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    • Wheels and wheel bolts are clearly mechanical. You're dealing with an organisation here which is gearing up to deny liability. I disagree that the bank can't do anything – and you ought to contact them again and tell them that you are complaining. You are the customer and you are giving them a direct instruction. But in writing – but tell them that you are making a claim immediately and you want reference number for the ombudsman. If Turo are simply an agency which introduces you to someone who is renting out their car, on what basis have they taken the money? It's clear that their status is far more and some independent party not involved in the contract – and at the very least, by taking money I think they have implicated themselves into the contract. I suppose it's a bit like travel agents who when things go wrong, try to say that they are simply an agent and they are nothing to do with the airline or the with the hotel et cetera.
    • Hi sorry for the big paragraph. Will take note.    Thanks for all the advice. I had rented the car for 4 days and it had been fine. On the last day I pulled of and it was like the wheel was egg shaped (ride was really bouncy) I then began to pull over as this was not right and then I felt the whole wheel come off.   I don’t understand how they can say this isnt mechanical. It’s not like I was driving crazy and smashed into a parked car.    As for how how turo works. You can privately advertise your car on there for rental but get all the perks of insurance and guarantee etc. You don’t actually hire the car from turo it’s similar to how air bnb works.    I need to to look into their insurance policies regarding modified parts and whether they were actually notified as the car would have been voided for rental.    I spoke to my bank before I made the post and they said they can’t do anything as the amount is in pending transactions and sometimes rental companies take money if they’re not satisfied with the condition of the car. I am currently on hold to them to see if I can request a chargeback as I didn’t actually know what the correct term for what I needed was.    How do they have the power to do so as I cannot take my initial rental fee back for unsatisfactory service. I had just driven 100 miles with my 7 year old daughter in the car beside me. Luckily she wasn’t with me when the wheel had come off.    Again, thanks for your help guys
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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Inurance co withholding NCD


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I'll try to keep this as brief as possible.

 

A while back some one bumped my wifes car while she was parked in a car park putting shopping in the boot. Other party admitted liability.

 

Wife contacted her insurance and notified them but stated that she was unwilling to shell out the £350 excess and that she would wait till other party had contacted them to confirm liability.

 

Eventually wife got a text from her insurance saying that other party had admitted liability and the excess would be waived. Car got repaired and returned. All good so far.

 

Now she's been contacted by her insurance saying she will have to consent to their lawyers starting a claim action against other party insurers as they are now refusing to pay. Fair enough.

 

What's got my goat is they're refusing to reinstate her NCD until they get their money back.

 

In view of the fact that the other party have already admitted liability are they within their rights to do this?

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They may well be. It used to be a safe driver discount. Now it is just another way of keeping more of their customers' money.

 

Just wait - you haven't seen the worst yet. You may well find that they consider that it isn't worth pursuing so that there will be no liability and your will lose your NCD permanently. After all, why should they incur legal costs in a small claims action when you have already contributed £350 to the damage - plus you will pay higher premiums in the future.

 

You need to look carefully at your T&Cs and consider ICOBS

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Yes this is the standard practice of Insurers. If they have a loss on their books, they withold the NCD until they get their money back and will then reinstate it. The third party insurers are just playing games to delay handing over money. Or perhaps the third party insurers have new information about the accident and now think they can dispute liability.

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They may well be. It used to be a safe driver discount. Now it is just another way of keeping more of their customers' money.

 

Just wait - you haven't seen the worst yet. You may well find that they consider that it isn't worth pursuing so that there will be no liability and your will lose your NCD permanently. After all, why should they incur legal costs in a small claims action when you have already contributed £350 to the damage - plus you will pay higher premiums in the future.

 

You need to look carefully at your T&Cs and consider ICOBS

 

The Insurers will pursue it for the repair cost of the car including this excess amount. Insurers don't normally just accept writing off the money and then just penalising their policyholders. It can happen, but it is not a good idea for Insurers to do this as standard practice, as word gets around the industry.

We could do with some help from you.

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They may well be. It used to be a safe driver discount. Now it is just another way of keeping more of their customers' money.

 

Just wait - you haven't seen the worst yet. You may well find that they consider that it isn't worth pursuing so that there will be no liability and your will lose your NCD permanently. After all, why should they incur legal costs in a small claims action when you have already contributed £350 to the damage - plus you will pay higher premiums in the future.

