DCA Pursuing me for an Insurance Company's hire car debt

[Minimabs]

Hi,

 

This is my first post and I am looking for some advice.

 

I was in a car accident some years ago and the other parties insurers asked me to deal directly with them

and they would pay for all my repairs and provide me with a courtesy car etc.

They sent me a courtesy car from a company called Drive Assist who then went into receivership shortly afterwards.

Because it all happened over 3 years ago I thought it was all done and dusted and had forgotten all about it.

 

 

A couple of months ago I got a call from a debt collection company explaining that Drive Assist had gone into liquidation

and that the other guys insurers had now refused to pay the debt folk for the hire car they promised to pay for.

They asked if I would help them etc and I said yes.

 

They have now started to threaten me and tell me that I have to pay the debt because his insurers have refused

and because I signed a credit hire agreement and that I am now liable for the debt.

They say that I must have hire the car from Drive Assist directly not via his insurers etc.

 

I have a letter from his insurance company that states they will pay for my repairs and supply me with a courtesy car.

The debt company say that I refused the courtesy car and went to Drive Assist myself to hire it.

But all the literature on the net says they deal with insurance companies etc being an accident management company

 

I feel that I am being conned etc by all of this big time but I can't afford a solicitor to fit on my behalf.

I am really out of my depth here.

 

Can anyone help please - I am desperate.

 

Many thanks

MM

[dx100uk]

firtly stop talking on the phone to them.

 

 

a DCA is NOT A BAILIFF

they have

BO SUCH LEGAL POWERS.

 

 

the fact that whomever has gone bust is not your problem.

 

 

whats this credit agreement you signed..did you?

 

 

dx

[Minimabs]

firtly stop talking on the phone to them.

 

 

a DCA is NOT A BAILIFF

they have

BO SUCH LEGAL POWERS.

 

 

the fact that whomever has gone bust is not your problem.

 

 

whats this credit agreement you signed..did you?

 

 

dx

 

Many thanks for your response.

 

The company who is chasing me is called Hamilton Claims Solutions.

 

The only thing I can recall signing for is delivery of the courtesy car and I think I did that on a hand held device (it was 3 years ago and early evening - so in the dark)

 

I believe that the car company or this debt agency have then copied my signature into a credit hire agreement. I can't obviously prove that and I don't have the money to pursue it.

 

The other party's insurance company sent me a letter saying they would pay for my repairs and give me a courtesy car. They now say that they won't pay for the car because I signed the credit hire agreement not them and I am liable.

 

Many thanks

MM

[dx100uk]

I think you'll find you poss signed a short term lease agreement not HP

 

 

BUT if they didn't send you copies of the agreement

they're up the creek without a paddle.

and even if they did I don't think its your problem.

 

 

pers I think you are being had here.

 

 

dx

[unclebulgaria67]

Hi,

 

This is my first post and I am looking for some advice.

 

I was in a car accident some years ago and the other parties insurers asked me to deal directly with them

and they would pay for all my repairs and provide me with a courtesy car etc.

They sent me a courtesy car from a company called Drive Assist who then went into receivership shortly afterwards.

Because it all happened over 3 years ago I thought it was all done and dusted and had forgotten all about it.

 

 

A couple of months ago I got a call from a debt collection company explaining that Drive Assist had gone into liquidation

and that the other guys insurers had now refused to pay the debt folk for the hire car they promised to pay for.

They asked if I would help them etc and I said yes.

 

They have now started to threaten me and tell me that I have to pay the debt because his insurers have refused

and because I signed a credit hire agreement and that I am now liable for the debt.

They say that I must have hire the car from Drive Assist directly not via his insurers etc.

 

I have a letter from his insurance company that states they will pay for my repairs and supply me with a courtesy car.

The debt company say that I refused the courtesy car and went to Drive Assist myself to hire it.

But all the literature on the net says they deal with insurance companies etc being an accident management company

 

I feel that I am being conned etc by all of this big time but I can't afford a solicitor to fit on my behalf.

