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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Hastings insurance advice


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Hi all

My son recently had a no fault accident and the car has been deemed a total loss. Having spoken to Hastings they are looking to have the car collected by their salvage agent. Should I refuse this and ask for the car to be brought to the home address while a settlement figure is agreed?

Thanks in advance

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Why would you do that ? Do you think you will get more money if you hold the car to ransom

 

It is costing them to collect your car and deliver it to the salvage yard, I'm pretty sure if they deliver it to your home you would have to then pay for it to be collected later

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I ask as I’ve heard horror stories of cars being sold on before a settlement is made and if I need to challenge anything I won’t have access or knowledge of where the car is.

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I don't see any disadvantage in them taking it away as long as you have documented it all very thoroughly and this means getting extensive photographs of its condition everywhere including the engine bay, the interior, the boot, the underside, the tyres – everything.

 

Also, while you have the car it will be very well worth getting somebody to come along to inspect it and to give you a view as to its condition – and maybe it's value prior to the accident. This means that you don't want an insurance assessor who is going to mark the value down, you want somebody who would have been interested in buying it or selling it for you. It may be difficult to get this kind of written opinion – but that's what you want.

 

One thing you can be sure is that whether you hang onto the car or whether they take it away, there will be a dispute as to the value. You need to assemble as much evidence as possible of the condition of the car before the accident and also of comparable vehicles for sale over the Internet.

 

You need also to make sure that you get photocopies of all documents that might be taken away including any history, recent work – et cetera. If you have had a garage who has recently worked on the vehicle – especially if it is a reputable garage and see if they are prepared to give you a written opinion as to the value of the vehicle. You may have to pay for this – but you will eventually find that it is worthwhile.

 

If you hang onto the car then you may well have all sorts of problems about vehicle tax if you are keeping it on the road, insurance in any event and other liabilities.

 

If you decide to let it go then I would make sure that you are very well prepared for the inevitable fight that the insurers will give you over the value.

 

Now tell us a bit about the vehicle. What is it? How old is it? How many miles is it done? What condition would you say it is in? How much do you pay for it? What is your view of the replacement value now? Has it had any recent work done it?

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Bankfodder, I think you have misread the OP. My reading is that the salvage company is being instructed to collect the vehicle from the scene of the accident or storage post accident, not from the posters address. This is his/her point whether they should insist that it be moved TO their address.

 

I take bankfodders point, but unless they have the opportunity to view/photograph/have assessed, they should not pass ownership to Hastings nor the Salvage company, until satisfied as to valuation.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Thanks BankFodder and Gick for the advice. The car is currently at a garage about 2.5 hours away from home. I intend to go see it tomorrow and I'll make sure I get lots of supporting evidence. Getting someone's view in relation to its condition might proof more difficult due to the cars location - it's in Hereford if anyone knows of anyone :lol:

 

BankFodder, the car is a 2011 (61) VW Polo 1.6tdi SEL its got 72500 miles, it's been well looked after and I would say its in good condition, FSH, if it makes a difference it has xenons, Alcantara interior, heated seats and sat nav, it had its MOT in July but no work since. I've done a bit of research and have only found one with the same spec which was 2010 with 83k for £5500 so think the car to be worth around a similar price :???:

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Okay, well make sure that you document everything and hang onto as much of the original documentation as possible but make sure you copy everything. The full service history is very important.

 

Did it have any work for its July MOT? How many miles is it done since that MOT? What are the tyres like? What is the spare like? Start getting imaginative about making sure that you capture the entire condition in detail.

 

Keep on hunting around for vehicles of equivalent value and then when you give written authority to the insurer to take it away described the vehicle in detail and tell them that it is clear that the replacement value is £XXX and that they are taking it away on that basis.

 

They will probably ignore you and still take it away.

 

When it comes to arguing the toss about the the amount of money they are going to pay you then you should take no nonsense from them at all. Be robust in your approach. Don't tolerate delays. Don't get involved into protracted conversations with them. Be prepared to sue them at the drop of a hat.