 

You need to look carefully at your T&Cs and consider ICOBS

 

But that's the point. The other party admitted liability and the £350 excess was waived. So they've had nada.

 

To be honest the bill they're chasing is probably quite a lot as they took 2 weeks to fix a very minor ding and gave her a courtesy car that cost 70 odd quid a day so I'd imagine they'll be quite keen to get reimbursed.

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When you go to your new insurer see if you can get them to agree to apply the NCD retrospectively once it's restored by your current insurer (you'll need to call them for this).

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They may well be. It used to be a safe driver discount. Now it is just another way of keeping more of their customers' money.

 

Just wait - you haven't seen the worst yet. You may well find that they consider that it isn't worth pursuing so that there will be no liability and your will lose your NCD permanently. After all, why should they incur legal costs in a small claims action when you have already contributed £350 to the damage - plus you will pay higher premiums in the future.

 

You need to look carefully at your T&Cs and consider ICOBS

 

Had a look at the T&Cs and it states the following:

 

"No claim discount

 

The following will not reduce your no claim discount:

• payments made under Section 4 (Windscreen damage)

• payments for emergency medical treatment fees under Section 1 (4)

• accidents where you are not at fault, as long as we have recovered all that we have paid from those who

were responsible.

• accidents where you are not at fault and those who were responsible were not insured, as long as they are

identified."

 

 

I wonder if this has ever been successfully callenged.

It seems to me to be a very unair condition of the policy.

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They are fully within their rights to do this, the FOS website will be full of failed challenges, citing the bonus being a no claim bonus, not a no blame bonus.

 

There's nothing stopping you giving the third party insurer's (not the third party themselves) a call to find out what's going on, it might not go down well, the third party insurer may tell you to get lost, but at least you'll get an idea of what's going on. If I was to take an educated guess it's the hire claim that's messing things up somewhere along the way.

 

There'd no harm in being a nusiance, especially if you'e moved insurers, sometimes it's the only way to get results.

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They are fully within their rights to do this, the FOS website will be full of failed challenges, citing the bonus being a no claim bonus, not a no blame bonus.

 

There's nothing stopping you giving the third party insurer's (not the third party themselves) a call to find out what's going on, it might not go down well, the third party insurer may tell you to get lost, but at least you'll get an idea of what's going on. If I was to take an educated guess it's the hire claim that's messing things up somewhere along the way.

 

There'd no harm in being a nusiance, especially if you'e moved insurers, sometimes it's the only way to get results.

 

Strangely there's no mention in their T&Cs about NCD entitlement being at their discretion.

It just says that as long as they get paid you'll get it back.

 

Bearing in mind that the other party admitted liabilty, what would happen if:

 

They DON'T reinstate her NCD and she goes to another company and they ask if she's had any at fault claims in the past 5 years ? The answer would be no.

 

Next question. How many years NCD do you have? The answer would be down to whether current insurer managed to get paid or not?

 

I can't see that standing up to a challenge to be honest.

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Hi Travis, I'm not sure about the discretion issue, I can't see that worded any where , what the insurers are clear about is the word will, instead of may or might, and then put a discretion statement, if there is more, you may have them on that point, otherwise I don't tank the wording can be any clearer than that. If there are misconceptions about what the bonus is, that is the consumers error, as again no claim bonus is what it says it is.

Re the questions, this will depend on what has been told to you, if you have been advised you can tell the new insurer this information, they are in the wrong. This may be a different turn to the complaint, but it will have to be proven they have done this.

My advice is not to try to find fault in the wording, too many people fail on this, just complain about the basic facts I am not happy because this should be straight forward it is affecting my new premium, why is it taking so long, what is the problem, what have you done about it, what are you going to do about it, and be ahead, if they start blaming the other side, ask for their telephone number..... See if they suddenly change tone. ........ Make them work for it.

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You paid no excess and were provided with a replacement car at a cost of £70 a day, it sounds like you made no claim from your Insurance but that it was passed to an accident management company who provided a car and the repairs and will be claiming the money direct from the third party.

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If an ongoing claim is shown as beign 'open' i.e money not recovered then it is generally listed as a 'Fault' however some insurers still allow NCD on these.

Edited by gordieglqasg
talking nonsense sorry!!!!
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