Hello,

If I think that an insurance company is deliberately taking its time in paying me my claim, can I go to court and request that a Judge make an order for specific performance so that the insurance company then has to pay me?

If so, how do I go about this?

Hi veganite.

Would this be about your Hastings claim?

HB

hi again honeybee! you must have a very good memory!!!

yes, it is the Hastings claim. http://www.consumeractiongroup.co.uk/forum/showthread.php?425787-Car-theft-insurance-didn-t-pay

I started new thread for 2 reasons: So information given will be concise and not lost in amongst the Hastings thread so it can be found from other searches - and I don't want the Hastings rep (Jamie) to think I am being awkward in asking this since he is trying his best to help.

The reason I am asking about an order for specific performance is because I believe the insurance company have taken a long time to sort this claim out in the past, so much so that I had even forgotten about the claim for a few years!

Since seeing the insurance company on CAG, I remembered about the claim - and even now I believe they are taking a long time.

If the claim is not sorted out by the end of this week, then unless the insurance company inform me of a valid reason as to why it is delayed and provide me with an expected date of payout, then I would like to take this to court and make an order for specific performance to force them to pay me!

I have tried to read and learn about this, but there is very little info from google.

Tactically, specific performance is not a good idea for you.

To start a County Court action and seek specific performance will require a part eight claim – increased claim fee and a far more complicated procedure.

The best way to concentrate the minds of the insurer is to issue a small claim for a modest sum of money to represent the inconvenience suffered so far. If you sue them for about £100, simply on the basis of a breach of contract – that it was an implied term of the contract that they would carry out their obligations within a reasonable time. If you can point to specific losses caused by their delay – then claim that as well in which case your MoneyClaim might be larger than £100. However, if it is simply that the whole thing is a nuisance and you want to get on with your life – then claim for £100. That will be enough for you to bring the claim and to make them realise that the whole thing is becoming a nuisance to them because you are persistent and aggressive complainer.

The chances are that it won't go to court but it will have the desired effect.

If you do get a £100 – it will probably because they settle and then if they still going to delay sue them again – and again – and again, although I don't expect that you would have to do it more than once.

The important thing here is that you achieve your desired result but you do it using the small claim system with all its simplicity and cheapness

The OP is living in Russia in the middle of nowhere, which appears to be behind the delays experienced. Also I think this claim event goes back years ago, when there were communication problems. The Insurance was apparently though Swinton brokers, with Hastings as the underwriters, so not a great combination for efficiency.

I think Hastings have been cautious here, by getting the OP to send them various documents. They also want to make sure there is a safe way to send any settlement money. So there are reasons for the delay, which no doubt Hastings would raise, if there was a court claim issued.

This may have a bearing on whether you believe issuing a court claim would be the best option.

Hello BankFodder, thanks, your suggestion does seem a much better way. Also, if the insurance company is being slow in making payment then the customer can get the £100 figure as compensation, something which I am guessing would not be possible if making an order for specific performance!

UncleBulgaria, thanks for your help here and in other thread. I was not in Russia at the start of the claim several years ago. I understand the insurance company wanted to ensure that the money was safe as it was going into a different account but don't understand the reasons why it took such a long time.

Luckily, the insurance company informed me yesterday that payment should be in the bank account today.

So, to anyone who stumbles across this thread on search, if your insurance company is playing delaying games then the suggestions in post number 4 seems the right way to go!