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Ajr3773

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Everything posted by Ajr3773

  1. @BankFodder I refer to your very first response to my post, where you advise me to pursue the at fault driver myself, hence asking again. On what basis would it need to go to court when liability has been accepted and also witnessed by police and other affected parties. Is it not a case of just having the Third Parties Insurer handling the claim?
  2. @BankFodder @unclebulgaria67 Open question to you both. Is there an option here to suspend claim with my Insurer and proceed to claim directly with the TPI given it’s non fault and liability has been accepted and is on file. If so what’s the suggested process. Insurer has declared the vehicle a total loss this morning but claim is currently on hold until they obtain statement of fact from broker.
  3. @unclebulgaria67 your point is particularly valid especially in regards to loss in the event of a claim. Irrespective of 2x SP30’s or not the vehicle is insured for its full market value. The insurers rating changes based on risk against those endorsements, where said risk calculation isn’t made available. Also I question the validation of 22% in premium. Is that based on today’s risk profiling, or is that applied retrospectively to day 1 and can that be evidenced. One thing that is very clear, is that to bring about any degree of misrepresentation the insurer has to have e
  4. As @Mwynci states this can't be enforced if not in the terms of the Motor Insurance or pointed out at Point of Sale. Again referred to as not a standard motor insurance term. They also can't retrospectively opt not to cover me. I'm not going to roll over and just accept almost a £5K reduction for something they have no liability on. The other note of interest is the word 'Proportionate' Is £5K Proportionate to £120?
  5. Hi @Mwynci The UW threw this into the mix yesterday. As @BankFodder mentions above they are making a meal of this, given they will be claiming back from the third parties insurer anyway given its a Fully Comprehensive Insurance. That said they have advised this morning that they need to prove to the TPI that I've been fully indemnified and this plays heavily on the basis I've made a 'careless misrepresentation'. My view is its an oversight on the basis the contract was auto re-newed. As stated, non fault accident, full liability accepted by third party and polic
  6. SCHEDULE 1 Section 4(3). INSURERS’ REMEDIES FOR QUALIFYING MISREPRESENTATIONS PART 1 CONTRACTS General 1 This Part of this Schedule applies in relation to qualifying misrepresentations made in connection with consumer insurance contracts (for variations to them, see Part 2). Deliberate or reckless misrepresentations 2 If a qualifying misrepresentation was deliberate or reckless, the insurer— (a) may avoid the contract and refuse all claims, and (b) need not return any of the premiums paid, except to the extent (if any) that it would be unfair to the consumer to retain t
  7. CIA - Consumer Insurance (Disclosure and Representations) Act 2012. http://www.legislation.gov.uk/ukpga/2012/6/pdfs/ukpga_20120006_en.pdf Yes regards valuation - Total Loss value is £21.5K - £4730 on basis of finalising claim on a percentage claims basis.
  8. Insurer has now sent over a CIA document advising they can deal with this claim on percentage claims basis. Third party insurer liability if this was being handled by the AMC would of been £13.5k as per the repair estimate given the vehicle was deemed repairable. If it had been written off then the liability would of been the full vehicle value of £21.5k. My insurer is saying if they deem the vehicle to be a total loss on the basis repair to value ratio is 64% they won’t payout the pre accident value, they will deduct on a percentage claims basis £4730 from £21.5k as I was
  9. Thanks @BankFodder & @unclebulgaria67 thus far. Let me try and bring some clarity to the questions; Accident 27/06/20 - Significant Rear End Damage and Moderate Front End Damage Accident Management Company Instructed same evening following advice/referral to use them - Error of judgement, made in haste. We all make mistakes 29/06/20 - Vehicle collected, damage assessment made, hire car supplied, medical and physio appointments organised 01/07/20 - Independent Engineers Assessment concluded - Damage repairable with a repair estimate of between £13460 &
  10. Correction - Accident was 27th June not January as mentioned in original post. Winn Solicitors we’re instructed the evening of the accident. They initially dealt with Credit Hire as well as any personal injury claim with a 25% cut of any potential injury payout but not for any uninsured losses. FYI there is no credit hire now either. SP30’s weren’t advised to Insurer as policy auto renewed with broker in January and in all honesty I didn’t check the electronic details. Agree no excuse
  11. Winn Solicitors we’re instructed the evening of the accident. They initially dealt with Credit Hire as well as any personal injury claim with a 25% cut of any potential injury payout but not for any uninsured losses. FYI there is no credit hire now either. SP30’s weren’t advised to Insurer as policy auto renewed with broker in January and in all honesty I didn’t check the electronic details. Agree no excuse
  12. Yes I’ve got the third parties details and insurer but have never pursued a third party directly before. Aren’t they just as likely to deem the vehicle repairable given their liability is reduced to £13,5K from £22K if repaired vs write off? That’s my question. Is it fair? Is it legal? How do Underwriters make a determination that the annual premium would of been 22% higher at the start of the policy (equivalent to an additional £121) had they been informed of the 2 x SP30’s but as a consequence of not being informed of these they intend to red
  13. Long story short. Involved in 3 car non fault accident on 27th January. (Rear ended at 40mph, catapulted forward into the back of another innocent party.) Originally went via a claims management company who had the car independently inspected and deemed it repairable with a 64% repair to value ratio. £13500 vs £21300 value. Spoke with my insurer (Covea) who advised under their Internal policy my car would be deemed a write off - did I want to cancel the vehicle claim with the claims management company and pursue the claim through them instead? This
  14. What planet did you emerge from??? Looking at your comments it would appear you work and side for the franchise dealer in question and also have no idea about legislation. The dealer knew all about the issue when they offered their PX valuation and nor did they share this. They too have also signed a contract at handover and only now some 3 months following conclusion of the sale do they come chasing my son for a shortfall following sale at auction. Would they be calling me to offer a refund had the car fetched more at Auction. I think not!!!
  15. Good evening all, Once again another idiot joins a forum and offers no assistance whatsoever. Today I have received a copy of the HPI check from the dealer dated September 2017 and it did indeed show the vehicle was a total loss previously but damaged repairable. The valuation in September showed the vehicle as a minimum value of £2400 given what was established during this check so the dealer offered £100 less than book. My case in argument now is that the valuation was based on what they knew from the start. This hasn’t just presented itself when the car went off to auction
  16. Here’s the content of their letter; This letter is our final request for you to make payment towards the sale by auction of your part exchange used in the purchase of SEAT LEON XxxxxxX. We bought the vehicle in good faith from you as part of the concluding sale of the SEAT LEON. You signed to confirm, both on our purchase invoice and on the order form that the vehicle Toyota Iq2 XxxxxX had not been involved in any accident resulting in a Total Loss Claim. The vehicle as listed and received is in fact a total loss vehicle (Information supplied by Experian HPI). Therefo
  17. Long story short, 18 yr old son purchased a brand new car in October and as part of the deal the dealer offered him £2300 for his PX without seeing the car but I assume they ran a valuation on it and HPI check etc at time of quoting the PX figures etc..... This week my son has just received an email and recorded letter from the dealership headed final before legal requesting he pays £500 to the dealership as the PX only fetched £1800 at auction as a consequence of the car having apparently been written off under Cat D damage that my son had no knowledge of having bought the PX privat
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