Go Back   The 75 and ZT Owners Club Forums > Social Forums > Social Forum
Register FAQ Image Gallery Members List Calendar Mark Forums Read
Notices

Reply
 
Thread Tools Display Modes
Old 10th May 2021, 20:28   #1
RPWC
This is my second home
 
RPWC's Avatar
 
75 model car

Join Date: Apr 2011
Location: Newcastle upon Tyne
Posts: 20,169
Thanks: 4,008
Thanked 5,083 Times in 3,114 Posts
Default County court claim

I had a bump in the van in March that was my fault,insurers paid out for other party's repairs; since then I received a letter from the motor legal team of the other party's insurer's legal team ,saying they hadnt had the claim for subrogated hire settled. I passed it to insurer and contacted the legal team saying it was in the hands of my insurers but they apparently are disputing the cost and have passed it to their solicitor. If the case goes to court and the insurer still refuses to pay will a ccj be issued to me for the outstanding balance?
__________________
Cheers. Rich…

Last edited by RPWC; 10th May 2021 at 21:18.. Reason: Typos
RPWC is offline   Reply With Quote
Old 10th May 2021, 21:48   #2
AndyN01
This is my second home
 
AndyN01's Avatar
 
Toyota RAV4

Join Date: Jun 2017
Location: Tamworth
Posts: 3,054
Thanks: 2,478
Thanked 1,579 Times in 968 Posts
Default

Hi Rich.

Dear heavens above, you really do have the excrement Gods dumping on you at the moment.

I think this is going to depend upon the actual contracts.

As far as you are concerned you have a contract with your insurance company to cover all the claimants costs if you're involved in a collision.

So, I don't think that your insurance company can "refuse" to pay out. They might challenge the amounts if they are excessive but they are still responsible. For instance the claimant can't hire a Merc E class if they run around in a Polo. From what you described above this sounds like what they're contesting.

The bit I'm not sure about is when it's a business insurance so that may well change things.

Ask your insurance company for exact clarification of the issue with paying the care hire. What costs are they challenging - are they looking at £500 or £5000?

It might, of course, just be part of the "game" between insurance companies to get this claim pushed to the top of the pile to be settled more quickly.

Good luck in getting it sorted.
__________________
Andy.

http://www.midlandsnanomeets.co.uk/

Last edited by AndyN01; 10th May 2021 at 22:01..
AndyN01 is offline   Reply With Quote
Old 10th May 2021, 21:53   #3
RPWC
This is my second home
 
RPWC's Avatar
 
75 model car

Join Date: Apr 2011
Location: Newcastle upon Tyne
Posts: 20,169
Thanks: 4,008
Thanked 5,083 Times in 3,114 Posts
Default

My sister is a solicitor and her partner works in insurance and says the legal team should not be contacting me at all it’s an insurance matter. He said I can report them to the ombudsman for harassment
__________________
Cheers. Rich…
RPWC is offline   Reply With Quote
Old 11th May 2021, 07:50   #4
Darcydog
This is my second home
 
Join Date: Jul 2014
Posts: 5,428
Thanks: 3,123
Thanked 3,170 Times in 2,096 Posts
Default

Totally agree with Andy’s assessment Rich.

And your sister and her partner are equally correct - apart from one point and that is that the Financial Ombudsman who would oversee such activity from an insurance company, cannot act until you have gone through the complaints process with the insurer.

And this is where I think the insurer “gets away with it” in that technically, a legal firm is not regulated by the FCA and so does not come under the Financial Ombudsman’s jurisdiction.

So if an insurance company wants to try to “wriggle” out of its responsibility it can get its legal team to chuck a spanner in the works and send out intimidating letters direct to the other party and the insurance company hides behind the fact that it’s a legal firm doing this not them.

So even dealing with the legal firm is a waste of time and effort IMO.

I would suggest two Subject Access Requests be submitted, one to the legal firm asking why it has contacted you on this matter, who retained them to contact you and the “logic process for this decision, be it manual or automatic”. You should ask for full copies of all relevant correspondence “however stored” (ie- computer files, telephone recordings and paper files) You should state that under GDPR they have 30 days to respond

The second SAR should be sent to the third parties insurer asking similar to the above but asking why they have retained a legal firm to contact you direct in contravention of the rules as set out under the FCA.

SAR’s never fail to stop this sort of nonsense and get these firms to sit up and take notice of the rules.

When they back of - as they invariably do, you can then forward the files to the Financial Ombudsman with a note saying that whilst you have dealt with this (assuming all works in your favour) you are unhappy with how they wrongly treated you under the rules. This puts such appalling actions up onto the Financial Ombudsman's “radar”.

We are extremely fortunate in this country to have Subject Access Requests available to us as well as the Financial Ombudsman’s service.

Actions such as you are currently experiencing should not go unchallenged.
Darcydog is offline   Reply With Quote
Old 11th May 2021, 07:59   #5
AndyN01
This is my second home
 
AndyN01's Avatar
 
Toyota RAV4

Join Date: Jun 2017
Location: Tamworth
Posts: 3,054
Thanks: 2,478
Thanked 1,579 Times in 968 Posts
Default

Quote:
Originally Posted by Darcydog View Post
Totally agree with Andy’s assessment Rich......

