I know many people here is not legal adviser, But The advice as I could get from this website always was more useful instead any lawyers or citizen advice bureau.

Thank You

My car Insurance payments:

I insured my Second car since February 2016 for

Premium: £1124.00

Sub Total before credit charge: £1124.00

Motor Premium Tax: £106.78

Total cash price: £1230.78

Total charge for credit: £111.28

Total amount payable for policy term: £1,342.06

In less of 20 days a Car accident happened

Tried to get some advice from a legal firm about this case:

I gave my case to a legal firm To advice me what they can do for me.

But the company made a claim without any discussion, permission or confirmation.

The third party gave a cheque for my car value to that unauthorised solicitor,

But I never received the cheque,

Because the firm tried to force me to sign a Client care pack.

amended the contract and increased

I did not provide my No claim bonus discount to them;

ten days after the car accident they have amended the contract and increased my policy payment to 2367.94

I did not accept and send a complaint letter to them,

They cancelled my policy and asked me to make a full payment as well.

However, I paid them in full; They send a default notes to my credit report.

The third party made claims against me to My insurance.

My insurance informed me, they would like to settle the matter in 50/50, without accepting liability, if not, they would accept it in full. ( All communicate or conversation was by the emails and letters.)

County Court Claim Letter

After few months, from the Country Court, I received claims against myself letter under my name, to my address.

I passed the letter to my Insurance by Email, And asked them if I need to respond to this letter!?;

they told me, no, you don't need to do anything and when they settle the matters they will notifying me.

CCJ On Credit Report

Under my membership account with the credit expert and the Equifax,

I informed about CCJ on my report but five days after the judgment date.

My insurance forgot to respond to the court.

They were apologising me.

And told me they would remove the CCJ as soon as possible,

because they did not update me on what's going on,

and I could not trusting them anymore or take any risk,

a day before the end of 28 days,

I paid myself to the third party £3 039.

I need help Because I was in a very hard situation during the last nine months.

There are too many mistakes in my case from the beginning by my claim case worker.

As she gave some comment without looking at the vehicle photo,

and when I told her you could ask for the CCTV's Bus, she said,

The third party representatives looked into this aspect of the claim and were advised that no footage was available.

They did not tell me that I have to transfer my insurance to the other car.

When I called them many times to talk with someone to explain to me, how they calculated the outstanding balance, if I need pay the full payment, need I pay the credit interest as well or APR?

They did not tell me.

They must have full responsibility for my accident and any matters as they promised me when we make a contract.

I know under the credit agreement they should make a cleared about my policy or my credit agreement or any amended section in my contractor me as a customer.

Many hours my time be wasted because

They asked me to paid them in full.

They did not respond to me when I asked them to make a clear the amount as they are asking me to pay,

they wasted my time on the phone line in some hours,

without providing me without any useful information.

I paid them and asked them to remove the default from my credit report;

I asked them by the phone and email,

they did not accept and send a copy of the credit agreement act and told me you have breached our contract.

The default on my credit report have not any good or any bad effect to that company,

but the default have many effects on my daily life,

Thus I don't want to accept any apologising from them,

I Have some Question:

I have got this insurance from 18 of February 2016

the accident happens on 11 of March

they changed the policy on 24 of March

Have I any right to not agree with the new agreement ( Agreement on 24 of March )or monthly payment plan?

How should I receive the default notice when I had an accident, and I was not in any good situation?

Because I paid and settled the country court claim against myself, They Own my money, is any way that they get the country court on their business credit report?

This paragraph was in my insurance letter to me, What're means?

I understand that you have satisfied the judgment of £3,093.53.

You have the benefit of comprehensive insurance, for which you have paid the insurance premium.

So, you should not be out of pocket any further.

The accident was not my fault,

Can I appeal to the court and defended myself?

From the beginning, it is very clear as they don't want act for me.

If they do act for me, what was the point for them?

If I did not pay to them, by the law, have they any responsibility to acting behalf me or no?

if the accident bee 50/50

what was the effect on my future insurance?

which payment could I receive?

and now I am 100% fault

, what is the effect on my future insurance?

which payment could I receive?

