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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
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Elephant Car Insurance - want to write off old car after i was hit at lights by HGV - not happy!


AnnC
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Really unhappy with Elephant Car Insurance.

 

My vehicle was hit by an articulated lorry which squeezed down the side of my car when there was insufficient room.

My vehicle was stationary at lights at the time.

There was a small amount of damage to the bodywork, but the car is drivable.

Its an old car W reg, but extremely reliable plus my 21 year old son can drive it.

 

I have now been advised that Elephant are going to write the vehicle off as not worth repairing.

They may give me about £200 for it and basically its a take or leave it kind of situation.

Surely this cannot be right.

 

Apparently if they were to repair the vehicle properly the other side with the irresponsible driver can complain and get away with paying the cost of repairing my vehicle.

In this economic climate I can't afford to find another £800 to buy another car, why should I be left without a vehicle when it is someone else's fault.

 

Maybe I should have made a whiplash claim or something along those lines, but my problem is I am too honest.

 

It has taken the other side 3 months to accept responsibility.

I bet they have only done so now because they know it is an old car and they will only be faced with paying the scrap value of £200 for my car.

 

In the meantime I am left without a vehicle.

Is there any forum or group I can add my complaint to, surely something needs to be done about this.

 

Elephant were happy to take my £1,200 insurance premium (due to my son's age) and less than 6 months later want to scrap the vehicle.

 

How convenient.

 

Any advice?

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Are you still in possession of the car Ann?

 

If so, you could get a quote for the repair and sue the driver of the truck or his company. Because we 'have' to have insurance, it doen't follow that we 'have' to use it. You can make a civil

claim against the other party as you are entitled to be put back into the position you were before the incident.

 

If you have a read of your policy, I bet you it doesn't say 'claim limited to £200'

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Thanks very much, never thought of that! I will definitely give it a go. The other side had failed to even admit liability for 3 months even though he hit my car when I was stationary at lights. Now all of a sudden they have accepted it. Doubtless they are under the impression that they can get the vehicle written off and only pay scrappage. My car is an old one, I accept that, but I need it and in the two years I have had it, it has never not started or let me down, so I want to keep hold.

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If you decide to go that way, you would send them a copy of the quote to judge their attitude, if it wasn't positive, then you get heavier.

 

You can use the small claims track up to £5,000 and do it on line. Have a read so you know who it works if you do go that way.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

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Don't go suing the other party, in my mind that's not the best way , their insurers (who the other party has paid to take on their risk and will therefore deal) will pick it up and produce a copy of the engineers report issued by your own insurer. The judge will tear you apart.

 

bottom line is you are only entitled to the pre accident value (it will say market value on your policy), you may be able to keep the salvage and repair it yourself (depending on the write off catagory), but it will always remain an ex write off (not that it matters on the age of the car as you will probably be the last keeper).

 

Check what value elephant have given you, they are well known for going in at a low price, ask them if they have given you glass's guide retail, and ask them to prove it. Under FOS guidleines (check out their website) they are to provide this unless they have good reason to.

 

Whilst you are not at fault, if your car was truly only worth £200.00 prior to the accident but you can't get another car for £800.00, your car was only worth £200.00 and that's all in law you can claim.

 

If your car was undrivable after the accident, there's nothing to stop you claiming loss of use of the vehicle, roughly £10.00 per day from the third party's insurer.

 

Right now you need to forget the blame issues and concentrate on making sure your own insurer gives you the right deal.

 

Let us know how you get on.

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check on parkers for a free market valuation as well

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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MwynciI am not asking for £800, I am asking them to repair the vehicle not write it off. It has been perfectly capable of being driven for the last 3 months and Elephant have been happy for me to do so, they haven't even bothered to get a quotation until very recent, and with a little work on the wing mirror and wheel arch, the car is perfectly capable of being driven for a good few more months.I have had another quotation of £150 to do the work and have asked Elephant several times now for the "approved" garages quotation so I can see what they are trying to claim needs doing. Albany who are supposed to be the firm arranging the work etc never answer their phone. Tried ringing them for 3 hours yesterday to ask them how much the garage has quoted, and just kept getting the message "there is no one here to take your call", mind you it is Christmas party season.I am not accepting that I should not have a car just because someone else can't judge how wide a road is.

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AnnC, where are Elephant coming into this, is it them or Albany dealing (as elephant legal expenses) if the latter, they (Albany) are dealt with by a seperate underwriter, it may be worth contacting them.

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Elephant are the insurance company but Albany are dealing with the repair. Or not dealing with it in this case. They don't respond to phone calls, emails or letters. They have now written asking my son to sign forms in order for them to claim back the repair expenses from the other side, which is a little confusing as they aren't intending to repair the vehicle. I suppose they mean the write off costs. What incentive is there for youngsters to insure their vehicles when this happens. My son tried to be responsible. He took out the insurance, and as he knew that he needed his vehicle, he paid the additional cost of taking out fully comprehensive insurance. At the first bump, the insurance company are trying to write off the vehicle. The person I spoke to at Elephant told me that for a car as old as his, (W reg) it wouldn't take much for it to be written off. He could have saved nearly £400 by just taking out third party and with what they are offering him now, he may have been able to purchase another car.Despite several phone calls, emails and letters, neither Elephant or Albany have put in writing their intention to try and write the vehicle off. In fact apart from Albany's letter asking my son to sign the forms, they haven't or won't put anything in writing. I am going to complain to the Insurance Ombudsman - for what it is worth.

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I have just had sight of the garage's quote. Bearing in mind it is to sort out a bump on the wheel arch and a couple of tiny marks on the passenger doors, they have quoted £1,703! Nearly £1,000 of that is for labour. They haven't even quoted for the wing mirror casing which is now missing. Obscene. No wonder the insurance company want to write the vehicle off!I am sure I can get another quote for the repair at a fraction of that.

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