 

It's the only way I'm afraid. They are used to being in control and they are used to dominating people. They are used to dealing with people who want to get a replacement for vehicle very quickly and so will settle for less than they should simply so they can move on with their lives. If you are prepared to show them that you are in no hurry for the money and you are prepared to make trouble then eventually you can dominate them.

 

Don't forget, they will try to give you the trade value – which means the value that a trader would pay for the car if they bought it for resale. You want the resale/replacement value.

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The car has done about 5k since the MOT It had no work done and only had 2 advisories which were 2 tyres that have since been replaced. I wouldn't have even thought of checking the spare - great tip! I'll have to work the car in sections so there is less chance of missing anything.

 

I'm dreading dealing with settlement dispute and while it would be good to get it sorted asap, my son has been provided with a car through an accident management company (whole other concerns about this!) so he can still get to college and work. So we can wait it out.

 

When they do make an offer, do I counter offer or wait for them to increase their offer?

 

thanks

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When they make the offer, come back here.

 

What is the accident management company? Sounds like another load of trouble on its way

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Keep the car until you have agreed a settlement. Hastings pulled a fast one on my Fiance, they took the car to the salvage yard then offered him much lower than market value for the car.

 

It's up to you of course but I tend to disagree with this. There is no reason why you should be forced to accept a lower value simply because they have taken the car away. In fact I would say that keeping a seriously damaged car on your own premises or on the street outside is going to add additional pressure on you to sort it quickly and is more likely eventually going to add to the factors which persuade you to accept a lower figure.

 

My own view is that you should get rid of the car and then you can take your time and push the insurer to the limit.

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Well I've been to see the car and taken lots of photos and a video. The only damage to the body work is the accident damage, there's not even any supermarket dings. The tyres all have good tread on them and spare is brand new. Two of the alloys are slightly kerbed. The inside could do with a hoover but there's no tears rips, stains or other type damage to the interior. The only thing I couldn't see was under the bonnet cos there was tape holding the lights and bonnet together. I feel much more confident that the car is in good condition and the only thing they can quote as a negative is that it needs a clean.

 

I've got room on the drive for the car to be parked up so that wouldn't be a problem but getting it the 150 miles home would be. I really think they should have used a garage closer to his home address and not is student digs as it's just made things difficult.

 

The accident management company is Auxillis.

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did you remove the satnav?

If you think it is repairable them you can offer to buy it from the insurer but you will find it near impossible to sell on afterwards.

Of course the insurer is going to offer you less than your perceived market value, they will try and pay you what is average dealers buy in value rather than retail. Yiou cna ask thet they spend their time finding a near identical car rather than a cash settlement. They usually listen a bit harder then.

Your vehicle may have been immaculte before the crash but they arent interested as they as already said look at an average dealer price so picture will help support your version of what was what.

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Yes - but you should let them know in case they think that you were trying it on

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  • 2 weeks later...

Well according to your own evaluation which you made in an earlier post, it seems to be a pretty good offer. As it is an opening offer you could bump it up if you can find some evidence to support your position

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I'm really surprised. I honestly thought it was going to be at least £1000 less and I'd have a battle on my hands. I think I might look at for some evidence and make a counter offer. Don't ask don't get and all.

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what I don't get is why they charging you for excess when its not your fault I be claiming it back that's what I did when I had a crash few year ago

 

If you have an excess on your own insurance policy that will always be deducted from the insurer's claims payment. That's how excesses work. It's got nothing to do with whose fault the accident was.

 

If the accident wasn't your fault you can recover the excess from the third party, and their insurer should pay it to you.

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Like Ethel said I've got to wait for the solicitors to get the excess back from the third party. I questioned it been as the third party had admitted liability but that the way it works apparently.

 

I spoke with the claim motor engineer today about the valuation on of the car. He was like "good news, because of the additional extras we can increase the value of the car by £490 so that would make the total value £5690. " I said don't you mean £5990 as I have already been offered £5500 for the car. He said this was an error and the actual value was £5200. I tried to argue you it but he said that he had looked at cars available in my area and used three car valuation guides and this was the price and it would not be increased. so its all a bit meh!

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