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symbiosis

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  1. Apologies for the lack of replies - I've been busy in talks with Auxillis, Principa and Hastings about all of this. I am currently awaiting the outcomes of my official complaints and will let you know what happens SuperVillian, yes the charges are a fraction of the sum you mentioned
  2. Thus far no response from Auxillis, only messages from their law firm telling me to sign their T&Cs - I have emailed them to say I have not given any permission to act on my behalf as yet so am not liable for anything they have done thus far. I spoke with Hastings, there was a disbute of liability from the 3rd party and they refuted that some time ago. At my request, they contacted the 3rd party insurer's who said they are still investigating. Apparently they have only a few weeks left to settle or Hastings will also be starting proceedings against them, however without my involvement. I am seeking legal advice on how to proceed now. To my mine, agreeing to fully cooperate with Auxillis in retrieveing their costs does not extend to me having to take on a solicitor myself. I'm more than happy to provide any information ie cooperate
  3. Thanks, yes that is mostly correct barb the fact that Auxillis tell me they have not had any communication whatsoever from the 3rd party, I denial of liability, nothing. Funnily enough I emailed Auxillis last night for a full breakdown of the costs
  4. On top of this, as I apparently agreed to a "credit agreement" with Auxillis, I can only assume that they are heaping on some ridiculous daily interest rate charge as well. As you asked why I dont want to co-operate with Auxillis solicitors - What bothers me is the other stories I have since discovered whereby a judge has found liability to not be undisputed, Auxillis then saying that the claimant had broken the terms of their credit agreement and ultimately coming after them for full payment (which by then also includes a hefty legal fee). Quite happy to co-operate in supplying evidence etc etc but I will be dammed if I should agree to take on the legal fees!! That is not co-operation, that is blackmail pure and simple
  5. Thanks for the reply and I am also loosing the plot with the whole situation. So I will try and consolidate: I took out a fully comp insurance policy with Hastings Someone drove into the side of me and they accepted liability at the scene I put in my claim with Hastings and they told me that in their opinion it was a not a fault claim They told me I should contact a company called Auxillis to handle my claim on their behalf and that this would be best for me as I would not have to pay an excess or loose my no claims, in fact they told me it would be no different than them handling the case except I would be better off. I received an email from Hastings telling me to contact Auxillis to arrange a courtesy car and repairs to my vehicle This I did and received an email from Auxillis advising that I needed to log into their portal to arrange my replacement vehicle and accept their T&C's for doing so This I did believing I was arranging for the courtesy car My car was deemed a total write off some weeks later and the car collected and I was paid out by Hastings All was quiet until a week ago I received an email from Auxillis telling me that: 1) What I believed to be a courtesy car was in fact a hired car which was chargeable 2) Part of their T&C's was a credit agreement which made me liable for all the costs of the vehicle and there was a clause stated I must assist in recovery in the event of a 3rd party not paying up 3) The 3rd party was not paying 4) I was told that part of the "assist in recovery" meant I had to sign another contract with a law firm of their (Auxillis) choosing agreeing that I was hiring said solicitors and again would be liable for all fees and charges So Auxillis are trying to make me sign a contract with their solicitors to be fully liable for all legal costs while THEY peruse THEIR costs unless they can recover them - Hence my reluctance at an average charge of £150 per hour and they tell me it will take a min of 8 months!!
  6. This is the full agreement they are expecting me to sign (less the page with my details stating I have agreed to all the conditions) - part 1 Part 2 Priciple Law full agreement.pdf
  7. I have finally managed to see the t&c's from this Principa Law outfit that they now want me to fully accept to - like the Auxillis portal there are two options, accept or decline. I'm really not happy about agreeing to a potentially open cheque book of legal fees and would like your opinion on my next move please. Firstly, here is an email from them: Principia Law are acting on your behalf in regards to the credit hire vehicle. The third party have not yet paid for the credit hire given by Auxillis and therefore we have been instructed by Auxillis to recover the outstanding money. As the contract is between yourself and Auxillis, when you signed the credit agreement this made you legally liable for the charges. Along with the contract you will have signed what is known as a credit protection policy which covers you from paying any legal charges or credit hire charges on the condition that you provide us with assistance and co-operation with your claim. This assistance is in the form of checking information is factually correct and signing any documents that we send you once checked. The next step once you have given us your authority to act is that we will issue court proceedings against the party at fault to push them to settle. Although these are court documents this does not necessarily mean it will get to court stage, and this is normally enough for the at fault party's solicitor to send an offer to settle. This is the aim of our assistance to ensure the debt is settled which in turn releases you from further liability. If an acceptable offer is made then it can be accepted and any shortfall will not come back on you, the credit protection policy covers you for both the event of a short fall and legal charges as long as you have helped us with this claim. I hope this helps you understand about why Principia have been instructed by Auxillis and that it is our main aim and in everyones best interests to get this settled as soon as possible.
  8. Sorry for the delay Bank Fodder, I was determined to have a stress free weekend. All I can find looking through the very long policy agreement with Hastings re co-operation in case of a claim is this:
  9. Hi ericsbrother - been trying to find this article in the Daily Mail. Do you have a link I can read it please and the date it was published? Thanks PS - car was returned a long time ago (this all happened November last year) and I asked Auxilis what the costs actually were and it was about 2.3k
  10. This was the Auxillis agreement I posted - still need to find my Hastings cover and will post it asap He was in the car when he made the statement that he didn't see me as was his wife, it was a hospital car park and the staff made us both move out of the way immediately as we were effectively blocking the only way through the site. Unfortunately that meant any witnesses immediately left the scene I made the statement re his comments of admission immediately i contacted my insurers. I'm happy to send you the photos I took at the scene and the routes of the cars etc by PM ?
