Jump to content


  • Tweets

  • Posts

    • Is it unusual for them to have all the documents they have provided so far?
    • That still leaves it unclear if: a) you “made a mistake” and accidentally bought the wrong ticket (only to Three Bridges), or b) You had a “moment of very poor judgement” and deliberately bought a ‘short ticket’ It can’t be both.   Climb off the fence you are sitting on, it’ll give you splinters............ at the moment you are trying to hedge your bets but it is obvious that is what you are doing, and as a result: why should they believe the rest (expressions of regret, won’t do it again, sole income earner who will lose their job, etc.)
    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
  • Our picks

Doppa

Aviva threats and inaction after no-fault accident

style="text-align:center;"> Please note that this topic has not had any new posts for the last 851 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

Aviva are my car insurer and I thought they were supposed to be on my side!

 

A young girl ran into the back of my car in March 2016.

I was turning left at a roundabout and pulled up and stopped to let a car pass.

 

At this point there are road humps and an island and there is not room for two cars to be alongside each other but she thought otherwise and ploughed ahead and damaged the offside rear corner of my car.

 

She drove straight onto the roundabout and I got out to beckon her to come back which she did.

She admitted it was her fault and we exchanged insurance details.

 

My car was scraped and the bumper was cracked but as it was so old I decided not to make a claim as it would have been written off as uneconomical for repair and I was looking for a new car anyway.

 

I thought I was doing her a favour by not making a claim but at the end of April I got a letter from Aviva asking about the accident as she had obviously reported it.

 

after many phone calls to Aviva each taking about 40 minutes to get through and having to explain everything over and over to each new person, I gave up trying.

 

I'd sent pictures of the damage to my car and said I did not want to claim against her as the car wasn't worth it and was probably only worth around £100 trade-in value.

 

It is now 15 months since this started and Aviva have only ever contacted me to threaten that it may involve a reduction in my no claims bonus.

 

I have no idea what is happening and, as I said, I gave up trying to get through to them as it was a fruitless waste of time.

 

I have done everything they asked but their only contact has been these threatening emails about my no claims bonus - sent from an unattended email address that I can't even reply to.

 

My insurance is coming up for renewal again in August and I feel trapped with Aviva like I was last year because I can't genuinely say I have not been involved in an accident and yet I am the innocent party but am in limbo.

 

How long does it take to finalise something like this?

I'd be grateful if I could get some help to finally bring this to a conclusion.

Share this post


Link to post
Share on other sites

You should have inforned Aviva straightaway after the accident in accordance with the policy terms. Leaving it until the third party makes a claim has put you in a situation, where Aviva are making a judgement about you not reporting it earlier. It might be that Aviva are considering noting a fault claim on your policy record and paying the third party.

 

Suggest you write to Aviva by recorded post fully explaining your position hoping that Aviva don't pay the third party, otherwise your future Insurance will be a lot more expensive with a fault accident


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

Share this post


Link to post
Share on other sites
You should have inforned Aviva straightaway after the accident

 

I realise that now but since I was the injured party it never occurred to me that she would report it herself. I thought I was doing us both a favour from having all the hassle.

 

I have already explained to Aviva all the circumstances and sent emails, letters and pictures and have requested updates but I have had nothing back, not even an acknowledgement. The last real contact I had from Aviva was July 2016 when they said:

 

"I can confirm that liability for this claim is in dispute, and we are awaiting a reply from the third party insurer. I will chase this up with the primary handler of this case."

 

Needless to say, nothing happened. I was hoping to be able to contact someone from Aviva on here to beg their help.

Share this post


Link to post
Share on other sites

Not seen an Aviva rep on CAG for a long time.

 

Do Aviva have an online complaints system ?

 

It might be the third party has given incorrect information about the accident making it look like you were at fault.

 

 

You can ask Aviva for copies of what the third party has said, to see whether they have provided false information.


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

Share this post


Link to post
Share on other sites
Not seen an Aviva rep on CAG for a long time.

 

Oh that's disappointing. That's why I signed up here as I thought I stood more chance of getting through to someone in this country who could understand my problem but it looks like I've hit another brick wall.

 

I'll have to try and find a complaints process on the Aviva site again but I'm sure I tried that months ago and gave up without success.

 

I did ask Aviva for copies of what the third party had said but of course nothing was ever sent although it was promised.

 

This is just a nightmare.

Share this post


Link to post
Share on other sites

I am sure if you contacted their head office with a complaint, you will gain a response.

 

Email officeoftheceo@aviva.com

 

Telephone 020 7283 2000


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

Share this post


Link to post
Share on other sites

Thanks Uncle Bulgaria, I may well do just that. I have never signed in to my Aviva account since I renewed my insurance last August but I think I will take a look shortly.

 

I usually change my insurer every year to whoever is cheapest/best value and last year felt obliged to stay with Aviva and this year I think I'd rather pay extra than stay with them after this fiasco. They make it impossible to contact them. Maybe that's their plan so people just put up and shut up.

Share this post


Link to post
Share on other sites

Hello there.