Please Note:

I have 11 years old no claim bonus discount as I used on my other car,

I never have any accident before,

and I have protected my no claim bonus for 2016-2017 not before.

I nearly did not respond due to the length of your post ! Just too many issues in one post !

Question - Did you find this legal firm or did your Insurers refer you to them ?

Your Insurance premium and non receipt of no claims discount proof from the previous Insurers

Question Have you obtained the no claims discount proof and sent it to the Insurers, so they can reduce the premium back to the amount you were quoted ? If not, i would suggest you do this.

When you claim on Insurance, you have to pay the full annual premium. If you don't have another car to insure, the Insurers will cancel the policy as there is nothing to insure

Under the terms of your Insurance, if you want the Insurers to cover liability to third parties, then it is your Insurance companies responsibility to decide on which party is at fault in their opinion. If you dispute liability for an accident, it is up to you to supply evidence e.g video evidence, independent witness statements

Questions. Did the third party win the CCJ against you, claiming that you were 100% responsible for the accident ? Have you contacted the court to obtain copies of the court claim and the judgement ? If not, i would suggest that you do so.

Questions. Where are you with the Insurers complaint ? Have the Insurers acknowledged your complaint ? Have the Insurers asked the court to set aside the CCJ ? You need to know exactly what your Insurers are doing

Thank You for your Respond.

Yes, you are right, there are many issues

But

I would appreciate it if you could advising me with one or two matters.

And which matters?

As I can answer your questions with little more details.

You need to find out what your Insurers are going to do.

Do your Insurers intend to dispute liability with the third party, by first of all asking the court to set aside the CCJ on your behalf ?

Reading your posts, it sounds like English is not your first language and this is not helping you.

Yes, English is not my first language, Maybe the main reason for all my matters was my language!?

But it doesn't matter for me; I tried to be better, and I am grateful for that kind of the people tried as well to understand and help me.

However

I decide to sent some communication Emails between me and my insurance as we had during the last weeks.

This is my email to my insurance, when I find CCJ on my Credit Report:

Thank you for your email, received 31/10/16,*

*

Finally, after seven months you decided to assist my claim, *

I wish to remind you that if XXXX had a trained staff to deal with my case, this claim could be settled earlier and have no cost or less cost for me.

*I never got any damages, however, I suffered due to my insurances wrongdoings even though XXX believes " they don't like faffing, so work hard to make your life easier. We believe car insurance should be quick, easy and most of all - reliable."

*

*

I tried many times to resolve the matters, but the customer services and claim department treated me like an individual who was clueless about the law, this has affected my life greatly as this constant back and forth with XXXX regarding this matter left me physically and mentally ill.

*

If XXXX decides to settle this claim, and resolve the matters I've got, please Explain clearly about the two options I have as you had previously informed me in your email.

*

1. the cost of all damages as you believe to the third party ( any kind of damages they asked) and explain with details

*

2. How much you paid until now*

*

3. How much should XXXX( my insurance ) paid

*

4. if XXX pays the money owed, will it be counted as my insurance claim?

if XXXX wants to use my claim in order to settle this matter, how much would it cost me in the future if I want to have insurance ?

*

5. How XXX would remove the CCJ on my report?

*

6. and finally what kind of responsibility XXXX have for me, Under the XXXX terms and condition, not the customers right.

*

Best regard

my insurance letter in replying to my letter

I write in reference to the above matter. Thank you for sparing the time to speak with me this afternoon.

Firstly I would like to address the questions you have raised in your email dated 02/11/2016. I will try to deal with each question in turn:

1. 1. The cost of all damages to the third party?

The claim made by the third party driver, to which the judgment relates, totals £5,120.83, which comprises of vehicle damage, hire charges, an engineer’s fee and the solicitor’s costs. The vast majority of the £5120.83 relates specifically to the vehicle damage.

1. 2. How much paid until now?

To date we have paid a total of £2027.30, which represents 50% of the vehicle damage claim. This payment was made in attempt to settle liability on a 50/50 split liability basis. However, this offer has been rejected.

1. 3. How much XXX should have paid?

Had XXX paid the total amount requested (£5120.83) court proceedings would have been avoided. However, this would have meant we accepted to settle the third party’s claim in full. We attempted to achieve a more favourable liability outcome, which has been unsuccessful.

