Hi I recently had an accident on the ice (Wednesday 22nd December), my car left the road without any damage and whilst I was outside of the vehicle another car hit mine. The rear bumper is cracked and the wing is dented but the car is very much driveable. My insurance company sent someone from a local garage to come and assess the damage that day and I haven't heard anything since from the insurers (I suppose it's because of the bank holidays etc). The garage called yesterday to ask whether the insurers have been in touch and he informed me that my car is a 'total-loss' (my car is a P-reg Peugeot 306 and the repairs would cost more than the car is worth). He said to wait to see how much they will offer me for it. I told him I was quite keen to keep my car because it has been extremely reliable in the 8 years that I've owned it and he said they will also offer me a lower amount if I want to keep the car. He has said that he could knock out the dent and source a 2nd hand bumper for me but that will cost several hundred pounds. My questions are: How long will I have to think about whether or not I should keep my car (to figure out if it makes financial sense)? Do I have to accept their first offer or should I try to negotiate more (I'm sure whatever they offer won't be enough to buy another car or even get the repairs done on mine)? Will my insurance premium go up if I keep the car (even though the accident wasn't my fault)? It all seens very unfair that I should end up worse off when the damage wasn't even my fault. Any advice would be greatly appreciated. Thanks

Have you replied to say you think the respose in unsatisfactory, and clearly outlined what you are expecting them to do? I would suggest doing this first before filing it in court. What does any one else think? I work for a travel agent and would expect my customer to do this first.

Ok well I've just received a letter from the court this morning and I guess it's finally over. The letter read: Before District Judge ***** sitting at ***** County Court. Upon reading the claimants letter dated 16/02/07 IT IS ORDERED THAT The claim is dismissed (as settled) That's it. Very, very brief letter, no mention at all about my application for costs. I take it that they weren't very impressed! Oh well nothing ventured, nothing gained I guess. Although it does still annoy me to think of all the time and effort I put into preparing for the hearing etc. which, as we all know Lloyds had no intention of attending!!!

Thanks again for that, will give it a go and let you know how I get on!

Thanks everyone for your support!! The interest at a quick glance seems to be correct, still need to get the calculator out though. Will consider asking for the costs to be refunded as I think I should on principle, (not because I'm greedy). I've just read Gary's example letter for this but do I need to add how much I think costs are or is there a standard amount? I've no idea of a sum basically. If I do this does it need to be before my court date (friday 23rd) and will I still need to go to court (I'm guessing probably not)? Thanks again for a fantastic website, very inspirational. Just started helping my work colleague claim against Halifax now, the more the merrier I say!

I've won, checked my account today and the money was paid in 2 days ago!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Just need to check that the figures are correct. 3 seperate amounts were paid. One for charges taken, one for court fees and one amount for interest (I need to check this figure is right). Soooo happy! Just want to say thank you to Gary H for all his help. Think it's time to donate!!!

Hi, another update.... Submitted my court bundle on wednesday as the deadline was today. I haven't been home to check the post yet but I very much doubt I will have received the bank's evidence anyway. I will send the non-compliance letter Gary has suggested on monday and also a copy to the court. Just keep thinking all the hard work is over now, just have to be brave and play the waiting game! 14 days to go!!!

Just wanted to say thanks everyone for your helpful advice as always. Court bundle deadline is 9th February, so will have the court bundle non-compliance letter ready to send the following day. Will just include copies of originals in chronological order. Going to use this weekend to get it all finished off, feels so good to have the end in sight now!!!

Oh just thought of another thing, just been reading quite a few threads lately and everyone has been phoning the solicitors when they've been at the same stage as me. I haven't made any calls, do I really need to? Don't really like the thought of it to be honest. Lea

Hi, Just another update, working on court bundle and its going well at the moment. Printed out all documents, hole punched and bought project folders etc. Last thing I need to do now is just sort out all my correspondence. Might be a petty question but I've hand written some of the letters, which have not photocopied fantastically, so is it best to type them up or is it important to have copies of the actual letter sent? Also should I file them all in date order or file them in 2 sections e.g sent & received? Don't think it really matters, just checking. Also am I right in thinking any letters received with 'Without Prejudice' on them, I shouldn't include? Thanks in advance

Thanks for that, I hope I'm near the end now, its very exciting but quite scary at the same time!! I would never have been able to get this far though without the fantastic help I've received from Gary H. He's helped so many people!! Will keep you updated. Good luck with your claim

Ok thank you, panicking again for no reason

Ok thank you, panicking again for no reason

Ok thanks that's great, I think I misunderstood, I will add it in then. Also I've just been looking at the OFT Summary and the link takes you to something titled 'OFT's Action on Credit Card Default Charges,' I'm claiming for my current account so is this relevant or have I looked at the wrong thing by mistake? Thanks again

Gary, I've just been reading your statement of evidence and it says ONLY to submit this if you have those directions from the Judge. My directions read 'Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing. The original documents shall be brought to the hearing.' Do I need to include this?

Thanks Gary you're a star, didn't want to sound like a complete idiot but thought it best to check!

Hi, Yeah as expected Abbey submitted AQ on 2nd January, LATE!! Got court date now for 14th March, starting work on Court Bundle now, any handy hints would be appreciated, thanks

Thanks again Gary, just a quickie though... this may sound really stupid but when I include my statements do I include them all or do I include only the ones with charges on them? Also I am claiming for 3 accounts but don't have all the statements for 1 account, I have estimated the sum owed from the statements I do have. Do I need to elaborate on this in my bundle or just submit the statements I have? Basically how likely is it that they are going to check through all my paperwork? One more thing where do I put the Statement of Evidence? Cheers

Hi everyone, quick update as I've not been here for a while: I sent off the letter to say I will accept their offer as part payment but will proceed with my claim and as expected I've not heard anything back! Also my allocations questionnaire had to be submitted by the 28th December, so I submitted around the 21st and also sent a copy to the bank and I've not had one from them!! I don't think they've submitted theirs so I think I may have one!! Surely it can't be this simple? I guess I need to pop into my local court office on monday and find out what to do next. If anyone has known of this before, any advice would be appreciated.

Hi everyone, not been here for a while and I'm starting to panic a little now. My court bundle has to be submitted in 4 weeks and I haven't even started, partly due to the fact my computer has been giving me trouble for the last few weeks and now I need a new part for my printer!!! Just to clarify, have I simply got to print off the court bundle and add in my letters to and from bank, schedule of charges and statement of evidence as kindly supplied to Gary H? It does sound very simple but I've got a terrible feeling when I start something will go wrong! :?

Ok thats good , thanks for that

Thanks for that I will send the letter just to Abbey then. I was just thinking if I accept their offer as part payment do I need to adjust my claim amount? Is this difficult to do? Has anybody done this? Please help me :?

Thank you again, that's what I thought but thought it best to check! While your there do you know the fax number by chance or is it on their letters? At work now and don't have anyhing with me, I can't remember seeing a number anywhere.

Also should I send copies of their letter and my response to the court?

That's brilliant thanks. Did you return the form they sent to you, which is asking to be signed or did you send this letter on its own?