Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Hastings direct - non fault claim - absolute joke.


sarahleann
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2739 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi.

 

On 18/11/16 my car was legally parked outside my house and it was hit by another vehicle. It wouldn't lock so Hastings sent someone to tow it away.

 

2 days later I had a hire car dropped off and I was also contacted by a guy on behalf of Hastings who had 'evaluated' my car.

 

He told me it was a write off and offered me £500. I told him I thought it ws worth more so he asked me how much I bought it for. I got it for £500 but my stepdad is good friends with the seller so got the price down from £900. I was then told that you only "get what you paid for it". His valuation changed to £800 then to £700 and he told me not to tell Hastings how much i paid for my car.

 

A few days later i then got a letter in the post saying that i have to pay my excess of £250 as well as any remaining direct debit payments. I called Hastings to see if i could be paid out and use the money to get a car and then switch my policy over so that it didn't need to end. I was told i must either pay around £1000 or get a car to change my policy over to and they were my only options.

 

I made a complaint through email asking why the valuation of my car wasn't a true valuation and why I was being put out of pocket for someone else crashing into my car. I waited over a week for a response and never received one. I sent them another email asking for a response and still no reply a week later.

 

I got a call yesterday from Hastings direct asking what they could do for me. I asked if my policy could be put on to a car on my drive that has no tax or mot untill I get a car that I can use and was told I can but the people that deal with that stuff had their system down so to call today.

 

When I called the claims department today, I asked if the 3rd party had accepted liability for the claim. They said no and called them while I was on hold to check again. I was then transferred to the total loss department to be felt with for all my other enquiries.

 

I asked why I have had no updates or any kind of response since the claim and was told nothing. The girl on the phone refused to give me her email address so I could get her to confirm our conversation in writing. I said I wanted to dispute the valuation to then be told I would receive a cheque of £450 and its up to me wether I cash it or rip it up. I asked why I would be given a cheque if the claim was not settled to be told something about it being a legality.

 

I asked what happens if the claim is disputed to be told I need to wait another 14 days while my car is re evaluated.

 

I now need to inform the hire car company what is going to happen and it is up to them wether they take the car back and leave me without transport.

 

I am now going to be left without transport for an unknown period of time, I don't know if I will be able to receive a fair valuation of my car so can get another one of similar age, size, mileage ect..

 

Basically my insurance company have sat on their back side for almost a month doing nothing, letting me call them and chase them up for answers.

 

Any advise would help

Tanks

Edited by honeybee13
Paras
Link to post
Share on other sites

I gain that you know who hit your car.

Why didn't you go to their insurance???

Now you could do two things:

1. Accept your insurance settlement

2. Tell them to cancel the claim and start the claim with the third party insurance which will have to reimburse your insurance for the car rental and all other expenses.

Then they'll have to put you in the position you were before the accident, so go on auto trader, gum tree, eBay and find several cars same model, age and mileage as yours to understand the real market value of your car.

Link to post
Share on other sites

To be honest I didn't know I could claim through the 3rd party until after I contacted Hastings. I have never had to do anything like this before so its all new to me.

 

I have looked online and there is not really any cars with similar mileage and year and model ect..

It varies from £750 to £899 from what iv seen.

 

The hire car company are Auxillis and have to claim hire charges directly from Aviva. That's who the 3rd party are insured with.

 

I just feel like I am the one who has to do all the phoning around and as if I'm the one who is going to be at a loss for something I didn't do. I wasn't even in my car when it happened. I'm not sleeping, im stressed and I'm going to be inconvenienced.

 

Iv got 3 children so its vital I have transport.

Edited by honeybee13
Paras
Link to post
Share on other sites

To be honest I didn't know I could claim through the 3rd party until after I contacted Hastings. I have never had to do anything like this before so its all new to me.

I have looked online and there is not really any cars with similar mileage and year and model ect..

It varies from £750 to £899 from what iv seen.

The hire car company are Auxillis and have to claim hire charges directly from Aviva. That's who the 3rd party are insured with.

I just feel like I am the one who has to do all the phoning around and as if I'm the one who is going to be at a loss for something I didn't do. I wasn't even in my car when it happened. I'm not sleeping, im stressed and I'm going to be inconvenienced. Iv got 3 children so its vital I have transport.

 

It will take a lot of work, but they got to pay up.

Remember, record every telephone call.

This is a must!

Get calling tomorrow and if they don't start acting like grown up, write strong emails to ceo.

They have to put you in the same position you were before the accident, no excess, no rubbish valuations, no messing about.

As it's near impossible to fix everything by Xmas, they'll have to provide you with a car.

Don't give your credit card details to them even if Jesus himself asks for it.

It's their fault and they've got to pay for it, no mistakes.

Link to post
Share on other sites

It will take a lot of work, but they got to pay up.

Remember, record every telephone call.

This is a must!

Get calling tomorrow and if they don't start acting like grown up, write strong emails to ceo.

They have to put you in the same position you were before the accident, no excess, no rubbish valuations, no messing about.