1. 4. If XXX pays the money owed, will it be counted as my insurance claim? How will it cost me in the future if I want to have insurance?

If XXXX pays the money owed this claim will be considered a fault claim against your policy. The fact a judgment has been entered against you has no further affect to you or your future insurance premium. If it is decided that at least 1% of liability is held against the policyholder the claim is considered a fault claim against the policy.

I cannot confirm how this claim will affect the costs of future insurance policies. The fact a judgment has been entered against you in this case will have no greater affect on your future premiums than this claim would have had if a judgment had been entered.

1. 5. How XXX would remove the CCJ on my report?

If XXX satisfy the judgment within 28 days of the date the judgment was entered the judgment will be removed from your records. XXX insurance would issue the payment to the third party’s solicitors, who would inform the court the judgment has been satisfied. The court will then remove the CCJ from your name.

If the judgment is satisfied without it being set aside you will not be able to continue with your own claim.

Alternatively, XXXX can request our solicitors, XXXXX, make an application to the court to set the judgment aside, which means the judgment will be removed from your name by the court. This will allow you contest the court proceedings against you and to pursue a claim for any losses incurred, which may include personal injury.

1. 6. What kind of responsibility XXXX have for me, under XXXXXt’s terms and conditions?

I refer you to the ‘General Conditions of your cover’, which states: we are entitled to:

* • conduct the defence or settlement of any claim on your behalf

* • take legal action over any claim in your name or the name of any person insured on the policy for our own benefit

* • admit negligence for any accident or claim on your behalf investigate your claim and exchange information with other parties involved with the accident or claim. However, we will treat your information carefully and only reveal it in cases where we believe it is necessary

As discussed, I accept in this case our service to you has fallen short of our high standards and I would like to apologise again for the distress and upset this has caused.

I would recommend satisfy the judgment as soon as possible, which will ensure this claim has no further affect to you or your credit rating. However, before we do so I would like to know whether you intend to pursue a personal injury claim.

In respect of liability, a judge would have to consider, on the balance of probabilities, which party is at fault for the collision. Having considering the evidence, which includes the vehicle damage to each vehicle, the road layout and the diagram you have provided, in my experience I think that we will struggle to defend liability at court. This supports my recommendation to satisfy the judgment at the earliest opportunity.

I hope this answers the concerns you may have and I look forward to speaking with you very soon.

Yours sincerely

Ok, i think i understand the situation.

Do you still want to pursue any claim against the third party driver for this accident ?

It seems that your Insurers are happy that you were 100% at fault for this accident and unless you have evidence to support the third party being responsible, you have no legal claim against the third party.

If you accept that you have no legal claim against the third party, then your Insurers will pay the CCJ amount.

As your Insurers have caused you problems, you should insist that they fully compensate you. If you went to the Financial Ombudsman Service they are very likely to award you a compensation amount related to the mistakes made by the Insurers.

Thank you for Reply

And I do not agree with the Ombudsman. They would take six months to look at my case and ask the business to offer me £50

Could you understand what was the point as my insurance did not defendant me in the court?

and if you could understand what they did wrong about my claim?

They did not give me any document as I asked. Therefore I made re Subject access request to them.

I send some email then I think it is easier for you to could understand, what my insurance thinking about it.

And please advice me if I would like to bring my complaint to the court.

This is a last email as I received from my insurance:

I write in reference to the above matter and our telephone conversation yesterday.

You requested confirmation of your insurance premium and the affect the confirmation of the No Claims Bonus wasn’t received. Having considered your insurance documents I note the original insurance premium, which was based on 10 years No Claims Bonus, was £1,342.06, which was to be paid on an instalment basis, the first of which being £111.93. I note the first instalment of £111.93 was paid in February 2016, as was the second instalment of £111.83 in March 2016.

( Me: accident happened after 21 days (11th march 2016 ) as i got this insurance)

Your insurance premium was recalculated in March 2016 we didn’t receive the confirmation of No Claims Bonus. At this stage your insurance premium was recalculated, so it was confirmed the remaining insurance premium would total £2,139.57. This premium would be split over 10 payments, the first being £214.02 and the following 9 payments being £213.95.