 

I've sent a message to the Aviva rep asking them to have a look at your thread. They may not be here over the weekend of course.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Oh thank you very much Honeybee, that's great!

Share this post


Link to post
Share on other sites

I have found an online complaints process on the Aviva site which I will try but I'd like to see if Honeybee's Aviva rep replies first.

 

I have signed into my Aviva account but there is no mention of any ongoing claim. As the whole policy is based online I find this rather odd but, given my experience so far, I'm not surprised.

Share this post


Link to post
Share on other sites
Aviva are my car insurer and I thought they were supposed to be on my side!

 

A young girl ran into the back of my car in March 2016.

I was turning left at a roundabout and pulled up and stopped to let a car pass.

 

At this point there are road humps and an island and there is not room for two cars to be alongside each other but she thought otherwise and ploughed ahead and damaged the offside rear corner of my car.

 

She drove straight onto the roundabout and I got out to beckon her to come back which she did.

She admitted it was her fault and we exchanged insurance details.

 

My car was scraped and the bumper was cracked but as it was so old I decided not to make a claim as it would have been written off as uneconomical for repair and I was looking for a new car anyway.

 

I thought I was doing her a favour by not making a claim but at the end of April I got a letter from Aviva asking about the accident as she had obviously reported it.

 

after many phone calls to Aviva each taking about 40 minutes to get through and having to explain everything over and over to each new person, I gave up trying.

 

I'd sent pictures of the damage to my car and said I did not want to claim against her as the car wasn't worth it and was probably only worth around £100 trade-in value.

 

It is now 15 months since this started and Aviva have only ever contacted me to threaten that it may involve a reduction in my no claims bonus.

 

I have no idea what is happening and, as I said, I gave up trying to get through to them as it was a fruitless waste of time.

 

I have done everything they asked but their only contact has been these threatening emails about my no claims bonus - sent from an unattended email address that I can't even reply to.

 

My insurance is coming up for renewal again in August and I feel trapped with Aviva like I was last year because I can't genuinely say I have not been involved in an accident and yet I am the innocent party but am in limbo.

 

How long does it take to finalise something like this?

I'd be grateful if I could get some help to finally bring this to a conclusion.

 

Hi Doppa,

 

I'm sorry to see that you have not received the usual high level of service from our claims team.

 

So I can look in to this for you, please could you send us an email to social@aviva.co.uk with your full name, DOB, postcode, contact and policy number? We will then be able to liaise with the claims team who are looking after your claim to investigate and arrange a callback.

 

Kind regards ~ Mike


Social Media support - Aviva

Check out our website @

www.aviva.co.uk

Share this post


Link to post
Share on other sites

Hello Mike,

 

Thank you so much for responding to my dilemma and also thanks to Honeybee for her help.

 

I have emailed you with the details you requested and hope you can finally help me sort this out.

Share this post


Link to post
Share on other sites

Hi Doppa.

 

I've checked our mailbox and unfortunately cannot see an email from you.

Please make sure it is input correctly (social@aviva.co.uk).

I'll keep an eye out for your email & help you to the best of my ability.

 

Kind regards, ~ Tasha


Social Media support - Aviva

Check out our website @

www.aviva.co.uk

Share this post


Link to post
Share on other sites

Hello Tasha,

 

I have sent another email with the details but the addresses are correct so I'm hoping you will get it this time.

 

Thank you.

Share this post


Link to post
Share on other sites

Hello Mike/Tasha,

 

I'm hoping that you have received the second email but just in case you haven't I have sent a third using another email address.

 

I hope you can let me know if you now have it.

 

Thank you.

Share this post


Link to post
Share on other sites

I am totally disgusted with Aviva.

 

This morning I received a letter dated 5th July saying that the third party insurer have offered to resolve the matter on a 50:50 liability basis and if I wish to dispute liability I need to provide more evidence or an independent witness.

 

It would seem that I have no protection from Aviva at all. What evidence can I provide without webcam footage or witnesses? The only thing I have is a picture of the junction concerned where it makes it obvious that there is not room for two cars to pass side by side. I did call a no-fault solicitor the day after the accident but even they said my car would be written off and their focus was on sustained injuries.

 

According to this thread, http://www.consumeractiongroup.co.uk/forum/showthread.php?470365-Insurance-company-accepting-50-50-liability-against-my-will!! - I may as well give up now!

 

Now I know why Mike and Tasha have not responded. I have 14 days to respond to the letter. What a joke! I've only been waiting for 15 months! This letter appears to be from the same faceless call centre so I feel totally ignored again.

 

Can anyone advise me what to do?

Share this post


Link to post
Share on other sites

as we have an Aviva forum

I've moved you there .

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
I am totally disgusted with Aviva.

 

This morning I received a letter dated 5th July saying that the third party insurer have offered to resolve the matter on a 50:50 liability basis and if I wish to dispute liability I need to provide more evidence or an independent witness.

 

It would seem that I have no protection from Aviva at all. What evidence can I provide without webcam footage or witnesses? The only thing I have is a picture of the junction concerned where it makes it obvious that there is not room for two cars to pass side by side. I did call a no-fault solicitor the day after the accident but even they said my car would be written off and their focus was on sustained injuries.

