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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Aviva Poor Car Insurance Valuation. Please help...


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My mothers car was stolen 3weeks ago and written off.

 

Performance car. BMW M3 convertible. Future classic. She paid TOP END for it 5months ago. Viewed 25 Chav Wagons and 'DrugDealer' mobiles then found this one which was COMPLETELY unmolested, had'nt ever had so much as a stone chip in it's life. 5000miles per year from new (1996), now stands at 69,000miles, Full dealership history from new. 1 of only 10 Alpine White M3's ever supplied to the UK market and was one of only 5 LEFT in the UK today and WAY WAY below LOW mileage.

 

So you see a very sought after and hard to come by car. Yes there are PLENTY of 'Badboy' blue or 'Dealer' black examples on the market with suspicious history, molested, top end mileage and nowhere NEAR the pedigree of my mums car and that's the reason we sifted through 25 of these to get the one she eventually bought.

 

She paid £9300 for the car 5months ago from a prestige marques dealership in Boroughbridge, N.Yorks (they sell bugatti's, bentley's, ferrarri's etc etc) so we knew the car was coming from good stock.

 

Plus to keep the car in it's absolute concourse stance my mother invested a further £1800 in nov to have the engine completly regasketted and various other works done.

 

She bought this as her dream car, as a future investment as RARE and ORIGINAL Top Marques in A1 demeanor APPRECIATE and don't fall.

 

This really was a future investment for her to enjoy.

 

Now at the time of looking for this car there WERE and still are EXAMPLES (NOT similar in condition and pedigree to my mums) of M3's.

 

There are WELL used 1996's and there are WELL used 1996's!!! These fetch around 5000-6000 depending on who's willing to take a risk on them.

 

We, my mother and i weren't prepared to do that, we did our homework and we payed OVER £3000 MORE than what alot of these go for because we knew we were getting an ABSOLUTE emerald of a find.

The car was THAT mint that the local BMW specialist garage offered to buy the car for £11,000 cash when she took it to their garage.

The insurance company have now accepted the claim and have made a paltry and insulting offer of £6000...! Take off the £500 excess...

 

My mother paid £9300 for hers, and also provided the car with nearly £2000 in care.

To get one back of such rarity (colourwise, which is unlikely to happen anyway) is simply not going to be possible with £6000. She will have settle for an abused, unlooked after, common, not worth the money example and i'm determined to not let this happen to her.

 

Do we have a leg to stand on??

 

I HAVE however found better examples towards the £9000 mark but are the insurance company like to pay £3000 MORE than their first offer...even though we also have paperwork proving what the car cost only 5months ago and receipts for the nearly 2grand work...

 

Please help. My mother would stand to lose a ridiculous amount of money.

 

If they don't offer what the car is worth can we request that they put the car BACK on the road in the immaculate condition it was in before it was stolen. Bearing in mind it was BADLY written off and would cost them a FORTUNE...

 

Can we use this as a bargaining tool??

O r where do we stand in accepting a lower claim figure (£6k-£7k) and requesting to have the car back aswell (to try and salvage for parts to sell)...??

 

Many thanks for ANY help you offer.

 

Have to talk to the valuation team again today so any help appreciated.

 

 

 

Edited out the Dealers name

Edited by CousinAvi
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First off you CANNOT insist that they repair your car, not even a Court of Law would agree with you on this. If it costs more to repair your car than the car is worth then it is a write off, threatening them or trying to use this as a bargaining tool is a no go.

 

Second off, and I'm sorry to say this, but what you did to the car in terms of maintenance etc after you bought it is again irrelevent. I appreciate you may have spent £2000 on engine work, but that actually adds nothing to the value of the car, unless of course you added something of monetary value to the car that wasn't there before.

 

Insurers work off of guides, in the main it is Glass's Guide or Parkers, this tells them the current market value of most current cars, but in certain cases the value doesn't truly reflect the car that was written off.

 

What you need is hard evidence that the car was worth more than they are offering. Start by looking in Auto Trader or other such places to find a make and model match, then find one as similar in condition and mileage to what yours was. This is your argument with the valuers and it's your best way forward.

 

Ask your insurers for a valuation where you retain the salvage, they will deduct from your offer the best price they receive in bids from salvage yards, that way you can weigh up if it's worth repairing yourself.

 

Mossy

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Kinda what i was thinking...many thanks.

 

With cars like this though having the vvt unit replaced which at a dealer would cost 3k + DOES add value. It means whoever buys doesn't have to outlay this cost ever. The engine is safe for another 200k and it's one of THE main issues when buying this particular car...

 

Now probably gonna have o settle for one that hasn't had the vvt unit replaced...

 

But anyway, i shall take you helpful advice. Onwards!!!

 

:)

 

Many thanks.

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Second off, and I'm sorry to say this, but what you did to the car in terms of maintenance etc after you bought it is again irrelevent. I appreciate you may have spent £2000 on engine work, but that actually adds nothing to the value of the car, unless of course you added something of monetary value to the car that wasn't there before.

 

 

 

Mossy

 

Turns out it wasn't irrelevant...they just increased their offer to £9000!!!!!!!!!

 

Can't believe it, the valuer i spoke to Alex Collinson, who is an absolute asset to Aviva actually had the sense to realise that this money had been spent on the car making it far and above an impeccable example compared to what could be bought for £6k and took just 20minutes to come back with a counter offer of £3000 more!!!

 

Needless to say, my mother is happy, Aviva have done a FANTASTIC job in handling her claim and she will be continuing to insure with them WITHOUT FAIL for as long as necessary.

 

Plus Aviva will be receiving a letter of thanks and sheer satisfaction at the professional, prompt, courteous and personally caring manner in which they dealt with my mothers claim.

 

Alas!!! A happy ending!! :)

 

Thanks you for your advice Mossy.

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