( Me: They changed my insurance from 24th march But I paid £2,367.76 + A default notice on my Equifax credit report)

In respect of the judgment being entered, I accept there was a miscommunication between XXXX Insurance and our solicitors, XXXXXX. As a result the judgment was entered against you. This shouldn’t have happened and I apologise unreservedly for the upset and frustration this has caused. I can assure you this was not our intention.

( Me: On 28th October 2016 I informed my insurance regarding the CCJ on my Credit report, However they did not know )

Judgment was entered on the 25th October 2016 and the court allows 28 days for the judgment to be removed or satisfied. As we have explained previously, had we satisfied the judgment in your name it would have meant that you would not have been permitted to pursue your own claim for uninsured losses, which may have included injury. On the 11th November 2016 XXXXX solicitors requested the judgment be set aside, to remove the judgment from your name.

I understand that you have satisfied the judgment of £3,093.53. You have the benefit of comprehensive insurance, for which you have paid the insurance premium. So, you should not be out of pocket any further. We are more than happy to reimburse you the amount you paid to resolve this matter. Please confirm whether you would like to receive the payment via cheque or a payment directly into your bank account.

I hope this answers your questions. Please let me know if there is anything more information that you require.

I look forward to speaking with you shortly.

Yours sincerely

xxxxx

Claims Department

I sent all communicated between me and my insurance

this is from my insurance : 05/sep/2016

The third party representatives have issued legal proceedings as they hold you at fault for the incident. I have several concerns regarding liability.

We have now received images of the damage to the third party vehicle. The damage is not consistent with the diagram you provided as there are dents and scrapes beginning behind the front offside wheel arch and ending just before the rear offside wheel arch. This suggests that the third party vehicle would have been visible long enough for you to either wait at the junction, or take some sort of evasive action to avoid the accident.

Having reviewed your diagram alongside the damage images and the third party allegations that a lot of his vehicle had already passed the bus when the collision occurred, your diagram does not seem to accurately represent the accident. I understand that it is difficult to draw diagrams accurately, but I am concerned that the position of the vehicles on your diagram is not supported by the engineering evidence. Furthermore, the position of the bus would seem to prevent you from being able to exit the junction.

You have advised that the bus driver signalled for you to exit the junction. The Highway Code states that signals from other drivers should not be relied upon as confirmation that it is safe to exit a junction. The bus was blocking any potential hazards on the road, such as crossing pedestrians or cyclists, preventing you from being fully aware of whether it was safe to pull out of the junction.

There is no independent evidence available in the form of a witness statement or CCTV footage. Although the third party accepts that he was undertaking the bus, the damage to his vehicle clearly shows that he would have been visible long enough for us to have taken some sort of action to avoid the accident.

Taking into consideration the above points, and the fact that the third party is confident enough in their version of events to issue legal proceedings, we will be making an offer to deal with the third party claim on a 50% basis without prejudice to liability. This means that we will deal with 50% of their claim without formally admitting liability. If they reject this proposal we will be dealing with their claim in full without prejudice to liability.

my reply to her email: 07/sep//2016

It seems that you have missed quite a few key points when deciding who is at fault.

Please look at the images from the third party and you will notice damages start from his front right-hand side light, and it continues to the wheel and further down to the back.

Please understand I was passing the junction very slowly in case of oncoming cyclist or pedestrians but his speed was very fast which did not allow him to stop.

He tried to pull away and was unable to do that as it was a one lane road and therefore we crashed in the position that it happened, otherwise he would have crashed into me from the front.

Please note that there is CCTV on the bus and his details were provided. This would set aside any confusion.

At no point did I say the bus driver signaled. I said he was waiting as so was the car on my right-hand side. Both were giving me the way to go across the junction which I had crossed 2/3rd of the way before the incident.

I do not wish to take liability as he should have not undertaken the bus at such speed.

my claim case worker reply to me : 08/sep/2016

I write in reference to the above.

Thank you for your recent correspondence.

