After Car Write-off - Auxillis Car Hire Costs Court Claim- ** RESOLVED - two insurers' solicitors settled out of court. no liability for me.**

[SuperVillain]

My mistake I thought you were asking for advice about your claim. 

[dx100uk]

what would I do...IMHO....discontinue the claim.

you are the claimant,

 

write to the court and the defedants solicitors, as such.

 

let the co-op and axa his insurance co. battle it out themselves.

the co-op shouldn't use Auxillis as they well know there are 1000's of bad reports about them everywhere inc here on cag.

 

his past misdemeanours and what you think of the insurance industry are immaterial.

[jack_riley]

Well thanks both of you.

I appreciate your advice is well meant, and I do accept that in my original post I included a question  "What should I do?"  which may have given the impression that I was seeking legal advice.

In fact I had already consulted and paid an independent solicitor to look over Principia's contract prior to signing it.

 

The question was in fact aimed primarily at others who may have been unfortunate enough to have had dealings with these crooks, and I apologise for not having made that clear at the outset.

 

Subsequent to that post I received advice from that solicitor. 

 Her advice was unequivocal: co-operate with Principia, Auxillis's solicitors.  

 

I later mentioned to her that I believed, at that time, that the dates of the hire were incorrect.

Her response was what I would describe as a typical solicitor's "mmmm...." which I took to mean "don't mention it."

 

The Co-op are not involved; Auxillis's contract is with me, and I agreed (unwittingly) to their terms of business when I put my signature to those eight pages of microscopic print on my drive, in the rain, in desperate need of, but devoid of transport and with the delivery driver looking at his watch.

 

Agreed: the Co-op should not be doing this. They certainly won't be doing it to as many people as they would otherwise, when enough people search the word "Auxillis" and are lead to this post, and they won't be insuring anything of mine, or any of my family and friends in the future either. 

 

I have often found in the past that advice, albeit well meant, can contradict. This is the perfect example: on the one hand I'm advised not to ambush my own solicitors; on the other I'm advised to challenge them and blow Auxillis's case out of the water by writing to the court and the defendant's solicitor. That would go down well - I don't think...

 

Were I to do that - Principia would, I am sure, immediately drop me as their client, as would 99% of solicitors, inform Auxillis of my actions, and put me in the position of being seen not to be co-operating (and that's putting it mildly,) in direct breach of my contract with them, resulting in Auxillis making a claim against me, for the hire costs.

 

That they would be highly unlikely to recover more than a couple of hundred quid is neither here nor there: I don't want the hassle of going to court, losing - which I would - and then being landed with a CCJ and subsequent enforcement action. Why would I? Why would anyone?

 

Which of course, is why Auxillis get away with it.

 

As I promised at the outset though - for anyone who falls into the hands of these parasites, I will continue to update as developments occur. 

 

 

 

 

 

 

 

 

 

 

[arj4y92]

Hi Jack, do you have any updates on your case? 

[jack_riley]

All I can say is that it is still ongoing. Are you having problems?

[unclebulgaria67]

Credit hire is to be avoided.  If the third party Insurers refuse to cover the full costs of the car hire, then you would need to study the terms of the agreement signed for the car hire to understand the consequences.  I believe a car hire debt could be left, if the full hire cost is not paid by the third party Insurers. 

 

Separate thread will be set up for you.

[StuC]

Wanted to join in this, seems very similar to the experience my wife is having after an accident in June 2019. Diamond referred her to Auxillis for a "hire car" and all seemed rosy. Now my Wife is apparently taking the other driver and insurance company to court.

 

We've just had to submit financial statements and pay slips to prove she couldn't have afforded to hire a car herself for the 21 days it took for the repair to be completed. Fortunately, the car was no better than ours (Vauxhall Grandland for our C Max, which felt like a downgrade) but it is unnerving and time consuming, especially as we need to find 6 months of statements from over a year ago.

 

Also, apparently the court selected is Northampton (we're in Bournemouth so we'll be asking for that to change if possible!!!)