I am really out of my depth here.

 

Can anyone help please - I am desperate.

 

Many thanks

MM

 

Suggest that you simply write to the third party insurers stating that they or their claims assistance company arranged a hire car via Drive Assist and agreed to pay for it. Send them copies of correspondence and tell them to pay the hire cost or you will issue a court claim against them.

[dacouc]

If you can find it on the web, I recall BBC Watchdog doing a feature on how DA do electronic signatures and then transfer them onto documents, the crux of the program was mainly about how their delivery drivers do not thoroughly check the cars prior to the hand over (After driving at break neck speed to deliver it on time) but make a very very thorough check when you hand it back over.

 

You may find it helpful as if I remember they changed their method of collecting signatures afterwards as it was on shaky ground

[Ganymede]

The debt company say that I refused the courtesy car and went to Drive Assist myself to hire it.

 

This is very important. Is this correct?

 

If, and it's a big if at this stage, you did sign a Credit Hire agreement yourself directly with Drive Assist then yes you are personally liable for the costs of the hire car if they cannot be recovered from the third party's insurer.

 

What happened in the accident? Did the third party's insurer accept liability for your accident?

[Bazooka Boo]

You are being had by the sounds of it.

 

If it's only three years ago, then a SAR to the relevant Ins Coy should flag up the so called 'agreement'.

[Minimabs]

I think you'll find you poss signed a short term lease agreement not HP

 

 

BUT if they didn't send you copies of the agreement

they're up the creek without a paddle.

and even if they did I don't think its your problem.

 

 

pers I think you are being had here.

 

 

dx

 

Thanks for your reassurance!

[Minimabs]

You are being had by the sounds of it.

 

If it's only three years ago, then a SAR to the relevant Ins Coy should flag up the so called 'agreement'.

 

HI,

 

Can you give me a bit more information about the SAR? Would the car hire company have sent things to them?

 

Sorry for my ignorance.

 

Thanks

MM

[Minimabs]

Suggest that you simply write to the third party insurers stating that they or their claims assistance company arranged a hire car via Drive Assist and agreed to pay for it. Send them copies of correspondence and tell them to pay the hire cost or you will issue a court claim against them.

 

Thanks for the response - I don't want to dig myself into a hole though!

 

MM

[Minimabs]

This is very important. Is this correct?

 

If, and it's a big if at this stage, you did sign a Credit Hire agreement yourself directly with Drive Assist then yes you are personally liable for the costs of the hire car if they cannot be recovered from the third party's insurer.

 

What happened in the accident? Did the third party's insurer accept liability for your accident?

 

Hi,

 

Yes the other parties insurers agree to cover the cost of repairs and car. I have no recollection of signing a credit hire agreement though. I wouldn't have done that because the other parties insurers wrote to me offering to pay for everything as a "gesture of good will."

 

Thanks

MM

[Mwynci]

What Ganymede is stating makes a lot of sense.

 

Having a letter from the other side is not enough, that is not an admittance to actually providing or appointing the hire company.

 

Questions,

 

 

Have you spoken to the third party insurer? if so what have they said, are they paying some, none, part, do they have the reasons? If they have the reasons, you need to know these, this could also be your argument (for example, not paying because DA left the car on your drive for 5 days before collecting).

 

Do you know who the third party appointed on your behalf? was it just a Garage, a Garage network, or Drive Assist direct?

 

Have you got a copy of the agreement?

[unclebulgaria67]

Thanks for the response - I don't want to dig myself into a hole though!

 

MM

 

The key question is whether you contacted Drive Assist to arrange the hire car ?

 

If you never arranged the hire car and it was dealt with by the third parties insurers, you should simply write to them telling them what happened and provide a copy of their letter. Ask them to pay the amount due, as it was their arrangement which they agreed to pay for. If they refuse to deal with it, then you should consider issuing a court claim.