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.
Hopefully someone can give us guidance on this, youre all so great with the bank charges!
My husband was involved in an acccident bank in November - a taxi did a u turn in his pathway without checking it was safe to do so and he couldnt avoid hitting him (no witnesses though, Im afraid).
Basically its 7 months on and the other party's insurers are still refusing to admit liability. It is now going through the small claims court.
We have seen the taxi driving around and the car isnt fixed so the other party obviously arent claiming for it. Our car was written off. We have had to pay out 700 pounds in total (excess, hire car and increase in our premium at renewal as we lost our NCD). This all went on credit cards and we desperately need it back!
Only problem is, our insurer (Tesco) are being absolutely crap. They seem totally disorganised and I get a different story each time I call. It has taken them 2 months just to get the forms to us agreeing that we are happy to go to court. When I last called our file had been 'lost'! They seem completely incompetent. We will definitely change insurer next renewal
Its getting to the point where I dont trust Tesco at all any more, I dont think they are pushing the other party enough and want to do something myself to sort this out.
I want to write to the other party threatening legal action, and if Tescos doesnt get their act together sharpiy, take them to the Small Claims Court ourselves. However, Im not sure who we should be taking to court - the other party's insurer, the taxi company (who own the car and in who's name the policy is), or the other driver??
Any advice or encouragement would be much appreciated. Im just so tired of money worries, there are too many other problems in life than to deal with, you dont need (edit) like this too!
American Express - Prelim letter 9/05. Settlement 12/05
Barclaycard - £265. Prelim letter sent 9/05. LBA sent 30/5. Offered partial settlement. Declined.
NatWest Credit Cards - £92 -Prelim letter sent 9/05. LBA sent 30/05.
Natwest Bank account - £950 Prelim letter sent 30/05. LBA sent 15/06.
Agreed, Tescos are (edit) but that is probably why they are so cheap !
Anyway, first things first. The other car may not have been fixed because they may only have third party insurance in which case they may well be making a claim against your policy. That could be the reason why the vehicle remains damaged.
You need to be a bit careful here when threatening legal action. You would definately need to tell tesco you intend to do this so as not to jeopardise anything they may be doing now or in the future. You must remember that if you do take any action and it is unsuccessful then you probably won't get any help at all from Tescos after that.
What you should do it write to the taxi driver, not his company or insurers with a letter before action. You cannot claim the increased premium from him though, that will come back from tescos once the claim is settled. If he does not respond then you issue a summons against the driver of the vehicle. He should pass it on to his insurers to deal with but any claim is always made against the driver of the vehicle.
Hope that helps, drop me a line if you need anything else.
I despise Tesco Insurance with a passion. Almost 2 years ago we bought a PT Cruiser, from main dealer. At the time it came with the option of Alloy Wheels but we chose not to have them. A few months later we decided to add the Alloys that could have come with the car. We informed Tesco as a matter of courtesy...they wanted an additonal £70. We did a quick insurance quote on tescos website based on a cruiser with wheels already fitted. It was exactly the same. Several letters went back and forth proving to tescos that there was no additional charge showing on their site, but they wouldnt have any of it.
In the end we cancelled our policy, got 8 months premium back and went with norwich direct who were actually cheaper and didnt charge extra for standard alloys.
their customer services are akin to a long conversation with a dead badger. Nobody seems to know what anyone else is doing, whats been said previously or indeed what car you actually drive.
My deepest sympathy for having to deal with them and good luck!
Jane
x
This is a standard letter we used at our Insurance company.
Your Address
Drivers address
RE:Incident on xx/xx/xxxx
Dear Sir,
We refer to the above incident.
We are holding you liable for all damage sustained to our vehicle because [enter your reason here - unfortunately, you are a muppet doesn't work]
The vehicle was established as a total loss. The car was worth £xxx at the time of damage, as established in the Glasses Guide, which is the standard guide used by Insurers (Double Check that Tesco's use this).
I require payment immediately. If you are unable to pay within 14 days please contact me at the above address with your offer for repayment.
If I do not hear from you within 28 days I will consider litigation to recover my losses.
I look forward to hearing from you.
Yours etc.
You should really ask Tescos for the Engineers report, which will confirm the type / extent of damage, and the Replacement cost, and send with this letter
PS you say you wont use Tesco's again - check who the underwriters for your new policy will be. UK Insurance / Direct Line have their fingers in many pies!!!!
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!!!!
Thanks for all the replies everyone. They were all really helpful - especially the letter. I spoke to Tesco again today, they have now found our missing file and said dont worry, we are working on it, we just have a backlog. Actually got someone understanding for once!
The guy I spoke to advised me not to deal with the other party personally but just let them deal with it. Apparently Tesco's solicitor will contact us soon (but they wouldnt give us a time frame!)
So I'll give Tesco one last chance to get their act together before we take it to court ourselves.
And you were right, Tesco said they would be taking the other driver to court, not the other parties insurer. I dont quite understand why you sue the driver when its the other insurer that wont pay out - but its obviously correct since you said it too!!
Will keep you updated
American Express - Prelim letter 9/05. Settlement 12/05
Barclaycard - £265. Prelim letter sent 9/05. LBA sent 30/5. Offered partial settlement. Declined.
NatWest Credit Cards - £92 -Prelim letter sent 9/05. LBA sent 30/05.
Natwest Bank account - £950 Prelim letter sent 30/05. LBA sent 15/06.
Tesco Claim going to court, Tesco not helping
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