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Taken to court by insurance company


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I sold my car in July, and sent off the trade slip to DVLA.

Just before christmas, I was contacted by an Insurance company, who claimed that I was involved in an Accident, with the car that I sold.

I gave the insurance company the details of the person that I sold the car to, and contacted the DVLA to find out why I was being chased(It transpires that they had not received the trade slip) they told me to write a letter explaining that I had sold the car and they would change the records accordingly.

I presumbed that this would be the end of the matter. But since then I have now received a letter from a solicitor representing the insurance company, demanding that I pay £365 for the claim. I rang them to discuss this with them, and they informed me that althouogh they had heard from the owner of the vehicle, he denied any involvement in the accident, and as consequence of that they would continue to chase me!

I wondered if there is any thing I can do. as I ffel the solicitors are chasing me as its easier for them to do.

 

Thanks

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OK this is more common than you think so don't worry.

 

You said you are been taken to Court, have you received a Court Summons or have you only received threatening letters at this stage?

 

If it is a Court Summons you need to file a defence and submit it within 14 days, your defence should read something along the lines of..

 

'I refute all claims made by the plaintiff, the vehicle in question was sold on the to , the accident occured on accordingly this matter has nothing to do with me'

 

If it hasn't got that far it is IMPORTANT for you to keep a written record of all correspondence, espcially what you send out.

 

Reply in writing to both the insurers and the solicitors, refute their claim, tell them the date you sold the car and who you sold it to and tell them to cease writing to you since it has nothing to do with you. Make it clear that because you had sold the car it is nothing to do with you and any further correspondence from them will be ignored, obviously don't ignore a Summons if they do actually dare issue one.

 

I find it somewhat strange that the solicitors are still persuing you after they have contacted the new owner though, do you have a written/dated bill of sale for the car?

 

Mossy

 

PS Your liability ended when you sold the car, you are not an easy target so don't get bullied.

Edited by Mossycat
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Thanks Guys, I really appreciate your speedy replies. As yet I am only being threatened with court action. So tomorrow I will fire off a letter explaining that I refute the claim. Should I again give them the details of the buyer?

Unfortunately I do not have a receipt. I have learnt a lesson here though

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Pass on all information that is to the best of your knowledge. It may also be worthwhile asking them to approach their client to obtain a description of the person driving the car (if it was possible for them to do so) - though really the solicitors could have thought of that themselves.

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I'd be tempted to write something like this.............

 

 

Dear

 

Your Ref

 

I refer to the above and also to previous telepnone calls/correspondence and would once again state the following;-

 

I was the owner of the vehicle in question until when it was sold to , since the incident occurred on I fail to see why you think I have any liability or responsibility in this matter.

 

I suggest that you now direct your correspondence to the owner or driver of the vehicle at the time of the accident.

 

Since there is nothing further that I can add to this matter any further correspondence from you will be ignore, I do note however that you have mentioned the threat of a County Court Summons, should this be issued against myself I will of course refute the claim and defend it most vigorously.

 

Yours

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