TWOC. Thom has said this.
Sorry, I don't see the difference between the definitions of 'taking a car without permission' and 'taking a car without owners consent'.
The acts both look the same to me. But I'm not an expert.
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My insurance is silly as I'm 20 and have a claim already hence it being a higher value than the car.
In regards to scraping the car how much should i be getting? and is it worth taking the cat off and stripping for metals?
Jon
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What damage is done to.the car? Split the car to get some more cash?
Scrap you wold proberbly only get a few hundred
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What damage is done to.the car? Split the car to get some more cash?
Scrap you wold proberbly only get a few hundred
The whole front end in ruined, sump, body, engine mounts, front suspension, airbags were deployed.
Not much to break really except the alloys which are just standard. I had so many plans for the car thank god i hadn't done anything to it before it got broken! :cry:
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What are you still doing on here, why aren't you at the police station?
I really hope you have reported him for taking your car. If you haven't I can promise you that you will be out of pocket eventually.
He isn't a "Friend".
Nick
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What are you still doing on here, why aren't you at the police station?
I really hope you have reported him for taking your car. If you haven't I can promise you that you will be out of pocket eventually.
He isn't a "Friend".
Nick
He has already been charged mate and statements given, he's going to court in the next week!
I'm already out of pocket with the police involved :angry:
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Someone taking you car without your permission to take someone home isnt theft/stealing. FACT. As they intended to give it back. Therefor by definition isnt theft.
It is however "taking without owners consent" which is also an offence otherwise known as TWOC. Thom has said this.
Sorry, I don't see the difference between the definitions of 'taking a car without permission' and 'taking a car without owners consent'.
The acts both look the same to me. But I'm not an expert.
You have quoted me incorrectly. I was pointing to how this wasnt a theft of this vehicle but the offence of TWOC.
Unfortunately its a common misconception.
The definition of theft is dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. As he only used the car to take a mate home, but unfortunately crashed it, he hasn't stolen (committed theft of motor vehicle) as he never intended to permanently deprive the other (being the owner) of it (being the car) as had he of not crashed it his intentions (from what we know) was to return the car whilst his mate was sleeping.
He has however dishonestly taken the vehicle (as he didnt ask permission of the owner, who would should of said no if asked as he had no insurance), and so taking it without the owners consent. Which is the offence of TWOC. They are basically the same offence although to commit theft you MUST intend to permanently deprive the other of the item you are thieving where as TWOC is just taking it without asking intending to return it.
I appreciate it is a bit strange but that is the law. No two ways about it im afraid.
The reality is the sentence etc would be one of the same anyway, give or take a bit.
Section 1 of the theft act covers the theft http://www.legislation.gov.uk/ukpga/1968/60/section/1
Section 12 of the theft act covers TWOC http://www.legislation.gov.uk/ukpga/1968/60/section/12
Hope that clears things up in this thread :)
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What are you still doing on here, why aren't you at the police station?
I really hope you have reported him for taking your car. If you haven't I can promise you that you will be out of pocket eventually.
He isn't a "Friend".
Nick
He has already been charged mate and statements given, he's going to court in the next week!
I'm already out of pocket with the police involved :angry:
:afro: Good news. You should get back any costs you have incurred too, you just need to forward them the courts. Anything genuine (loss of earnings etc) should be taken into account.
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What are you still doing on here, why aren't you at the police station?
I really hope you have reported him for taking your car. If you haven't I can promise you that you will be out of pocket eventually.
He isn't a "Friend".
Nick
I think the police might be a bit busy what with other things going on
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Worth checking your insurance policy just in case your mate won't pay up. :nerd:
From: http://www.thisismoney.co.uk/money/experts/article-1692502/Is-this-car-insurance-clause-fair.html
My son age 16 took my car without permission and crashed into a wall.
The car is now a write-off but the insurance company say they will not pay out unless my son is charged with theft of the vehicle. Are they allowed to do this?
R.H., Havant, Hampshire
Simon Moon from This is Money replies: You were working away from home when your son decided to go for a joyride in your S-reg Fiat Bravo and hit a wall.
Given the car's age, the cost of repair was greater than the value of the vehicle which was deemed a write-off by your insurers, Broker Direct.
You say there is a clause in your policy that states if there is loss or damage caused by unauthorised use of the vehicle by a family member or someone known to you, that person must be charged before the insurance company will accept liability.
Your son was subsequently charged by the police with aggravated taking without the owner's consent, driving without a licence and insurance.
However, when you next spoke to Broker Direct you were told they would pay up only if your son was charged with theft.
Joyriders are not charged with theft because it is not their intention to permanently deprive the owner of the vehicle. This is why we have the separate offence of 'taking without the owner's consent' which gives us the slang term 'twocking'.
I spoke to Broker Direct who defended their stance by claiming the punishment likely to be imposed by a court was not sufficient to deter families from turning a blind eye to this kind of behaviour. I should add there is no suggestion you were guilty of any kind of collusion.
Broker Direct refuse to budge and you have now decided to take your case to the Financial Ombudsman Service who will check to see if the terms and conditions of your insurance policy are fair and reasonable.
My guess is that they are likely to find in your favour, but it will be some weeks or even months before you get a verdict.
I look forward to hearing how you get on.
Read more: http://www.thisismoney.co.uk/money/experts/article-1692502/Is-this-car-insurance-clause-fair.html#ixzz1UTVnboWC
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Worth checking your insurance policy just in case your mate won't pay up. :nerd:
From: http://www.thisismoney.co.uk/money/experts/article-1692502/Is-this-car-insurance-clause-fair.html
My son age 16 took my car without permission and crashed into a wall.
The car is now a write-off but the insurance company say they will not pay out unless my son is charged with theft of the vehicle. Are they allowed to do this?
R.H., Havant, Hampshire
Simon Moon from This is Money replies: You were working away from home when your son decided to go for a joyride in your S-reg Fiat Bravo and hit a wall.
Given the car's age, the cost of repair was greater than the value of the vehicle which was deemed a write-off by your insurers, Broker Direct.
You say there is a clause in your policy that states if there is loss or damage caused by unauthorised use of the vehicle by a family member or someone known to you, that person must be charged before the insurance company will accept liability.
Your son was subsequently charged by the police with aggravated taking without the owner's consent, driving without a licence and insurance.
However, when you next spoke to Broker Direct you were told they would pay up only if your son was charged with theft.
Joyriders are not charged with theft because it is not their intention to permanently deprive the owner of the vehicle. This is why we have the separate offence of 'taking without the owner's consent' which gives us the slang term 'twocking'.
I spoke to Broker Direct who defended their stance by claiming the punishment likely to be imposed by a court was not sufficient to deter families from turning a blind eye to this kind of behaviour. I should add there is no suggestion you were guilty of any kind of collusion.
Broker Direct refuse to budge and you have now decided to take your case to the Financial Ombudsman Service who will check to see if the terms and conditions of your insurance policy are fair and reasonable.
My guess is that they are likely to find in your favour, but it will be some weeks or even months before you get a verdict.
I look forward to hearing how you get on.
Read more: http://www.thisismoney.co.uk/money/experts/article-1692502/Is-this-car-insurance-clause-fair.html#ixzz1UTVnboWC
Cheers Elvi :smiley: