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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
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Car Insurance Accident - Help Needed


moneydragon
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Hi you could report them to OFT for possible breach of their guidelines

 

section 2.6

 

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

 

dpick

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Bump. Hope you get this sorted, you're getting an appalling service from your insurance. Try Watchdog!

Thanks for your support dispirited.

 

I have submitted my complaint through FOS I am now going down the route of being mis sold this policy. So we will see how far I get with this if not then I may try watchdog.

 

These companies are quick to take your money but not prepared to do diddly squat when called upon:confused:

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Hi dpick thanks for your reply now you've confused me.

 

I dont think this really applies as Swinton who are the broker, who I am having BIG problems and whom I have a complaint logged with FOS with.

 

Can Swinton just pass what they say we owe onto a debt collector when we have this ongoing complaint which the FOS are looking into?

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There are two separate issues here that need to be addressed:

 

As i said before, if you've had a "fault" claim then the company is correct to request the rest of the premium for the year so I don't think you'll get very far in arguing this and i would consider paying them what you owe or perhaps seeing if they can deduct it from whatever settlement they give your daughter for her car.

 

I would definitely pursue the complaint with the claims department though cos you have received some shocking service!

Before going to the FOS, you need to have logged a formal complaint with the insurer and given them time to resolve it. If you haven't done this then the FOS will simply decline to act until you have.

 

Keep us updated

 

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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On what grounds are you claiming it was mis-sold?

Hi Chesterexpress

 

In short on the grounds that they state that it is their t&c that my daughter would have to pay the outstatnding amount of premiums and it clearly is not. This was not made clear to her.

 

Also the fact that since the accident the insurance company do not want to know she hasn't even completed an accident claim form they have done diddly squat and have charged her over 2.5k for the priviledge and whats more it was not her fault.

 

She has received nothing in writing about her car the only correspondence she has received is the demands for this money and 9 weeks later she still has no vehicle.

 

And this was supposedly fully comp insurance:-x

 

Sorry I am going off on one now

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I cant find any policy documents online for gateway (I'm struggling to find out much information about them at all to be fair!) but i did manage to find a copy of the policy booklet for MMA who underwrite for Gateway so the terms and conditions should be very similar if not identical.

http://www.mma-insurance.com/MMA_Website/a/pdf/Private-Motor_Wording.pdf

 

Have a look at page 3, 3rd paragraph down.

 

I still maintain that you are liable for the outstanding balance and i would also go as far to say as this is probably why you are having so many issues with the claim as they wont move the claim forward until any outstanding issues on the policy have been resolved.

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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I cant find any policy documents online for gateway (I'm struggling to find out much information about them at all to be fair!) but i did manage to find a copy of the policy booklet for MMA who underwrite for Gateway so the terms and conditions should be very similar if not identical.

http://www.mma-insurance.com/MMA_Website/a/pdf/Private-Motor_Wording.pdf

 

Have a look at page 3, 3rd paragraph down.

 

I still maintain that you are liable for the outstanding balance and i would also go as far to say as this is probably why you are having so many issues with the claim as they wont move the claim forward until any outstanding issues on the policy have been resolved.

 

DA

 

Hi Darkangelsdelite

 

Sorry da but i disagree from day one the service has been non existent, my daughter has not even completed an accident form, nothing, not one letter of communication in regards to the rtc. The issue of the outstanding premium has only been an issue for the past 2 weeks. Even now they wont communicate with me just that they want the payment no explanation just we will put it in the hands of debt collector you will pay £25 and get a black mark on your credit file as stated before my daughter paid 2.5k to be treated like this what ever happened to good old customer service. - md

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Is it the Broker or Insurance Company who you have been dealing with regarding the claim etc.? I wouldn't worry to much about the non completion of a claim form, as many insurer's don't issue them and fill them in when you make the claim via phone. I have also failed to find much information re; Gateway, however MMA do have details online as DA has already pointed out.

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Hi chesterexpress

 

Been trying to deal with both Gateway however after chasing and chasing Gateway managed to get it sorted a bit, but the broker well they are the ones I am complaining about.

 

The annual premium far outways their liability is this right?

 

When my daughter got her car I encouraged her to go fully com as I thought she would have more security, not the case, next time I will insist she has 3rd party cover. If it had been explained to her at the time she handed in her certificate to carry on paying then she would of done so. Now the broker has, after demanding and no discussion whatsoever just cancelled the policy and demands payment no compromise ie carry on paying the monthly amount and when settlement is made that can be carried over. Now there's no going back.

 

Surely for 2.5k she should receive better treatment than this?

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I'm not disputing that you've had lousy customer service, I'm simply pointing out that by digging your heels in regarding not paying the balance on the account then you may have exacerbated the situation, that's all.

 

In regards to fully comp cover giving more security, it does, to a certain extent.

The main difference is that if you damage your own car in some way (either vandalism, hitting a post or even hitting another car) then your car is repaired as well as the third parties. You also get cover for glass damage as well.

 

Chester is right, most insurers don't use claim forms any more, its all done over the phone.

This is how i see your situation at the moment:

Gateway are dealing with the third party claim (they're obliged to under the RTA) and are holding off dealing with your daughters claim until the debt on the policy is settled.

You're complaining, quite rightly, about the "service" you have received but are also refusing to pay the debt on the account, therefore holding up the claim which you are complaining about in the first place.

 

I cant really see any other solution to this other than to pay the balance, let them deal with the claim and then taking this up as a formal complaint with their customer relations debt and even the FOS if it comes to it.

 

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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Hi DA

 

I am not refusing to pay the outstanding, I just asked them to point out to me where it states that this has to be paid as it does not state it on anything that my daughter has received and todate they have not. If it is shown that my daughter has misunderstood then so be it she will have to bite the bullet.

 

I dont feel that she is asking too much it is the broker that refuses to communicate in any way.

 

As for Gateway they have now made a settlement figure but we have agreed to put on hold until this is sorted.:(

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  • 1 month later...

Hi everyone.

 

I have any ongoing saga with a insurance company (car) to which I have a thread ongoing in the insurance group. I have now come to this group whereby hopefully someone could advise.

 

I will try and keep it brief. I have logded a complaint with the FOS over how this co have failed to deliver what they have been paid for. On 10th June I receive a letter from them informing me that this account is now on hold for 20 working days which I calulate to be until 7.7.08. However 3rd July they send my daughter a letter stating that she owes over £1k for outanding insurance premiums they intend to go to her bank and take this or they will pass onto a DCA.

 

My questions are as this is in dispute surely they can not do this?

 

What do I write back to these as I am not refusing to pay to awaiting the outcome from FOS?

 

Your help would be much appreciated.:(

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Hi Moneydragon,

 

A bit more details would be needed,

 

are the trying to enforce an oustanding balance?

 

or is a dispute with an ongoing paid account?

 

 

idax

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Hi IdaInFife

 

It was for outstanding DD for a car insurance policy. My daughter had a non fault accident to which her car has been written off and cut a long story short they have failed to do anything. The co asked for my daughters insurance certificate back this she thought they had cancelled and cancelled her DD now they want payment in full.

 

Because of the disgusting service etc she logged a complaint with the FOS which is ongoing and the only thing this company do is chase for their money.

 

She is still awaiting the outcome from FOS and the insurance so have now written to her stating that if she fails to pay this outstanding amount by 10.7.08 they will use her card and just take the money or pass onto dca.

 

I need someting to bat back as this account is in dispute so to stop them stealing her money:confused:

 

Thanks for your time

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Sorry to bump - but can anyone please advise. I am getting desperate as these people say come 10.7.08 they will just go ahead and take the money:)

 

How do they plan to 'take' the money?

 

Is it a direct debit? In which case ring your bank and cancel it and (very important) at the same time write to confirm the cancellation.

 

Is it by deduction from your credit card? In which case ring the credit card company cancelling any authority they might have to do this. Again it is important to confirm this in writing.

 

In each case if you don't get in first then the payment request will hit your account and go through if there is sufficient in the account. If there isn't and the payment request is 'bounced' you will be charged. Hence you have to make sure the authority of whatever form is cancelled before the payment request is attempted.

 

Incidentally who is the insurance company or is it a broker?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Thanks for your reply palomino - they intend to use the card that my daughter originally used to set the DD up. The DD has been cancelled a while back and she has now blocked her current card and is being issued with a new one.

 

Below is my thread re the problems that my daughter has been having and to date no payout has been made the only thing the insurance company are interested in is getting money and not acting on my daughters behalf.

 

She is not saying that she wont pay it is that until this dispute is resolved with the FOS no payment will be made and this is what I want to bat back but dont know what I should quote.

 

http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/138425-advice-please-car-insurance.html

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ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I am in receipt of you letter dated xx/xx/xx and to which the contents have been noted.

 

I am somewhat concerned that I had received your letter dates xx/xx/xx as you are fully aware that this account is in dispute and there is currently an investigation by the FSO regarding this account.

 

Whilst this account is in dispute it would be deemed unfair for you to try and collect payment until the FOS have completed there investigation and delivered their replies and if you persist on contacting me for payment I will contact the FOS to report your actions.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully

 

 

Or there abouts

 

 

idax

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  • 4 months later...

Hi

 

Back in 2007 I ran in the back of a vehichle which was due to my brakes being vandalised and everything was dealt with via my insurance company until today when I received an unsigned letter from NIG stating:

 

It is unfortunate that it is now necessary to contact you directly. Despite corresponding with your insurance company requesting reimbursement of the cost of our claim, we have not received payment.

We have now informed your insurers that if payment is not received within the next 14 days it is our intention to pass the file to our nominated solicitors who will commence legal preceedings. As we are holding you responsible for this accident, these proceedings will be issued in your name at the above address.

You should be aware that such proceedings will also include a claim for costs and statutory interest.

We strongly suggest that you contact your insures to resolve the delay of our claim, if litigation is to be avoided.

Please can someone help me out here:(

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This is worrying. I suggest you should make a photocopy of the letter and send it to whoever was your insurer at the time of the accident in 2007, and them ask what is happening.

 

Was the vandal ever caught? If so, then the costs may ultimately be recovered from them.

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