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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I do see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
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Skyro

When does insurance company legally become the owner of a vehicle?

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My stationary car was hit in the aftermath of an accident between two other vehicles.

Made a claim via my broker/insurance company and the car has been uplifted by them to access damage/repair etc.

 

It is probably touch and go as to it being a write-off, so just interested to know at what point the insurance company becomes the legal owners of my vehicle? Is it when they make an offer and I accept, or before then?

 

Thanks.

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when you accept the offer and they then instruct you regarding the DVLA notification. If it was before then all it would take for someone to force you to sell them something at a price they set would be for them to make that offer. Case law goes back about a century and a half so you dont have to accept the first figure they come up with

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Insurers can become legal owner when the accepted claims payment is cashed in by you. But the Insurers may register ownership, as soon as you confirm acceptance. Either could be the case.

 

Some Insurers for example seem to send out a settlement cheque saying this is the amount they are willing to pay. If you cash the cheque you are really accepting the settlement.

 

You don't have to accept the write off, but the Insurers don't have to repair the car, if they feel it should be written off simply because the work required is too much, there could be unseen problems, costs could exceed write off value etc.

 

Some people opt to take their cars back to sort out minor repairs, if a write off does not work out for them. The problem you have is the settlement would be the cars market value, less the excess, less the salvage value and possibly less any Insurance premium left to pay, if you pay monthly. It won't leave you with much.

 

If you had a responsible third party and their Insurers will accept liability, it can be easier to resolve that way. Then you have no excess deducted, no remaining premium deducted. Claiming on your own Insurance and then trying to claim back afterwards from a third party can take a long time. You end up suffering through no fault of your own making.


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Thanks for the replies, appreciated. As I expected, they have written off as a Cat C. Currently in negotiations regarding their final settlement value.

 

They are very quick to send out cheques etc. and ask for V5C documents before you have even agreed to a settlement! Reasonably confident I can squeeze a little more out of them than they were offering in the first place, but we shall see... :)

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one problem is getting like for like. If you had a low mileage good conditioned car that was quite old it will cost you a damned sight more to replace then what they offer you for your car which will be the bottom end of the trade in value for a banger of the same marque. Ask them to go out and find you the same car for waht they are offering as a cash settlement.

I had that with a clai for a watch. They offered £500 for a £1000 watch so i asked them if they would pay for an identical watch if I could find one. They foolishly said yes I found one in Canada and surprise surprise they wouldnt buy it for me but did increase their cash offer to £800. Persistence pays

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