I would suggest two Subject Access Requests be submitted, one to the legal firm asking why it has contacted you on this matter, who retained them to contact you and the “logic process for this decision, be it manual or automatic”. You should ask for full copies of all relevant correspondence “however stored” (ie- computer files, telephone recordings and paper files) You should state that under GDPR they have 30 days to respond

The second SAR should be sent to the third parties insurer asking similar to the above but asking why they have retained a legal firm to contact you direct in contravention of the rules as set out under the FCA.

SAR’s never fail to stop this sort of nonsense and get these firms to sit up and take notice of the rules.

When they back of - as they invariably do, you can then forward the files to the Financial Ombudsman with a note saying that whilst you have dealt with this (assuming all works in your favour) you are unhappy with how they wrongly treated you under the rules. This puts such appalling actions up onto the Financial Ombudsman's “radar”.

We are extremely fortunate in this country to have Subject Access Requests available to us as well as the Financial Ombudsman’s service.

Actions such as you are currently experiencing should not go unchallenged.
Brilliant advice. I didn't even think of it but, given the "Rabbit in the headlights" followed by "Drop everything and get this done" action when a SAR landed at work I should have.

Good Luck with it Rich.
__________________
Andy.

http://www.midlandsnanomeets.co.uk/
AndyN01 is offline   Reply With Quote
Old 11th May 2021, 08:46   #6
Darcydog
This is my second home
 
Join Date: Jul 2014
Posts: 5,428
Thanks: 3,123
Thanked 3,170 Times in 2,096 Posts
Default

Quote:
Originally Posted by AndyN01 View Post
Brilliant advice. I didn't even think of it but, given the "Rabbit in the headlights" followed by "Drop everything and get this done" action when a SAR landed at work I should have.

Good Luck with it Rich.
Thanks Andy - much appreciated.

I have had nothing but success when forced to use SAR’s both personally and professionally

My most recent was with Vodafone - on retirement I changed my mobile contract from a multi phone commercial plan to a simpler personal one with Utility Warehouse (EE is the provider) - with no contact from Vodafone whatsoever I then get a letter from Themis Debt Recovery saying I owe Vodafone about £15.

SAR revealed that a mobile number I had cancelled in 2016 was still being charged for and as I cancelled the DDM they could not collect the £6.80 a month I had been wrongly charged for years.

It took a bit of effort but Vodafone was forced in the end to PAY ME! - £468.00

Another was an elderly widowed lady client who had a boiler repair refused by Homeserve, the insurance company. When we investigated we found that this elderly lady had been sold eight (8) separate Homeserve policies over the last eleven years all providing much the same cover but Homeserve refused to pay for a boiler repair as the boiler was over 10 years old despite every plan they missold stating that the boiler was covered.

Initially Homeserve offered to refund the premiums on just one policy “as a good will gesture”.

By the time we had finished with them they had been cited on the Financial Ombudsman’s website for misselling in a damning report and our client received ALL PREMIUMS plus 8% interest which amounted to nearly £2000. The boiler repair was the sensor on the hot water tank gone U/S and was replaced for about £40.

A legal one was a Solicitor who “tidied up” a clients affairs by placing all insurance policies into a Trust. Normally a sensible thing to do. But in this case the Solicitor failed to look at what the policies covered. One covered Critical Illness and the sum assured was £250k.

Sadly the chap developed Prostate Cancer and a claim was made on the policy which was successful. However the fact that the policy was now in Trust ment that the £250k was paid into the Trust and was not available to the individual.

At that point all hell let lose. Despite the legal firm saying this was done at the request of the client, the SAR clearly showed that the firm had never even considered what type of policy it was - so how could they advise the client?

The legal firms indemnity insurance had to pay out the £250k to the client.

I genuinely doubt that any of the above would have been resolved if a SAR had not been used.
Darcydog is offline   Reply With Quote
Old 11th May 2021, 09:44   #7
RPWC
This is my second home
 
RPWC's Avatar
 
75 model car

Join Date: Apr 2011
Location: Newcastle upon Tyne
Posts: 20,169
Thanks: 4,008
Thanked 5,083 Times in 3,114 Posts
Default

Thanks Clive for the advice but given the amount of stuff I am dealing with atm regarding having my mum transferred into residential care, I have enoug stress to cope with already
Having spoken to my insurer yesterday, they told me that they are dealing with it and that the legal firm should not be contacting me at all. They said any future correspondence should be directly with them. My b i l works for an organisation that insure insurance companies, he says this is just a ploy to obtain a swifter payment. It happens but is not supposed to.
__________________
Cheers. Rich…

Last edited by RPWC; 16th May 2021 at 14:17..
RPWC is offline   Reply With Quote
Old 11th May 2021, 11:24   #8
RPWC
This is my second home
 
RPWC's Avatar
 
75 model car

Join Date: Apr 2011
Location: Newcastle upon Tyne
Posts: 20,169
Thanks: 4,008
Thanked 5,083 Times in 3,114 Posts
Default

My sister's partner has read the letter and assures me it is an insurance company issue that needs resolving between the two companies and nothing to do with me, he says the wording used is meant to put the frighteners on and trick me into paying up quickly .
__________________
Cheers. Rich…

Last edited by RPWC; 16th May 2021 at 14:14..
RPWC is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT. The time now is 13:55.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
Copyright © 2006-2023, The Rover 75 & MG ZT Owners Club Ltd