[unclebulgaria67]

Northampton is central admin centre Court when claims are submitted online. Later in the process, the actual local Court that will feature any hearing is decided between parties.

 

For these motor Insurance claims, the Insurance companies usually settle before any Court hearing. Issuing the Court claim focuses minds on negotiating an agreed settlement. 

[jack_riley]

Well the 'hearing' such as it would have been, was scheduled for th 29th of September and would have been held over the phone. 

 

But wise old Uncle Bulgaria has it right: at the eleventh hour, the two insurers' solicitors settled out of court.

There is no liability for me. 

 

I originally started this thread two years ago, after I'd received an email from the hire company's solicitors, saying they were acting for me, accompanied by dire warnings not to ignore it and requesting that I register on their website. 

 

We were at the local pub at the time, eating out as a celebration due to our having paid our mortgage off that day.

It completely ruined the evening, caused me many sleepless nights thereafter,

two hundred quid on a solicitor to check out Principia's (Auxillis's solicitors) and recurring nightmares over this last two years, as emails would drop into my inbox randomly, often in the middle of the night or at weekends.

 

I never dealt with the same person twice, every contact with them resulted in confusion.

Even as recently as three weeks ago, I was asked to sign a witness statement, scan it and attach it as an email to them.

 

I did so, and requested confirmation that they'd received it.

Nothing.

 

A week or so later, another email, requesting the same signed statement.

I sent it again, along with a screen shot of the original email.

Still no confirmation.

 

A couple of days later I received a text message, requesting the same thing again.

 

Then finally, two working days before the hearing, I got the email advising me of the hearing. 

 

I received a telephone call from the barrister approximately 22 hours before the time, advising me of the settlement.

 

When I started this thread, it was out of frustration at the thoughtlessness of those who had started similar threads on other forums, but who hadn't completed the story and reassured those who were desperately seeking that reassurance.

 

I promised I would update every few months and would finalise the thread when it was eventually settled.

 

In conclusion, to all those unfortunates who have ended up here as a result of similar frustration, I can offer that reassurance.

 

As long as you co-operate with their solicitors (and keep a record of every email, every telephone conversation,) you will be fine. Of course the people who really need to read this thread are those who are just about to sign that credit hire agreement. Unfortunately it is unlikely they will. 

 

However, if anyone is in that position, here is my advice:

if your insurance company, after an accident that was not your fault, offers you a hire car (and even more so if the fault of the accident is not quite clear cut,) ask them this question:

"IS THIS A CREDIT HIRE AGREEMENT?" If the answer is yes - DECLINE. 

 

Hire a small car on your credit card, keep it for as short a period as possible, then bill the other driver's insurers.

It is doubtful they would quibble, but if they do, threaten them with an action in the small claims court.

If that still doesn't work, take out the summons using moneyclaim online.

You'll get your money, and the court fee. 

 

That finalises the issue, for me.

Thank you to all those who offered advice and I hope this is reassuring to anyone who is going through this hell. 

[unclebulgaria67]

Thank you @jack_rileyfor completing your story and the advice you have given to avoid credit hire.

 

Credit Hire is a part of a game to make money. And if people sign up to hire cars on this basis, they may come to regret it at a later date. 

 

 

[unclebulgaria67]

Think most get settled without going to a hearing.  The Court process requires the parties to try to settle. But it could be close to the Court date.

 

This is a huge industry with plenty of people making money from this process.  

[jack_riley]

How do I unsubscribe/ stop receiving notifications? Today, I've had six notifications by email. Not surprisingly, after two and a half years of hassle with this lot, when I see the word 'Auxillis' in my email inbox, my heart sinks.

 

Please - stop sending notifications, or unsubscribe me. I never want to see or hear their name again.

 

Thanks.

[dx100uk]

scroll up to the top on the right right 

green following box

hit that untick your name

 

i'm going to make all the recent hi-jacking post into a thread for arj too

 

DX