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Mwynci last won the day on October 27 2017

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About Mwynci

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  1. I would, you have 2 issues here, one is the misinformation complaint from Hastings, the other is you have signed (I'm assuming signed) a credit agreement to go into hire, part of the agreement will be about co-operating or bear the costs - any complaint about that is against the hire company or the introducer. Chances are this will never go to court, both sides have a massive amount to loose by allowing this to court, not just about the financials of this claim, but precidents get set which can upset what is a pretty fine balance for the majority of claims that go through.
  2. To answer the question, no, unless they do it illegally.
  3. it’ll be fault if there is no one to claim from, your no claims (not no blame) bonus will be affected. forget the police issue that’s irrelevant to the insurance contract. unless you are to try and claim if the highways agency for not having adequate roads to deal with flood, it’ll be recorded as fault. It’s just a term, don’t get hung up on the term, you’ll not win that argument.
  4. first 3 free and £550 after that i think it still is. great result.
  5. Yes. Motor claims are not very complex and neither are their processes, it’s just the human interaction that fails. It will resolve, I think bank fodders approach is right here (not the SAR, bit in my opinion that just gives licence to be slow), it’s time to get grumpy and legal.
  6. Or even call the third party insurance and save a couple of day, or weeks if they have a backlog.
  7. Sorry if you've answer this already, have you tried them since the first call ?
  8. Ok, good luck, be assertive, from your perspective, in your honest opinion, you had every right to be on the road, your mistake or no mistake about cover (it's not their business to know the ins and outs) made no difference to the fact their customer hit your vehicle.
  9. Yep, bottom line is the Op's property was damaged as a result of a negligent party, the op needs to challenge them on this bases, not just leave this to the mercy of Swinton, the FOS or the courts. The third party insurers challenge is based on the fraud challenge, - i.e. if you think you have a case stand up in court and say it, leave a court make the decision. I'm sure if the info is as simple as presented a judge would not even take into consideration the lack of insurance, as long as the vehicle was roadworthy and road legal and there was no other evidence to suggest fraud. The OP needs to make politely clear to the third party insurer that they are looking into the insurance issue, however regardless of this, they still require settlement for their vehicle which was damaged by their negligent customer, and will accrue costs (even if it's just loss of use) until settlement. The potential to prompt this into action may get this issue resolved, the claims handler may be just having a quick challenge, knowing there's not much chance, the customer can then look into the policy issues without the pressure of the timescales. People uninsured for whatever reason get their (non fault) claims settled all the time.
  10. OP have you had confirmation from your insurer that the £600 increase will go down after the claim is closed ? the NCD will be affected by this claim in the same way if you take 50% blame or 100% If your current insurer have said it will go down when the claim is closed, hold them to that, get it in writing and you can reclaim it. There's a general hesitation from people about going to other providers when a claim is open, apart from a bi of additional admin, i.e. telling your new insurer when the claim is finally closed, that's all that blocks you from going, again if you can get a premium reduction for a closed claim, get that in writing from the new provider. From a perspective of 8 week from Admiral, that is a bit long, but apart from your solicitors issuing proceedings (which they won't do) you are in their mercy. That said, you need to also speak to both your current insurers claims department and your own solicitor, as "waiting for the third party" can be translated in "we've got the response from the other side, but we have a 3 week backlog of work". It could also be that there are negotiations going on over the claims costs etc, you just need to ask, find out, nag, nag again, nag some more, and if you are not happy complain.
  11. This is wrong, you're thinking knock for knock, which probably hasn't happened for 30 year in insurance, too many variables, risks of personal injury at later dates etc.
  12. 6 months is terrible. Pen as far as I'm aware are a Lloyd's syndicate (Lloyd's of London, not the bank). Lloyd's have a pretty robust complaints process, which means you can still go to the FOS, however there is dual regulation, which means they get to see a complaint first. https://www.lloyds.com/policyholder/policyholder-complaint/complaints-by-lloyds-uk-policyholders
  13. Sorry, good point. This is a good reference https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/motor-insurance/vehicle-valuations-write-offs
  14. Sadly Hastings are still playing this game with valuations, most insurers these days will go straight in at retail, it saves the customer dispute, the staff time lost etc etc. Sounds like you are doing the right thing, you've challenged, are getting evidence to prove otherwise. Look at the FOS website, It'll give a guide of how underwriters should value a total loss, it'll also help you manage your expectations of what is considered for the market value of a vehicle (such as not relying too heavily on adverts on the basis they will have a mark up included). You can accept an interim payment, this does not mean you accept the final offer. you can challenge this as many times as you like, but realistically if your not getting what you want after the second challenge it should be time to move it on to the next stage. Don't get too bogged down in the detail of the next stages, when it comes to that the board can guide you.
  15. The salvage is legally yours, the third party insurers have no liability or contract of ownership to take you bike, just pay you what the bike is worth less what you could reclaim for the salvage costs on the open market. They have dealt with their legal liability under indemnity and played this by the book. Have you asked Plantec if they will scrap it for you? or if they will ask the third party insurers to scrap it for you ? Often they will, they just need to be asked. Other than that arrange a scrappie, etc, and if you can't get £300 get some evidence to show this and claim the difference, if you get more, don't tell them
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