I reviewed the file thoroughly before coming to the decision to deal with the third party claim. I understand that the third party was driving recklessly and put you in a difficult position, but our case is not strong enough to defend in court. This is why we have decided to deal with the third party claim without prejudice to liability. This means that instead of letting the case proceed to trial we are settling the claim, but not formally accepting liability. This leaves you and your passengers with the opportunity to continue pursuing any claims you have against the third party.

Please confirm whether your passengers have claimed for personal injury.

We have not been provided with any details for the bus driver or his company. The third party representatives looked into this aspect of the claim and were advised that no footage was available.

I understand that this is a difficult situation to be in. We appreciate your cooperation with our investigations into liability and we will notify when the matter has been settled.

my reply to her email: 13/sep/2016

would like to kindly ask for you to not settle any matters without confirming it with myself first as it may cause problems with my premium and future records.

could you please explain to me that if it is settled without formally accepting liability, would that effect my future insurance premiums?

The bus number is xxx and he said there was a camera that would have recorded it. This should simplify the process and there will be no need for witnesses or proof.

Could you please send me the other parties drawings and account of the accident.

With regards to the personal injury I am not sure as the solicitors (xxxxx) originally took action without my consent in making a claim and I'm having a dispute with them over it. I have requested that they send me the file they hold on me so I could find out what they have claimed for and what has been said exactly but this is proving difficult with them and it may lead to taking legal action against them as they have caused a lot of problems and stress for me.*

My passengers and myself will be making injury claims regardless.*

my claim case worker reply to me: 15/sep/2016

I write in reference to the above.

Thank you for your recent correspondence.

As previously advised, the third party representatives have advised that they made inquiries about the bus footage and were told that none was available. Please confirm the name of the bus company.

This is not a case that we would look to defend in court and we will therefore be settling the third party claim without prejudice to liability on the best possible terms. Your No Claims Bonus will be affected. At your last renewal you had 0 years No claims Bonus, so it will remain at 0.

This incident will have an effect on your future policy premiums. However, by dealing with the claim now rather than incurring litigation costs we are trying to reduce the affect the claim will have on your policy.

We do not have a diagram from the third party. They advised us that the bus was positioned ready to turn right and the third party drove past the left of the bus. As he pulled out from the side of the bus your vehicle collided with his. The third party had right of way as he was proceeding along the main road. If the bus had positioned itself towards the middle of the road in preparation to turn right then the third party was within his rights to move past the left of the bus if he could fit through.

As we are dealing with the third party claim without prejudice to liability, this will not affect your ability to pursue a personal injury claim. However, as liability is disputed any passenger claims within your vehicle will be dealt with from your policy on a without prejudice basis. This could have a further affect on your policy premium as it will increase the cost of the claim.

Please provide us with a contact telephone number and reference for your solicitors in order for us to make enquiries regarding the status of the passenger claims.

Informing about country court claims against myself: 15/sep/2016

Dearxxx!

I am writing to you as I have been unable to reach you on your number and there is no message service.

I have received a xxx County Court letter from xxxx with regards to the accident on the 11th March 2016. Please find attached scans of the letters.

Please, could you advise what I should do?

case worker replied to me : 16/sep/2016

I write in reference to the above.

Thank you for your recent correspondence.

I have sent the litigation documents to our panel solicitors who will be assisting us in dealing with the claim. As previously advised, we will deal with the third party claim before the matter goes to court.

We will notify when you the matter is settled.

Please call me on the above number or email should you have any further concerns.

Yours sincerely

Thank you for your Help

Before you post any more, can you please state clearly what you want to happen ?

You are unhappy about the situation, but your Insurers seem confused by what you want ?

Unfortunately it seems like the accident event in terms of who was at fault has already been decided, because the third party took you to court and you have paid the judgement amount. Your Insurers are not going to reopen any legal claim against the third party.

I don't think you will get very far taking your Insurers to court for breach of contract. Your Insurers have offered to repay you the amount you paid to settle the judgement. You can request that the Insurers compensate you for their mistakes.

i'd mirror this advice,

the OP is far too bogged down in the detail.

They need to address the distress and inconvenience of having to satisfy the CCJ themselves,

the FOS would give an award probably about £300-£500 for this

(and more if there is an adverse affect on the insureds credit report/effect in obtaining credit etc)

Apart from that, the insurers have done their job.

