Hastings direct refusing to pay garage storage fees - ** RESOLVED **

[gillia]

I am hoping someone can advise me on this forum, not sure if I am in the correct place.

 

Hastings Direct has refused to pay the storage costs for their clients car being held in our garage whilst they sorted out the claim.

It has been with us for 1290 days at a cost of £10 per day when the assessor eventually came out to assess the damage. The car was written off. As a gesture we agreed to freeze the charges at £1290. The car is still with us today.

 

Because there were complications with the customers claim it wasn't sorted for months and the customer had to involve a solicitor in order to fight his claim. The date of the accident was 11th March 2013 and the client was settled on the 16th October 2013

We periodically contacted Hastings to remind them that their charges were increasing and at no point within the corresponding did they inform us that they were not going to pay the fee.

 

The claim has been sorted and they have refused to pay the fee. After several emails they told us we could keep the car towards the cost but as we aren't breakers we declined their offer as the car is of no value now. They then offered to pay £500 less than half of the fee. We then asked if we could keep the car to scrap at a value of £160 which would at least replace some of the shortfall. They refused to let us keep the car. So we have an offer of £500.

 

Can anyone tell me if we have a case and what would be the best course of action to take.

[unclebulgaria67]

I replied on your other thread.

 

Legally, it would either be the owner of the car or whoever entered into the storage arrangement who would be liable.

 

If Hastings did not enter into a storage arrangement for which it was known to them what the fee would be, then you would have to seek relevant compensation from the owner of the car. So if you started a court claim against the car owner, they should then contact Hastings

and you may get a full settlement without need of a hearing. I just could not see the car owner or Hastings wanting to argue the toss in a court.

 

What Hastings are gambling on here is that you won't take this to court, because you could not be bothered. So they offer you £500, which you reluctantly accept or they can evidence to the court in a hearing as offering paying if it got that far.

 

Probably the best course of action for you at this stage, is to send a recorded delivery letter to the owner of the car, headed 'letter before action', in which advise them that it is your intention to issue a court claim against them for the cost of storing their car. Provide them with details of the storage. In the letter you can explain that Hastings have refused to settle the full storage cost, which has led to you to this unfortunate postion and that you suggest that they contact Hastings to see if you can avoid this court action. Give them 21 days to settle the full storage cost to avoid a court claim being issued.

 

If they don't pay, you could simply issue a small court claim using MCOL.

[gillia]

Thanks for your reply unclebulgaria67.

 

Looks like that will be our way forward. This is the first time we have come across this and have learned a great deal from the experience.

 

One thing for sure is we won't be recommending Hastings Direct to any of our customers. Their claims process has been a very long and disappointing process for their client.

[Hastings Direct. Joe - Soc]

Hi gilla, Thank you for taking the time to post. We are very sorry to hear about this situation, would you please be able to contact us directly so that we can help get this matter resolved? [email protected] Many Thanks, Jamie

[unclebulgaria67]

Thanks for your reply unclebulgaria67.

 

Looks like that will be our way forward. This is the first time we have come across this and have learned a great deal from the experience.

 

One thing for sure is we won't be recommending Hastings Direct to any of our customers. Their claims process has been a very long and disappointing process for their client.

 

If you know the Hastings policy information, it is worth going via Jamie to try to resolve this. Once these niggles get into the public domain, Insurers usually like to resolve them quickly.

 

Hastings are like any other Insurers. They have an obligation to minimise claims costs, so they will have procedures which try to achieve this. Sometimes it works and sometimes it does not. Depends on the person or trader on the receiving end of this minimisation exercise.

[Surfer01]

I am hoping someone can advise me on this forum, not sure if I am in the correct place.

 

Hastings Direct has refused to pay the storage costs for their clients car being held in our garage whilst they sorted out the claim.

It has been with us for 1290 days at a cost of £10 per day when the assessor eventually came out to assess the damage. The car was written off. As a gesture we agreed to freeze the charges at £1290. The car is still with us today.

 

Because there were complications with the customers claim it wasn't sorted for months and the customer had to involve a solicitor in order to fight his claim. The date of the accident was 11th March 2013 and the client was settled on the 16th October 2013

We periodically contacted Hastings to remind them that their charges were increasing and at no point within the corresponding did they inform us that they were not going to pay the fee.

 

The claim has been sorted and they have refused to pay the fee. After several emails they told us we could keep the car towards the cost but as we aren't breakers we declined their offer as the car is of no value now. They then offered to pay £500 less than half of the fee. We then asked if we could keep the car to scrap at a value of £160 which would at least replace some of the shortfall. They refused to let us keep the car. So we have an offer of £500.

 

Can anyone tell me if we have a case and what would be the best course of action to take.

Was the car involved in an accident and then towed to the storage compound? Where Hastings notified that the car was in storage and if so what measures did they take to reduce costs, i.e. did they advise the owner to have it towed elsewhere to a cheaper storage location? How long was it in storage before an assessor checked the vehicle?

[gillia]

Thank you for all your posts. We have come to an agreement with Hastings with regards the car. Your advice have been very helpful

[honeybee13]

Hello there.

 

I'm pleased you have a good outcome, at least I hope you're happy. Thank you for coming back to tell us, we like to hear the end of the story.

 

I'll amend your thread title.

 

My best, HB