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    • If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading (accepting it's from 2013 and you may be working off more recent preceded overturning this) .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
    • Good Law Project are trying to force HMG to release details of how Sunak's hedge fund made large profits from Moderna. Government ordered to disclose Sunak’s hedge fund emails - Good Law Project GOODLAWPROJECT.ORG Good Law Project has won a battle with the Treasury after it tried to suppress emails between Rishi Sunak and the hedge fund he founded.  
    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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Not enough offered for car!!!!


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Dear All,

 

This is probabaly an old favourite, BUT please read.

 

The insurance company of the third party that hit my car has offered me £330 for my car which was written off as the repairs are estimated at £900. (I have TPL insurance only)

 

All I want is the correct money to buy myself a run around to replace the car that I used for the same purposes.

 

£330 will not cover it, as I cant buy a car with 6 months mot and tax for less than £450. If they offer me £330, I am £120 out of pocket as I will then have to buy a car for £450 to replace the one damaged by the TP.

 

As I am currently receiving a hired car which is being paid for by the TP's insurance at £50 a day they are not blessed with brains in trying to resolve this issue quickly. As i have had the hire car for 12 days already.

 

What rights do I have to request that I am "put back" to the same postion that I was in before the crash occured and who should I approach if the TP's insurance company is not interested in increasing the offer.

 

I just dont want to be left out of pocket through the negligence of the TP.

 

Any help would be apprecisted.

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You can only claim for the value of your own car. You can argue that it is worth more than £330 if you can find similar ones advertised at a higher price and send a selection to the insurer. Try Auto-trader, eBay (Buy it now) etc. for examples. Send in the higher priced ones. You don't have to accept their first offer. Also be careful re the hire car; if the insurer thinks the hire car cost is excessive, you can possibly get left with the bill if it is one of the so-called 'credit hire' agreements. Check out other threads on here and check the small print of the hire agreement to see if it says something like '...if we cannot recover the costs from the insurer then I agree to pay.....'

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Pud,

 

definitely find some examples for yourself and send them in- be as quick as you can to avoid being accused of delaying the claim and increasing the hire though.

 

You can claim your tax back, you need to go to your local post office for a form, cant remember the name but they will know. It doesnt matter if the vehicle has already gone to salvage- you will be able to recover it just using your vehicle details.

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Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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What did you value your car at when you took out the insurance ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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For details of the refund of Tax look here;

 

How to apply for a refund of vehicle tax | NIDirect

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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What did you value your car at when you took out the insurance ?

 

That is totally irrelevent

 

The reason insurers ask that is NOT because they are agreeing a value, but simply because it highlights if there is anything unusual about the car. For example if the policy holder says the car is worth £30000 and it's a 3 year old ford focus then they know that something isn't right and will look deeper into it, the only other use for that question is when cars get above a specific value or if it's a classic car and the policy holder is wanted an 'agreed' value before taking the policy out.

 

So in this case it wouldn't matter if the OP had valued the car at £1000 or £100, they would still offer what GG advises the car is worth.

 

Mossy

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I disagree with the last post. If you tell your insurer the car is only worth £100 then that is the most you will ever get out of them as they will have used that figure to influence the insurance quote they give you. They will argue that you told them it's worth so why are you quibbling. Never underestimate the value of your car when getting your car insured !

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I disagree with the last post. If you tell your insurer the car is only worth £100 then that is the most you will ever get out of them as they will have used that figure to influence the insurance quote they give you. They will argue that you told them it's worth so why are you quibbling. Never underestimate the value of your car when getting your car insured !

 

You are absolutely and totally 100% wrong.

 

When a vehicle is declared a total loss or stolen not recovered the claims handler will get the current market value from a recognised source, usually Glass's Guide, and that what is offered to the policy holder.

 

The basic principle or insurance is to put you back in the position you were in prior to the loss/damage, so if a policyholder picked up a real bargain and managed to find a car for £2000 that had a market value of £3000, and declared its value as £2000 they would still get £3000 (or whatever GG states it is worth) , otherwise they would be penalised because the chances of them finding another such bargain are slim, likewise if they overpaid and bought a car worth £3000 but paid £4000 for it, they wouldn't get £4000 back.

 

It really is an urban myth that when you tell your insurer what your car is worth that that is the maximum you will get, or that that is the sum you are insuring it for. I do however accept that some smaller unscrupulous firms may have a clause that states that the value you put down may be the most you will get, but in the main all insurers work as I have explained.

 

Insurers DO NOT USE the figure you give them when calculating premiums, unless it is for an agreed value policy on a classic, rare or specialist vehicle.

 

If you give your insurer a value that is too high for the make and model you are insuring it will flag it up because it usually means that it is non standard or has high value extras fitted to it and that will lead to more questions about why the value is so high.

 

Mossy

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