Thank you for your reply,

If I knew the third party asked for just £5000, I preferred to give them an offer and settled the matters, because they did not make any injuries claim. But my insurance did not give me any information or updated me.

I 'm paying £30 per months to Equifax and Experian to check and improve my credit score,

First, they sent late payment, I tried to call them and talk to someone, but the customer's services didn't know about credit report, they don't know what that is, after one hr as I was on the line they told me we would call you back in less of 48 hr. I have all my calls details the time and date and was talk with who.

actually, I preferred to pay 2400 for fully comprehensive insurance to protected myself from any stress or any other costing for me in future.

If you have read the letters between me and my claim case worker, You can discover as she didn't check herself the car damages by the photos, or ant other evidence, she just follows the third party knowledge.

If she did not waste the times, maybe I could win about this accident.

Because the third party did not make any injury claims.

I can not understand what the point of my insurance, which they decided from the beginning to do not act behalf me regarding this accident was.

Every month I am paying £1500 for the Rent of my accommodation

Around June 2016 I sold a property in other countries, and I was ready to buy here

Because they sent a default on my credit report, I could not buy any property, If I could, there is no need to pay the rent, and I could pay my mortgage instead.

While They put me in trouble and did not defend me as well,

Even I could not open a currency account.

I missed my opportunity, How they will compensate me,

Now I have an accident experience in my record, default in my financial report, in the previous report there is a CCJ, missed my opportunity to buy a property,

and when I want to talk with them about my credit report they say, that is another department, and you need to speak to the customer's services,

How much could they composite me?

How much thy want to compensate me?

I would like to gave them an offer, if they didi not accepted, could I claim against them to the court?

Do you know any good solicitor?

But the biggest problem for me is:

I am not sure about how is exactly late payment or default working

I need to find about it, or if I paid them incorrectly or no Because they charge me for the monthly credit interest, full APR, insurance tax, But I think they should reduce that extra cost.

Do you know Who can help me about this matter? ( I Mean any accountant, Financial adviser, ..) To calculate for me about the money as I paid to them for my insurance policy, and if the default is correct ( The time between second late payment and default notice ) on my Credit report.

And I think, the present figure of the settlement information regarding this insurance on my credit report is incorrect as well,

Another long post about your situation.

I would suggest that you send the Insurers a letter before action threatening to issue a court claim against them.

In the letter, you should state your complaint, provide full details of the sum of money you are seeking from them and when you expect to receive payment.

Send the letter to the Chief Executive of the Insurers to their head office address by recorded delivery.

You are fully justified in making a complaint to your Insurers and in requesting compensation, but you must be realistic.

You need to quantify any loss you have suffered due to the poor performance of your Insurance company.

If you took your Insurers to court, a Judge would ask you to explain how you have calculated the compensation you believe the Insurers owe you.

If you have no claims discount proof from a previous Insurers, you should send this to the Insurers and they will refund you the relevant amount. You paid a higher premium, because the Insurers did not receive the no claims discount proof.

Hi, and thank you for your attention

I have no claim bonus, But can use it on two cars?

Hi, and thank you for your attention

I have no claim bonus, But can use it on two cars?

No, you can only use no claims bonus once, if you have only ever had 1 insurance policy at a time.

However, if you have always had 2 insurance policies covering 2 cars, then you can build up 2 no claim bonus entitlements.

Can I ask you, what is the payment for a total loss of my vehicle? Who should pay me and when?

and if for example, my insurance settled the matters in 50/50, who, and who much I could refund

if the value of my car was £5000

insurance £2400

third party £5000

Could I claim for personal injury or no?

What about my passenger?

I think you really need to speak to someone in your first language who knows about Insurance. You are not understanding the situation in English.

50/50 is when fault is decided to be equal and Insurers each settle 50% of the others drivers claim.

You are currently 100% at fault for this accident, as you were taken to court and you paid the judgement. By paying the judgement, rather than applying to have it set aside, you have accepted the judgement. Therefore you cannot claim for personal injury of yourself or other passengers.

If you have comprehensive cover, your Insurers will pay you the market value for your car if written off. Your Insurers will also refund you the judgement you have paid to the third party.