As it's near impossible to fix everything by Xmas, they'll have to provide you with a car.

Don't give your credit card details to them even if Jesus himself asks for it.

It's their fault and they've got to pay for it, no mistakes.

 

When you say they have to put me in the same position I was in before the accident, is that a must or general practice. I will be emailing them in the morning AGAIN!

I'm sick of being fobbed off. I will also be contacting the 3rd party insurance company as well to make them aware of the increasing bill for the hire car. Hopefully they will want to deal with me quickly and fairly.

Thanks for the advise I will keep you updated.

Link to post
Share on other sites

When you say they have to put me in the same position I was in before the accident, is that a must or general practice. I will be emailing them in the morning AGAIN!

I'm sick of being fobbed off. I will also be contacting the 3rd party insurance company as well to make them aware of the increasing bill for the hire car. Hopefully they will want to deal with me quickly and fairly.

Thanks for the advise I will keep you updated.

 

Did you sign any agreement for the hire car ? If so, it may well say you are responsible for any amount that can't be reclaimed from a third party.

 

If the third party was at fault and there was no reason for not claiming from the third parties Insurers that was the best route. You really lost that route when you went to your Insurers Hastings.

 

Don't compromise your own position and Hastings by calling the third party Insurers. If you told them the hire car was longer than necessary because of a valuation dispute with Hastings, then they might not pay for some of the hire period. You are then faced with having to pay for some of the hire car period.

 

You really need to get the correct market value from Hastings that allows you to replace the car. Obviously the excess you will need to claim back from the third party insurers,

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

What the Loss Adjuster telling you about you only get what you pay for it and / or the amount you declared to the Insurer as the value is the maximum they will pay is B.S

 

The Ombudsman is very clear that if you made a mistake when declaring the value, or received a very good deal or the value of the vehicle has increased in the mean time, then your Insurer should pay the higher price.

 

Bear in mind the adverts you're looking at are generally regarded as the price the seller is willing to negotiate downwards from so be flexible when using adverts to back up your case

Link to post
Share on other sites

Today I got an email from Hastings. They are now investigating my complaint and want to resolve it within 4 weeks. If it takes longer they will be on touch no later than 29th Jan 17.

I emailed the car hire company letting them know and asking how long they will let me keep the hire car for without me incurring any cost to myself.

I'm thinking of contacting the 3rd party insurers to make them aware of the trouble I am beng caused as it may cost them more money. I'm hoping they will be able to give me a quote w are both happy with to save them any more fees and sorting it out faster.

Would this be an option or should I let Hastings complaints department deal with it now? I don't have a great deal of fait in them as they have done absolutely nothing to deal with the claim so far.

Link to post
Share on other sites

Sarah

 

Have you read my post of 9.01am this morning ?

 

You really need to think about what you are doing, as otherwise you will come a cropper.

 

The third party Insurers are not going to pay for a hire car for more days than is necessary. Anything they won't pay, you will get a bill for. Might be very expensive.

 

The hire car company upon receiving your email might be concerned about payment if you are having problems with the claim and look to come to collect the car. You might find yourself without a car, unless you are paying for it.

 

Given the value of the claim is fairly small, i should imagine that the third party insurers are not going to be that happy or helpful. After your complaint about value, if Hastings are happy with proof of the extra value of the car, it might be a few hundred more than their current offer. I should imagine that the hire car bill is already building up to a sizeable amount.

 

If i were in this position, i would just be telling Hastings to stop messing around, given the relatively small amount of the market value of the car being claimed for and the implications delay is causing with claiming back uninsured losses e.g hire car from third party insurers. There is no reason for Hastings not to resolve this quickly.

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

Hi all.

Just a quick update.

I called Hastings again yesterday and on Wednesday and I also emailed them to keep a record of everything.

Then today I got a call from the customer relations department who were extremely sorry for the way my claim was dealt with and he couldn't be any nicer if he tried.

Anyway, they increased the value of my vehicle to £820, then gave me £200 in compensation for my inconvenience, distress and their incompetence.

I would just like to say thank you for all your advice. If I ever need it again i know exactly where to come. Thank you again

Link to post
Share on other sites

Hi all.

Just a quick update.

I called Hastings again yesterday and on Wednesday and I also emailed them to keep a record of everything.

Then today I got a call from the customer relations department who were extremely sorry for the way my claim was dealt with and he couldn't be any nicer if he tried.

Anyway, they increased the value of my vehicle to £820, then gave me £200 in compensation for my inconvenience, distress and their incompetence.

I would just like to say thank you for all your advice. If I ever need it again i know exactly where to come. Thank you again

 

Glad you resolved it.

 

Whether it is Insurance or anything else, just realise that there is a process followed by companies and you can get sucked into it getting nowhere. Find out what you can from online information including CAG and then through positive engagement with companies, achieve the result you are looking for. Most people working for companies are going to be quite helpful, if they can understand what you want to achieve. Some people complain without actually saying what they want to happen, which is frustrating for people dealing with complaints.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...