 

According to this thread, http://www.consumeractiongroup.co.uk/forum/showthread.php?470365-Insurance-company-accepting-50-50-liability-against-my-will!! - I may as well give up now!

 

Now I know why Mike and Tasha have not responded. I have 14 days to respond to the letter. What a joke! I've only been waiting for 15 months! This letter appears to be from the same faceless call centre so I feel totally ignored again.

 

Can anyone advise me what to do?

 

Hi Doppa,

 

My apologies for the delay in responding to you via this thread. I attempted to leave a response on this thread however for one reason or another, this does not seem to have come through.

 

I did respond to the email you sent to our mailbox (social@aviva.co.uk) at 14:39 which you confirmed you had received my reply shortly after. Just in case you overlooked my message, your details have been passed on to the team looking after your claim to look in to your concerns and a member of the team will be in touch within 2 working days, which should be by the end of tomorrow (13/07/2017).

 

In the meantime if you have any more question or concerns that you'd like me to pass along, please feel free to send these over via email to the address above.

 

Kind regards ~ Mike


Social Media support - Aviva

Check out our website @

www.aviva.co.uk

Share this post


Link to post
Share on other sites

Thanks for your quick response Mike. I apologise if the letter I received today is a coincidence, but I assumed it was the response you mentioned in your email message that I'd be contacted within 2 days.

 

My questions and concerns are as in my previous post. How can I prove anything? What are the consequences of accepting a 50:50 liability? What other choices do I have if I dispute liability?

Share this post


Link to post
Share on other sites
Thanks for your quick response Mike. I apologise if the letter I received today is a coincidence, but I assumed it was the response you mentioned in your email message that I'd be contacted within 2 days.

 

My questions and concerns are as in my previous post. How can I prove anything? What are the consequences of accepting a 50:50 liability? What other choices do I have if I dispute liability?

 

Hi Doppa,

 

No need to apologise, I can understand that you would have thought that the letter would have been in relation to your conversation with ourselves however, to have received a letter today, it would have been too quick if it was a reply to your message from yesterday. The team should be in touch with you by phone, that way you will be able to discuss your claim in more details and the claims handler will be able to answer all your questions.

 

I have passed on your recent comments to the team and they'll be in touch by the end of tomorrow.

 

Regards ~ Mike


Social Media support - Aviva

Check out our website @

www.aviva.co.uk

Share this post


Link to post
Share on other sites

I have just had Jason from Aviva on the phone. I am gobsmacked. Apparently this girl has made a claim against me for £1,350 for damages to her car! She claims I changed lanes at the last minute. As I was stationary that would have been rather difficult. But even if that were true she definitely would have crashed into the bollard in the middle of the road as that means there would have been even less room across the two lanes.

 

To top it all I can no longer make a counterclaim against her as I no longer have the car. I'm totally determined now to fight this and I'm not accepting a 50:50 claim.

 

What's the procedure for a court case?

Share this post


Link to post
Share on other sites

What's the procedure for a court case?

 

From the perspective of you taking this to court, as you have no losses you cannot do this, only defend.

 

Without witness's this may very well end up 50/50 and if Aviva have taken a correct review of the situation and judged the reasonable prospects of success as less than 51% they would be correct. They have the right to insist on this, but the right exists with dealing with you fairly and handling the claim in a reasonable manner.

 

However........

 

Aviva have been pretty shocking in this matter so far, so prior to accepting liability (assuming there is no more evidence you can provide) , they need to at least put this in front of a solicitor to address the prospects.

 

Aside to this, Aviva have seemingly been useless, if they have only made 1 contact in 15 months, that is clear maladministration of the policy, they need to address that and compensate you for it.

Share this post


Link to post
Share on other sites

The first thing Jason (Aviva) said when I told him I wasn't prepared to accept a 50:50 blame was would I be prepared to go to court? I said hang on, surely the next step is to go back and forth between parties and if no solution can be obtained then court would be the final option.

Share this post


Link to post
Share on other sites
The first thing Jason (Aviva) said when I told him I wasn't prepared to accept a 50:50 blame was would I be prepared to go to court? I said hang on, surely the next step is to go back and forth between parties and if no solution can be obtained then court would be the final option.

 

It is a final option. From the perspective of the claims handler, they need to know are you committed to going that far. A lot of people will fight, but when court is mentioned they won't go that far.

 

Negotiation can only get you so far, and after this period of time and presumably inactivity from Aviva the otherside are now at the point of litigation.

 

If Aviva are looking to take this to court, pin them down, get them to confirm that they will be looking to defend this all the way, not just flip this on you and make it a simple resolve.

Share this post


Link to post
Share on other sites
Negotiation can only get you so far, and after this period of time and presumably inactivity from Aviva the otherside are now at the point of litigation.

 

I don't understand why the other side have not been pushing for this to be resolved either. Surely they have been badgering Aviva for settlement? If not then they have been inactive too.

Edited by Doppa

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...