  11. Sorry about that... I shall change tack on replies I've just downloaded the agreement and it does indeed have a clause relating to co-operation. I will post the full T&C's in a moment below I said he was blind as a bat partly tongue in cheek but he drove straight into the side of me and then said "he just didnt see me" so its possible he is visually impaired So briefly, the accident happened in a car park - a very badly laid out one at that. I followed a one way sign system and came out of this heading for the exit to find another stream of traffic was entering the exit road from the left in what appeared to be a junction (so I was driving across this flow of traffic). I saw a car at some distance away and stopped to check he had seen me OK. The car appeared to slow down but then accelerated straight into my passenger door.
  12. Thanks Bank Fodder - some answers: Somebody ran into you – they were at fault. (Yes as far as I'm concerned - whether they agree who knows) Your car was written off. Yes The value of your car was agreed with you and you have now received compensation for the value of the car. Yes Ancillary to all this, you used a courtesy car which they are now trying to describe as a hire car. Yes They are now trying to claim the cost of the hire vehicle from you unless you cooperate with their solicitors against 1/3 party. Yes At the moment because the value of your car has been reimbursed to you, you are not actually out-of-pocket – but you feel that there is a risk that they may proceed to claim the cost of the hire car from you. Yes They ask you to sign an agreement to cooperate with the solicitor and they are threatening you that if you don't, then they will pursue you for the cost of the hire car. Yes Have you had to pay any excess? No Why do you feel so reluctant agreeing to allow solicitors to handle your case? I'm worried about spiralling legal costs that could potentially come back on me (as they said I'm also liable for those) Have you checked your policy or anything about your insurance contract which refers to this? I've already suggested to you a couple of times that I feel that this is probably not unusual and at the moment I don't see anything unreasonable about it – although I find that the threat that they are making is completely unacceptable. Not yet but the Auxillis agreement I "signed" apparently does The third party driver, what can I say normal chap in his 60's (and clearly blind as a bat) although his wife was in the car whereas I was alone. No known witnesses
  13. Thanks Bank Fodder - I'm certainly trying In answer to your questions: Can you tell us what kind of insurance you got. Is it fully comprehensive? Yes its fully comp Do you have the details of the third party who ran into? I have the drivers details but not their insurers - I can ask Auxillis if it helps? I will go through my policy with a fine tooth comb over the next couple of days and let you know what I find Thanks for your help!
  14. Thanks for the replies and advice all and sorry I haven't been able to respond until now- some further info for you all: Firstly, I had a long 45 min telephone conversation (all recorded of course) with Hastings who then put me onto Auxillis. Hastings initially denied sending the email in which they told me to contact Auxillis to arrange a courtesy car and vehicle repairs and so I forwarded it back to them. They then said that the wording had simply been a "mistake" but that it didn't make any difference to the fact that I had still hired a car on a credit agreement with Auxillis and had signed a binding contract agreeing to this. I find this unbelievable incompetence on their part. They absolutely would shoulder no blame even when I told them that my insurance contract was with them - not their 3rd party agency (which it seems is what Auxillis basically are) I asked him to send me a copy of said signed document containing my signature as I didn't recall signing anything. He then told me that when I logged onto the Auxillis portal to proceed I would have had to had ticked a check box stating I agreed to their T&C's - THIS apparently was my signature..... When speaking to the pre-lit dept lady from Auxillis I stated that the reason I ticked the agreed to our T&C's box was because I had received an email from them stating: Thank you for using Auxillis Limited to arrange a replacement vehicle following your recent incident (Note: no mention of the words hire or credit agreement) and that I was of the totally reasonable opinion that I was agreeing to the T&C's for suply of a courtesy car (since that was what I had been told I was getting from them by Hastings) - to be fair, she totally agreed with me!! They also told me that it had come to litigation due to the 3rd party insurers having made absolutely NO communication regarding the case. It transpires that when I ticked the agreement box I also took out an insurance policy that covers me in the event of Auxillis not being able to recover their costs, part of their costs or even if in court a judgement was made in favour of the 3rd party - DEPENDANT on me agreeing to fully co-operate with their solicitors (called Principia Law) that includes a court appearance if required..... I'm still very unhappy about the whole situation and STILL feel I was totally mislead by Hastings a) in their initial advice to go with Auxillis without telling me anything about the credit agreement and hire car b) with the email telling me it was a courtesy car which has lead to this whole mess..... Would love to hear your opinions about how I have been treated
  15. bankfodder - ta, ive some phone recordings (need to review them) will read the thread and here is the email from Hastings stating it was a courtesy car, in the meantime - do i or do i not agree to sign up to their solicitors? BTW i'm currently being treated for depression and suspected colon cancer which is making me a bit more less lucid than normal - please bear with.. We're here to help with your claim Sorry to hear about the incident involving your car, and thank you for letting us know. The repairer you've chosen will provide you with a courtesy car while they do the work, keep you updated throughout, and guarantee your repairs for five years. Your approved repairer is: Auxillis Hastings told me to go with auxillis as otherwise i might loose my no claims with them, their adviser said it would be the best course of action ps ps - sorry (i did say im on the edge), it was fully comp insurance if that helps ta
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