Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    nikonman Novitiate

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    Default Need Advice ASAP CAR THEFT

    OK I am new here so I am sorry if this is old ground but I couldnt find anything else to help.
    In October 2006 my car was stolen by the theives breaking in and stealing the keys.The car was 5 months old with 2500 miles.
    It took ages before the car was said to be a right off. I actually bought the car for a very good price i.e £10600 (3 days later the other cars on offer MGTF went up by £ 3000) and the insurance company are offering me 10225 as a settlement.
    I have looked at all the available garages online and locally to see the value of replacements and they tend to be at least 500- 2000 pounds more to replace like for like .
    My insurance or should i say the claims company have written to me saying the offer is based on the fact that I paid 10600 for the car ,yet my policy says market value and I am not sure the offer reflects this .
    Should I accept or refuse
    Oh by the way the second offer they made me was £5 less than the first .???
    I hope you can offer some advise as this has dragged on for nearly six months now.


  2. #2
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    xrchris Novitiate

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    Default Re: Need Advice ASAP CAR THEFT

    Did you buy this vehicle brand new and which insurer was it covered ny?

    Cahoot - Rejection of offer sent 14/06/07

    Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

  3. #3
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    Default Re: Need Advice ASAP CAR THEFT

    You need to inform them that, although you got a good offer for the car, that offer is no longer available. The Insurance have to put you in a position you were in immediately before you suffered the loss. To do this would cost you £****, and provide them with the higher end of your estimates.

    They might come back with another offer that souhld be between their original offer and your offer.

    Good Luck

    Abbey - owed £3260 - Paid up.

    Barclays owed £2500 - Paid up.

    Halifax, Mint & Egg - next on the hit list

    Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

  4. #4
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    Default Re: Need Advice ASAP CAR THEFT

    Never accept the first Offer!
    They want to get away with paying you as little as they can.
    As Craig says, find some costs to buy an equivalent car, mileage, spec etc and forward that cost to them


  5. #5
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    nikonman Novitiate

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    Default Re: Need Advice ASAP CAR THEFT

    Cheers guys
    Thats what I thought.
    So offering a £**** based on what I paid for the car is not right??
    I am going to send them a letter with my car price print outs .
    Do I mention that these prices are April 07 and out of date seeing my car was stolen in October 06 and therefore probably worth even more then.
    ECar is the insurer though I have only really dealt with The Claims Service. Oh and actually I had the second offer £5 lower than the first offer ......maybe a first....
    Thx


  6. #6
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    Default Re: Need Advice ASAP CAR THEFT

    You cannot claim for a brand new car, you can claim for the same age, mileage etc.
    Ie you paid £10k for 6 months ago, in garages they are now selling 6 month old cars with your spec for £9k, I would guess that you can only claim a replacement value ie £9K.

    If you could get a brand new car when it got stolen, it would be great, my car would be stolen every few years...JOKE


  7. #7
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    Default Re: Need Advice ASAP CAR THEFT

    Quote Originally Posted by nikonman View Post
    OK I am new here so I am sorry if this is old ground but I couldnt find anything else to help.
    In October 2006 my car was stolen by the theives breaking in and stealing the keys.The car was 5 months old with 2500 miles.
    It took ages before the car was said to be a right off. I actually bought the car for a very good price i.e £10600 (3 days later the other cars on offer MGTF went up by £ 3000) and the insurance company are offering me 10225 as a settlement.
    I have looked at all the available garages online and locally to see the value of replacements and they tend to be at least 500- 2000 pounds more to replace like for like .
    My insurance or should i say the claims company have written to me saying the offer is based on the fact that I paid 10600 for the car ,yet my policy says market value and I am not sure the offer reflects this .
    Should I accept or refuse
    Oh by the way the second offer they made me was £5 less than the first .???
    I hope you can offer some advise as this has dragged on for nearly six months now.
    Get a copy of the dearer gagrage ads and send it to the insurers along witha request for the increased offer.


  8. #8
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    Default Re: Need Advice ASAP CAR THEFT

    Quote Originally Posted by PKea View Post
    You cannot claim for a brand new car, you can claim for the same age, mileage etc.
    That is incorrect.

    Many insurers will provide a new replacement vehicle if your vehicle is written off and is less than 12 months old.

    I have had a quick look at the ECar policy booklet (online) but cannot see that they give this cover.

    Cahoot - Rejection of offer sent 14/06/07

    Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

  9. #9
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    Default Re: Need Advice ASAP CAR THEFT

    Quote Originally Posted by xrchris View Post
    That is incorrect.

    Many insurers will provide a new replacement vehicle if your vehicle is written off and is less than 12 months old.

    He stated that it his policy covers him for Market value of the car and not new for old

    I have had a quick look at the ECar policy booklet (online) but cannot see that they give this cover.
    In hisr first post


  10. #10
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    Default Re: Need Advice ASAP CAR THEFT

    Sorry i misread your post and didnt notice that quote in his post either.

    Quote Originally Posted by nikonman
    My insurance or should i say the claims company have written to me saying the offer is based on the fact that I paid 10600 for the car ,yet my policy says market value and I am not sure the offer reflects this
    The ECar policy states the following -
    The most We will pay is the Market Value of Your Car, Accessories and spare parts at the time of the loss or damage. We will not pay more
    than the amount for which You insured them.


    Cahoot - Rejection of offer sent 14/06/07

    Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

  11. #11
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    Default Re: Need Advice ASAP CAR THEFT

    xrchris,

    Insurers will normally replace the vehicle within 12 months of purchase provide bought new. Not too clear from the post whether the vehicle was bought new or second hand. Not too sure either if an ex demo would be classed as "new" for the purpose of this.

    Also with the number of "budget" insurers on the go these days, I would suspect that this is one of the benefits of "Fully Comprehensive" insurance that is not included.

    This bit directed to the insurance bods ;-

    With respect to the insurer's offer, if a vehicle of the same spec cannot be sourced for the amount paid originally, would it not go against the principle of indemnity that the person should be no better off financially that before the incident occurred i.e. albeit a bargain was found hence the purchase but paying more than the purchase price would technically put him financially better off.

    Sorry, sounding like an ACII exam paper !!!


  12. #12
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    xrchris Novitiate

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    Default Re: Need Advice ASAP CAR THEFT

    Quote Originally Posted by Trojan1401 View Post
    xrchris,

    Insurers will normally replace the vehicle within 12 months of purchase provide bought new. Not too clear from the post whether the vehicle was bought new or second hand. Not too sure either if an ex demo would be classed as "new" for the purpose of this.
    I know exactly what 'Replacement as New' is for vehicles under 12 months old which is why i asked the OP if he bought it as new in my original post, to try and clarify matters.

    Cahoot - Rejection of offer sent 14/06/07

    Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

  13. #13
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    Default Re: Need Advice ASAP CAR THEFT

    Thought you would - just clarifying the point for nikonman.


  14. #14
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    Default Re: Need Advice ASAP CAR THEFT

    Update


  15. #15
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    nikonman Novitiate

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    Default Re: Need Advice ASAP CAR THEFT

    they have sent me a cheque stating final completion and I have not even agreed a settlement figure yet .......work that one out


  16. #16
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    jampot Novitiate

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    Default Re: Need Advice ASAP CAR THEFT

    Easy to work out - they're hoping you'll bank it and go away.

    I'd put their cheque back in the post and ask them to refrain from sending payment until a settlement figure has been mutually agreed.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE