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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Car Wrote off by ins co and offering low amount to replace?


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I am looking for some advise here please on the following problem i have.

 

My car has been flood damaged and recently wrote of by my car ins as a Cat B. The car is a 2006 (56) plate Zafira 2.0T Design model done 67k in mint condition with recent bills for £2500 spent on engine work etc, I have looked around for these for sale online and there are only 6 on the auto trader in the design trim, others are Sri which my ins are totalyl dismissing as i have the design model not the Sri ....

 

The 6 cars i have seen are :

07 plate with 61k at £3995 private seller 63 miles away

56 plate with 65k at £4750 private seller 70 miles away

57 plate with 38k at £4795 trade seller 80 miles away

57 plate with 38k at £4995 private seller 88 miles away

57 plate with 53k at £5200 trade seller 33 miles away

57 plate with 48k at £5490 trade seller 48 miles away.

 

The problem i have is it seems these cars are quite rare, so i am struggling to get evidence together for what the car is worth, the ins has offered me £4300 first offer, and now £4670 which is the glass guide price. I have the normal £200 excess which i know i have to pay out of the money. I have argued the toss that with the offer i can only buy one of the cars out of the 6 and i thought the valuations had to be local to me... but the ins co say i am unable to include the last 4 cars as they are newer with less miles and the cars do not have to be local...

 

Could someone please give some advise here as the ins co will not offer a higher amount and are advising me to go to the financial ombudsman if i am not happy as they insist they are within their rights. if its a fair offer then i may need to accept as i need a car for work, as im borrowing a friends at mo.

 

Any help would be great.

 

Regards

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I've recently been in a similar position, I could not get them to increase the valuation other than a couple of hundred. Even though my car was low mileage, fdsh, full mot etc. They seem to go by the valuation guide and stick to it.

 

I presume you have searched all the common car sites? e.g Autotrader, Adtrader, Gumtree, searched google.

 

I had loads of issues with my claim as the garage that declared it a write off lied and caused more damage than when I took it in. They were hoping to get the extra money in repair bills via insurance.

I would recommend to anyone who has had a car written off to ask for a list of the items that need repair. Personally from my experience I do not trust any of these kind of garages that have been recommended by insurance companies.

In the end the garage had to fix all the damage and I was given a life time warranty and also the car was checked over by an external garage.

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Insurance companies never give you what you paid for the car, they don't even give you enough to replace a car like for like. You met need to add money on top to buy another similar car as this is what the insurance companies expect

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Insurance companies never give you what you paid for the car, they don't even give you enough to replace a car like for like. You met need to add money on top to buy another similar car as this is what the insurance companies expect

 

Thankyou for your replies, i appreciate all input.

 

This is the first time in 18 yrs of driving i have ever made a claim, so unsure of the procedures etc. But if ins co's are known not offer a suitable amount to replace like for like, with the expectation of you adding extra money to purchase the same car you have insured with them, its surely a big con? i thought this was the whole idea of insurance, so you can replace your car if its damaged lol. but having just looked on web, it seems this is the case :jaw:

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Adverts on Autotrader etc are not the correct way to value a vehicle for a write off as the prices advertised are the starting price the seller is willing to negotiate from, I pretty sure if you turned up at the 56 plate sellers home you would offer between £4250 and £4500 and they would bite your hand off.

 

If you do try to use Autotrader etc to bargain against your Insurer, the adverts must be for exactly the same make and model and must be the same year so only the 56 plate advert is relevant.

 

The correct way to value a write off for(The vast majority of) Insurance purposes is by using Glasses, Cap and Parkers

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If you feel the amount is unreasonable and a breach of your insurance contract (which will say what you are entitled to), then send them a clear letter before action followed threatening small claims court proceedings, and then take them to court if you still don't get a sensible result. I think this is often the only way to get anywhere with some insurance companies. I dealt with exactly the same issue before and the insurer soon backed down and paid a reasonable amount when faced with a proper LBA.

 

You could use the Ombudsman but I understand they have quite a backlog at the moment.

 

Of course you could always offer the Glass' price to the sellers and see what they say.

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