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jack_riley

Auxillis....again

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Claims Management story. 4th Sept 2017, my car (2002 Honda CRV Automatic,) parked on company premises was hit by a fellow employee who was driving a company pick up at the time. He was reversing at such speed that he wrote my car off.

 

I phoned my insurers (Co-op) the following day. I'm insured fully comp and frankly, pay over the odds because I believed the Co-op were a firm with an ethical approach. (Ha, ha...) Co-op advised me that I was entitled to a hire car whilst I found a replacement, and that it would be claimed against the other party. I accepted, and Auxillis - who I believed were actually working on behalf of the Co-op - phoned me. I had to go through a load of questions and eventually the guy said he'd arrange for a 4x4 automatic to be delivered to my address later that day.

 

When the delivery driver arrived, I was handed a wad of paperwork to sign. (Now for those of you out there who are already asking "Did you read it all?" There were at least eight pages of small print, I was outside on the drive, it was raining and the driver was looking at his watch, as I started to. And all the time, I was thinking "...This is the Co-op... they're ethical...") I did notice on the front page, hire charges of £184 per day, plus £5 per additional driver plus £80 delivery, all plus VAT. The car was a Range Rover Evoque - lousy to drive and completely unsuitable and over the top for my needs. I questioned why such a top of the range car and was given the answer that 4x4 automatics are rare, and this was all they had. I was very wary, and hunted high and low for a replacement for my own car, eventually buying one - on my credit card, 5 days later, for £3,000. I only ever buy used cars with a credit card, because of the protection offered by Consumer Credit Act. In the meantime, the other driver's insurers (Axa) admitted liability, and I received a payout for £1600 for my car, quite quickly.

 

My wife phoned Auxillis and they picked up the car eight days after the hire began. That was the end of it - or so I thought. 14th November this year, I am notified that the other party's insurers (Axa) are refusing to pay the THREE THOUSAND SEVEN HUNDRED AND THIRTY TWO POUND hire cost. Now I'm being dragged into the usual legal battle between Auxillis and the other party's insurer Axa.... Although I'm the claimant and Auxillis's solicitors, Principia Law, will act for me.

 

I've been sent a questionnaire which basically asks things such as "Did you need such a prestige car?" (A) Well yes of course - as a joiner on a building site, carrying his tools in the boot, obviously I need a top of the range Range Rover Evoque.. "Could you have afforded to hire a car yourself, on, say a credit card?" (A) Actually yes, at the time I had a credit card with a £6000 limit and next to no balance. But I had no idea how long it would take to find a replacement for my own car (original took nearly six weeks to find.) I assumed I would spend the same amount of time looking for a replacement (wife can only drive autos and we live in a hilly district, where, when it snows, little moves so 4x4 was the only real option,) and I had no savings, so would need the card to buy the replacement.

 

I've just had to pay £200 for my own solicitor to look over Principia Law's contract. (Still awaiting her advice.) I dearly wish to hell, when the Co-op had offered their hire car, I'd told them where to stick it.

 

Thing is - because I had the credit card, could they argue I should have hired my own? (leaving aside why the hell should I have to, anyway?) I now have to 'cooperate' with Principia Law to get payment - and that includes accepting their terms and conditions - two paragraphs of which I have grave misgivings about. I have no choice - I want the other driver (who is a reckless idiot, frankly,) to have the same worry I've had. On the other hand, I'm now retired, on only a state pension and I really do not need this. Where do I stand - and what about the two hundred quid I've just had to lay out on my own solicitor?

 

[Footnote: I have scoured several forums and many stories like this are to be found. What are not to be found are posts that tell the eventual outcome - which is frustrating and I believe ungrateful to those who have offered advice. So - with that in mind, I have put four reminders on my phone, at 3 month intervals, so that people can find out. Watch this space...]

Edited by jack_riley

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Hi Jack and Welcome to CAG

 

 

I have moved your thread to the appropriate forum...please continue to post here to your thread.

 

" I have scoured several forums and many stories like this are to be found. What are not to be found are posts that tell the eventual outcome - which is frustrating and I believe ungrateful to those who have offered advice. So - with that in mind, I have put four reminders on my phone, at 3 month intervals, so that people can find out. Watch this space..."

