Jump to content
  • Tweets

  • Posts

    • Apologies HB. Thanks for moving.   Thanks Emmzzi, just what I was looking for. That helps a lot.
    • Please monitor this thread for a reply later today
    • Plans for the Mitsubishi SpaceJet have been frozen due to budget cuts amid the virus downturn. View the full article
    • your right to reject has not been affected. at the very least you now have moved into the 6 months period where under the Consumer Rights Act you are entitled to give a single opportunity to repair after which you are entitled to reject the vehicle. maybe it will be a good idea to provide them with a letter to make  clear your position and what will happen if the whole matter isn't completely sorted out.   If that appeals to you then you might like to draft a letter and post it here and we can have a look. I think it's a good idea to state your position clearly so that nobody is in any doubt.   in terms of your part exchange vehicle, if you reject your new car then they will be obliged to refund you the entire asking price of it. In other words they will be obliged to substitute a money value for your old vehicle.   it might be worth stating that as well in your letter for clarity. I would suggest that in the intervening time it would be worth making a list of all the losses that you have suffered as a result of this situation and then if it looks like a worthwhile figure then we can help you claim it back            
    • Morning dx its signed, will post a picture when I get back from work what they sent her and have a read of some of the thteads you mentioned.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 2269 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello,

 

If I think that an insurance company is deliberately taking its time in paying me my claim, can I go to court and request that a Judge make an order for specific performance so that the insurance company then has to pay me?

 

If so, how do I go about this?

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

Link to post
Share on other sites

hi again honeybee! you must have a very good memory!!!

 

yes, it is the Hastings claim. http://www.consumeractiongroup.co.uk/forum/showthread.php?425787-Car-theft-insurance-didn-t-pay

I started new thread for 2 reasons: So information given will be concise and not lost in amongst the Hastings thread so it can be found from other searches - and I don't want the Hastings rep (Jamie) to think I am being awkward in asking this since he is trying his best to help.

 

The reason I am asking about an order for specific performance is because I believe the insurance company have taken a long time to sort this claim out in the past, so much so that I had even forgotten about the claim for a few years!

 

Since seeing the insurance company on CAG, I remembered about the claim - and even now I believe they are taking a long time.

 

If the claim is not sorted out by the end of this week, then unless the insurance company inform me of a valid reason as to why it is delayed and provide me with an expected date of payout, then I would like to take this to court and make an order for specific performance to force them to pay me!

 

I have tried to read and learn about this, but there is very little info from google.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

Link to post
Share on other sites

Tactically, specific performance is not a good idea for you.

 

To start a County Court action and seek specific performance will require a part eight claim – increased claim fee and a far more complicated procedure.

 

The best way to concentrate the minds of the insurer is to issue a small claim for a modest sum of money to represent the inconvenience suffered so far. If you sue them for about £100, simply on the basis of a breach of contract – that it was an implied term of the contract that they would carry out their obligations within a reasonable time. If you can point to specific losses caused by their delay – then claim that as well in which case your MoneyClaim might be larger than £100. However, if it is simply that the whole thing is a nuisance and you want to get on with your life – then claim for £100. That will be enough for you to bring the claim and to make them realise that the whole thing is becoming a nuisance to them because you are persistent and aggressive complainer.

 

The chances are that it won't go to court but it will have the desired effect.

 

If you do get a £100 – it will probably because they settle and then if they still going to delay sue them again – and again – and again, although I don't expect that you would have to do it more than once.

 

The important thing here is that you achieve your desired result but you do it using the small claim system with all its simplicity and cheapness

Link to post
Share on other sites

The OP is living in Russia in the middle of nowhere, which appears to be behind the delays experienced. Also I think this claim event goes back years ago, when there were communication problems. The Insurance was apparently though Swinton brokers, with Hastings as the underwriters, so not a great combination for efficiency.

 

I think Hastings have been cautious here, by getting the OP to send them various documents. They also want to make sure there is a safe way to send any settlement money. So there are reasons for the delay, which no doubt Hastings would raise, if there was a court claim issued.

 

This may have a bearing on whether you believe issuing a court claim would be the best option.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hello BankFodder, thanks, your suggestion does seem a much better way. Also, if the insurance company is being slow in making payment then the customer can get the £100 figure as compensation, something which I am guessing would not be possible if making an order for specific performance!

 

UncleBulgaria, thanks for your help here and in other thread. I was not in Russia at the start of the claim several years ago. I understand the insurance company wanted to ensure that the money was safe as it was going into a different account but don't understand the reasons why it took such a long time.

 

Luckily, the insurance company informed me yesterday that payment should be in the bank account today.

 

 

So, to anyone who stumbles across this thread on search, if your insurance company is playing delaying games then the suggestions in post number 4 seems the right way to go!

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...