Hey can I just ive read this thread and your support and advice has been amazing! I’m now in a similar situation

I will be writing to the Ombudsman luckily I have your points that you mentioned to add in.

I hit a car I was only doing 30mp and there was no scratches on the car. I received a letter further on saying I owe Xs £3000.

I rang them saying what does the cost cover, the first agent said it’s for repairing the car. I said show me a the invoice so I can see what needed to be fixed.

I was first advised it is against their policy to send reports.

He then said the 3000 is regardless of what if costs to fix.

I then further complained, they have now sent me a report which I find strange considering the agent said it is against their policy.

I will attach the report shortly.

I hope Ombudsman support my view that Xs is a fraudulent company!

Any further advise would be much appreciated.

Hajra

Hajra, you should start new thread about your specific case. If the amount xs direct have paid out to the third party is less than £3000, then you should only be liable for relevant sum. And you can arrange repayment over as long a period as you want to, if the policy states no terms for repayment.

Make the complaint to xs direct first and then you can go to the FOS, after xs direct final response or after 2 months of the complaint being deadlocked between you. Follow the FOS complaints process to the end and if you have to pay xs direct, then offer the amount over as long a period you think is reasonable.

They emailed me this :

As you are aware, your policy carries a £3,000 excess.

That means that any costs incurred below that amount are your financial responsibility.

You received a letter on 11 June stating that you are required to pay £3,000 within 14 days.

We settled the Third Party claim on the best available terms to us for the amount of £3,880.65 (of which £3777 was for repairs and the balance was the engineer’s fee).

The attached report from the engineer states that the vehicle repairs amount to £3777.

The agent on the phone first did not tell me the costs cover the fee he says he was unable to give a breakdown. There’s no way it cost 3777 to fix the car as the collision was minor. I’m sure this is made up.

They then says this:

As we have acted in accordance with terms of your policy and dealt with the claim in a fair and reasonable manner, we are unable to uphold your complaint. Any excess requested remains payable.

Please accept this as our final response.

Please note that should you still be dissatisfied with our decision or the way in which we have handled the matter, you have the right to refer your complaint to the Financial Ombudsman Service, free of charge

– but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances.

So I’m guessing I can now respond to the FOS?

I’m worried my case will be similar to Jayden’s!

I said to Xs I was advise clearly of the £3000 excess to all third parties and in that email they don’t make or clear again. OS

Can I use this against them?

I wasn’t I mean! *

Own thread created

Please post here now

Hi There,

sorry i am unsure how to use this!

In the policy handbook for XS is doesnt mention repayment terms.

The email they sent yesterday said this:

"I wish to advise that I have investigated your complaint and can now issue my Final Response.

As you are aware, your policy carries a £3,000 excess. That means that any costs incurred below that amount are your financial responsibility. You received a letter on 11 June stating that you are required to pay £3,000 within 14 days. We settled the Third Party claim on the best available terms to us for the amount of £3,880.65 (of which £3777 was for repairs and the balance was the engineer’s fee). The attached report from the engineer states that the vehicle repairs amount to £3777.

As we have acted in accordance with terms of your policy and dealt with the claim in a fair and reasonable manner, we are unable to uphold your complaint. Any excess requested remains payable.

Please accept this as our final response. Please note that should you still be dissatisfied with our decision or the way in which we have handled the matter, you have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances."

In her email she did not mention third party. also over the phone when i bought the insurance im sure the agent did not mention it either or make it clear otherwise i would not have gone ahead.

I'm worried the FOS will do what they did to Jayden, how can i structure my complaint in a way it gets through to them? XS are disgusting they need to be stopped!

Also, when i rang to complain the agent said the 3000 was to fix the car, i said i want to see an invoice he said it is against company policy to hand one but now they have emailed me one and apparently the car needed 12 parts to be repaired which is a lie! Its cheaper to replace a whole engine of car then this.

Please advise?

Thank you!

Yes you can go straight to the FOS. Do this as soon as possible and notify xs direct you have done so.

Your complaint is 1) unfair contract terms as stated in the other thread you read. and 2) xs direct did not engage with you at an early stage in the claims process, so you could scrutinise third party claim costs and therefore mitigate any possible debt that you might become liable for. Had you been given opportunity to challenge third party claim costs, you might have been able to reduce the amount of the third party loss.

In the meantime, submit a data protection request to the xs direct claims department for copies of all data/documents processed for the claim.