 

We couldn't agree more...but we do remember the posters when they come back with different problems :wink:

 

Regards

 

Andy


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Well if it's any comfort to anyone out there who's in the same situation and is terrified of entering into the agreement with Principia Law... My solicitor gave them the all clear yesterday. I was advised that their terms and conditions of business are fairly standard throughout the industry, and that there is no reason why it would be to my disadvantage to cooperate with them. That cost me two hundred quid, and it's unlikely I'll be able to claim that back from anyone, but still cheap for the price of a sound night's sleep after two weeks. So I accepted the terms today, and filled out the questionnaire as honestly as I could. I received an acknowledgement by email shortly after.

 

Contrary to many posts I've seen on various blogs, I've had no trouble in contacting either Principia or Auxillis.

 

Of course, I don't know at this stage how it will all pan out, but I have received several assurances on the phone (all recorded,) that provided I cooperate with Principia, I will not be asked for money, even if they take the case to court and lose - which was my main worry.

 

Anyway, we'll see. I'll update again as soon as there is any news.

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I promised an update and here it is:

 

Today I received an email from Auxillis's solicitors, with an attached writ, in the form of a PDF, made out to the other driver's employers (my employers also, at the time.) I almost signed the writ, but the email advised me to check all the details very carefully, before doing so. Good job I did: Auxillis are claiming the cost of fifteen days hire of the Range Rover Evoque. In fact, it was delivered to my home address on the 5th of September 2017 and picked up on the 13th: nine days, including delivery and pick up days.

 

I consulted my own solicitor a couple of months ago, in order to make sure that it was OK to enter into the agreement with Principia Law, Auxillis's solicitors. She confirmed that it was - but emphasised that I must be honest in every detail, with regards to the claim. Principia Law themselves repeated exactly the same thing, so I believe I am perfectly entitled to refuse to sign a writ that would effectively be fraudulent. I have however, confirmed that I will co-operate in any way necessary, including giving evidence in court, for the costs of the hire for nine days.

 

Where that leaves it, exactly, I do not know. The driveway where the car was delivered and from where it was picked up nine days later, is covered by our cctv. Unless Auxillis respond to the solicitor, correcting their 'mistake,' or on the other hand insisting that it actually was FIFTEEN days, and that I am somehow mistaken, and confirm that they are prepared to back that up with evidence in court, I cannot sign the writ.

 

I will continue to update until the whole thing is resolved one way or the other.

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ta


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Three months further on and I promised to update. The whole thing had gone quiet, so I thought I'd better show willing and return the statement of facts/truth to them. But obviously I crossed out the date they'd put, and put in the correct date the car was returned, as recorded by the cctv covering our drive. I received an email a few days later from Principia, informing me that they'd received it. and that they had contacted Auxillis's agents who were going to check the info on the car's tracking device and get back to me. That was six weeks ago. 

 

Now as I know for a fact it was returned on the 13th of September, all that the tracker will show is that it was almost certainly in the compound of the hirer, in Carlisle (from where I was informed it had come, and believe it was returned to,)  from that date until - probably - the 20th. of September. 

 

Now... I wonder how often the people who are in my position even check the dates on the writ? And had I not checked, I could easily have signed and returned it - and in theory at least, left myself open to criminal charges, had it come to light later. 

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Hi Jack,

 

Hope you are well.

 

Any luck on the outcome with Auxillis?

 

Me and my fiance are in a predicament too.

 

She had an accident last year February 2018 at the time of which she was insured with Hastings. 

Now at the time of the incident we thought third party was at fault taking into account how the accident happened. 

We then went to a local unit/factory to see if they had footage. This footage made it look like my fiance was at fault. We therefore rang hastings to tell them we were at fault according to what we had seen on footage.

But in between this happening we had also spoken to Auxillis and the long conversation. On that call we had told there that the third party was at fault.

 

But over year later Auxillis have contacted us to pay up for hire charges because apparently we lied to them even though we rang Hastings but Hastings did not tell us we had to inform Auxillis.

 

Now im trying to get Hastings to pay up as we were insured fully comp with car hire included. But Hastings keep fobbing us off to Auxillis.

 

At first we thought it was third party fault but we admitted it straight after seeing cctv ourselves to reduce the hastle/stress.

 

Also hastings said they would try for a win or 50/50 even though we told them we were at fault.

 

Any idea what you would do?

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Hello and welcome to CAG.

 

You need to start a new thread of your own please in the Motor Insurance forum, this thread is for advising jack. Hopefully he will let you know how he got on, but you really need to start a thread please.

 

Best, HB


Illegitimi non carborundum

 

 

 

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